In this article, problems of punishment by the courts in the presence of mitigating circumstances, as well as individualization of punishment according to the criminal legislation of Uzbekistan.

The article scientifically-theoretically analyzes theoretical and legal problems of punishment by the courts in the presence of mitigating circumstances, as well as individualization of punishment according to the Criminal Code of the Republic of Uzbekistan. In this case, the signs of the objective side of this crime, its specifics are covered on the basis of the opinions of national and foreign scientists, as well as legislative analysis.

According to author nowadays, a provision has been introduced into the criminal law that for a crime committed under certain punitive circumstances, if there are no aggravating circumstances established in the law, the punishment must necessarily be relaxed.

Section 571 of the Criminal law of Uzbekistan, entitled “The imposition of punishment when the culprit has practically regretted his act”, is defined as: “the term or amount of punishment shall not exceed two-thirds of the maximum penalty provided for by the relevant article of the special part of this code, in the absence of circumstances aggravating the punishment provided for This provision does not apply to persons who have committed crimes related to intentional homicide (part two of Article 97) and terrorism (part three of Article 155) in circumstances that aggravate liability”.

Proposals for the development of national legislation have been put forward in the analyzed issue.

Term of punishment, imposition of punishment, mitigating circumstances

Items37, 38, 39 of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 1 of February 3, 2006 "On the practice of judicial punishment for crimes"

Karpets I.I. Aggravating and mitigating circumstances in Soviet criminal law. – M., 1959. – p. 112.

Brainin Ya.M. Criminal law and its application. – M., 1967. – p. 202.

Orlov V.S. The appointment of punishment below the lowest limit specified in the law // The application of punishment in Soviet criminal law. – M., 1958. – P. 225.

Belyaev N.A. The appointment of punishment // Course of Soviet criminal law. Vol. 2 / Edited by N.A. Belyaev, M.D. Shargorodsky. – L., 1970. – p. 361.

Shargorodsky M.D. Course of Soviet criminal law. General Part. Vol. 2. – L., 1970. – p. 361; Krieger G.A. Punishment and its application. – M., 1962. – pp. 38-39.

Garaev M.T. Mitigation of punishment when it is imposed under Russian criminal law. Dis. ... cand. Jurid. sciences'. – Kazan, 2002. – p. 133; Criminal punishment: concept, types, purpose / Edited by I.Ya. Kozachenko. – Yekaterinburg, 1994. – p. 93.

The third part of paragraph 39 of the Plenum of the Supreme Court of the Republic of Uzbekistan, Order No. 1 of February 3, 2006 "On the practice of judicial punishment for crimes".

Item 38 of the Plenum of the Supreme Court of the Republic of Uzbekistan, Order No. 1 of February 3, 2006 "On the practice of judicial punishment for crimes".

Kladkov A.V. Sentencing // Criminal law of the Russian Federation. General part / Edited by A.I. Raroga. – M., 2001. – p. 412; Stanovsky M.N. The appointment of punishment. – St. Petersburg, 1999. – p. 281; Shatilovich S.N. Active repentance and the punishability of crimes. Dis. ... cand. Jurid. sciences'. – Nizhny Novgorod, 2002. – p. 178; Garmanov V.M. Competition of criminal law norms in sentencing. Author's abstract. dis. ...cand. Jurid. sciences'. Omsk, 2002. – p. 21.8.

Duyanov V.K., Tsvetinovich A.L. Additional punishments. Theory and practice. – Frunze, 1986. – p. 29.

Tagantsev N.S. Russian criminal law. Vol. 2. – Tula, 2001. – p. 388.

Levitsky G.A. Punishment, its basis and principles of application under Soviet criminal law. – L., 1956. – P. 9; Babaev M.M. Individualization of punishment of minors. – M., 1968. – P . 43; Byshevsky Yu.V., Martsev A.I. Punishment and its purpose. A study guide. Omsk, 1976. – p. 44; Savenkov A.V. The principle of individualization in sentencing. Author's abstract. dis. ... cand. Jurid. sciences'. – St. Petersburg, 2004. – p. 20.

Chechel G.I. Mitigating circumstances and their significance in the individualization of punishment. - Saratov, 1978. – p. 155

Melchaev A.A. How to convince a court to impose a judicial fine: recommendations for protection // Criminal trial. – 2017. – No. 10. – pp. 80-87.