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strengthens punishment or penalty, is inadmissible because the social
purpose of both prohibitions and sanctions (threat for their violation)
consists in influencing the choice of one or another line of behaviour.
On the contrary, a law abolishing the prohibition or alleviating the

punishment, penalty, must have a retroactive effect, because the
severe punishment for acts previously considered as a crime, and now
it is not considered as a crime or it is punished less strictly, not only

contradicts humanism and justice, but it makes equal criminal and
non-criminal acts, dangerous acts and less dangerous in the public
consciousness.
The legality of responsibility lies in the fact that a specific

measure of liability is limited by the sanction of violations of the norm
and its implementation may be mitigated, but not strengthened.
Finally, the investigation of the circumstances of the case on the

offense, application and implementation of sanctions are carried out in
the procedural form, which contains guarantees of objective
consideration and resolution of the case with the provision of rights

and legitimate interests of the prosecuted person.
Legislation defines the special guarantees of lawfulness, which
warn and terminate overrun of the law, misuse and mistakes in the

application of substantive law (incorrect legal qualification of an act,
determination of punishment or penalty outside the scope of sanction)
and procedural rules (violation of the procedure of consideration of a
case, investigation of evidence, adoption of a decision, procedure for

its appeal and implementation, etc.).
Legitimacy is closely bound up with the validity of
responsibility, and it means, firstly, an objective study of the

circumstances of the case, collection and comprehensive assessment
of evidences, the argumentation of conclusion whether an offense was
committed, whether the prosecuted person is guilty, and secondly, the
definition of a specific measure of punishment, penalty, compensation

for damage in strict conformity with the criteria established by law. As
noted, punitive, punitive sanctions are relatively definite in nature,
which makes it possible to take into account the circumstances of a

particular case, while applying a punishment or penalty (the features
of the offense, the personal characteristics of the offender). The choice
of a particular measure of punishment or penalty within the limits of a

specified sanction must be based on a thorough examination of the

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