Individualisation of punishment through the prism of the principle of proportionality and human rights protection standards

The article is devoted to a comprehensive theoretical and applied analysis of the individualisation of punishment through the prism of the principle of proportionality and international human rights protection standards. It is argued that the principle of proportionality is an independent means of law enforcement, which in turn requires compliance with criteria such as justification of punishment and its application with the necessity and sufficiency to achieve the purpose of punishment. The implementation of this principle is possible on the basis of compliance with the general principles of sentencing, consideration of the system of penalties, and observance of procedural guarantees of a fair trial. The principle of individualisation of punishment is a key mechanism in the implementation of criminal liability, ensuring a fair balance between the public interests of the state and the rights of the person being held criminally liable. The general principles of sentencing enshrined in Articles 65–67 of the Criminal Code of Ukraine are analysed and their role in ensuring proportionality between the severity of the criminal offence committed, the person of the offender, the circumstances mitigating or aggravating the punishment, and the type and severity of the punishment is clarified. It has been established that when imposing punishment, it is necessary to take into account other provisions of criminal law, in particular the provisions on the stages of committing a criminal offence (Articles 13–15 of the Criminal Code of Ukraine), complicity (Articles 27–28 of the Criminal Code of Ukraine), the system of punishments (Article 51 of the Criminal Code of Ukraine) and other provisions of the General Part of the Criminal Code of Ukraine, which affect the type and severity of punishment and are commensurate with the severity of the criminal offence committed and the person guilty of it, in order to achieve justice and the purpose of punishment. Special attention is paid to the practice of the European Court of Human Rights regarding the application of Articles 3 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasised that the absolute nature of the prohibition of torture and inhuman or degrading treatment determines the limits of the application of criminal law enforcement, while the right to a fair trial is a procedural guarantee of the proportionality of punishment. It is concluded that the individualisation of punishment through the prism of the principle of proportionality and international human rights standards is a guarantee of ensuring the proportionality of punishment to the offence committed, due process, which is a guarantee of the rule of law, as well as the effective protection of human rights and freedoms.