Courts practice of accounting mitigating and aggravating circumstances when sentencing

The article analyzes the legislative consolidation and courts practice of mitigating and aggravating circumstances for the purpose of criminal punishment. The author examines the notion of circumstances of the offense and the circumstances recognized as mitigating and aggravating, draws attention to their non-identity and heterogeneity, as well as features , value and contradictions in their legislative consolidation and courts practice.

Keywords: mitigating and aggravating circumstances; circumstances of the offense; sentencing; judicial practice.