Application of punishment for arbitrariness: analysis of practice and ways of optimization

The article is dedicated to analyzing the practice of sentencing for the commission of self-will (Article 330 of the Criminal Code of the Russian Federation) in the Russian Federation, identifying problems and contradictions in the application of various types of punishments provided for by the sanctions of this article, and developing ways to optimize them. The results of the research revealed a number of significant issues, including a tendency for courts to unjustifiably lower the assessment of the social danger of self-will, evidenced by the imposition of fines below the minimum limit and the widespread use of suspended sentences, even in cases of violent self-will. Cases of imposing actual punishments for non-violent self-will were noted, while for violent actions qualified under Part 2 of Article 330 of the Criminal Code, a suspended sentence is applied. A formalism in the courts' approaches to determining the obligations imposed on those sentenced to probation was identified. The methodological basis of the research is a dialectical approach and various methods of scientific cognition used in jurisprudence: systemic and formal-logical methods. Along with theoretical research methods, methods of analysis and synthesis were applied. The scientific novelty of the research lies in the identification of the imbalance in the application of various types of punishments for self-will and substantiation of the need to optimize sentencing practices. The conclusions and recommendations proposed in the article aim at expanding the sanctions of Part 2 of Article 330 of the Criminal Code with types of punishment not related to imprisonment, such as corrective and compulsory labor, as well as tightening the requirements regarding the content of obligations imposed on those sentenced to probation, to enhance the effectiveness of suspended sentences as a measure of criminal law influence. The necessity for a more objective approach to determining the degree of social danger of each specific act when imposing punishment for self-will is emphasized. The implementation of these measures will enhance the effectiveness of criminal law impact and ensure justice in sentencing for self-will.

arbitrariness, sentencing, suspended sentence, fine, correctional labor, compulsory labor, differentiation of responsibility, judicial practice, degree of public danger, resocialization