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Author

Morozov V.I.

Title of article

REVIEW OF THE THESIS BY A.E. KUKOVYAKIN “EXCEPTIONALCIRCUMSTANCES AS A GROUND FOR MITIGATING THE PUNISHMENT”

Section

Section 12. Reviews, critiques

Issue, year

2 (44) 2018

Abstract

The review confirms the relevance of the chosen research topic, the high degree of validity of the scientific provisions, conclusions and recommendations formulated in the thesis, the
reliability and scientific novelty of the results obtained, as well as their significance for the theory of criminal law, lawmaking and judicial practice. It is concluded that the work is a comprehensive
monographic study of the imposition of criminal punishment in case the exceptional circumstances are available. The attention is focused on the results contained in the thesis, which enrich the criminal law
with new useful conclusions about the nature of exceptional circumstances that mitigate punishment, about the grounds and procedure for their recording and application when imposing a more lenient punishment than the usual punishment provided for this crime. It is emphasized that it is necessary to agree with most of the author’s proposals for improving the mechanism of criminal and legal
regulation, as well as with the author’s theory of imposing a more lenient punishment in case the exceptional circumstances are available. The objections concerning the certain provisions contained inthe text of the thesis are made as discussion points. They are of a private nature and do not affect the overall positive assessment of the work as a whole.

Keywords

criminal punishment; imposition of punishment; mitigating circumstances; exceptional circumstances; criminal law.