MISCARRIAGE OF JUS- TICE AS ONE OF THE REASONS FOR NOT ACHIEVING PURPOSES OF CRIMINAL PUNISHMENT

The article considers the hypothesis that a judicial error can significantly reduce the likelihood of achieving the goals of criminal punishment. The concepts of miscarriage of justice and the goals of punishment are formulated, and the consequences of failure to achieve the goals of criminal punishment are analyzed. Statistical data are provided that confirm the existence of the problem of inefficient implementation of the goals of criminal punishment. Possible, probable, as well as actually committed judicial errors are considered, as a result of which the goals of punishment cannot be achieved. The authors come to the conclusion that a significant reduction in the number of judicial errors will have an exceptionally positive impact not only on the judicial system, including its authority, but also on other involved systems – criminal law, penal enforcement, etc. A correct court decision regarding the size and type of punishment is a necessary basis for achieving the goals specified in Part 2 of Article 43 of the Criminal Code of the Russian Federation.