Problems of changing the application of the dynamics provided for in paragraph “G” of part 1 of art. 61 of the Criminal Code of the Russian Federation

The article deals with issues of a legislative and law enforcement nature related to the application by the courts of a circumstance mitigating punishment, enshrined in paragraph “g” part 1 of Art. 61 of the Criminal Code of the Russian Federation. The study identified problems of a legislative nature associated with an unreasonable restriction on the circle of perpetrators to whom this circumstance can be applied. The issues of insufficient argumentation in the motivational and descriptive part are touched upon, in cases where the court decides not to take this circumstance into account as a mitigating one. The problem of taking into account the specified mitigating circumstance in cases where the crime is committed by one parent against the other is analyzed. The problem of the limited applicability of the specified mitigating circumstance in relation to minors aged 14 to 18 years is indicated, the problems of the mechanical (indiscriminate) application of the specified mitigating circumstance in sentencing are identified, which obviously violates the principles of humanity and justice.