In the context of the transformation of criminal policy, one of the main directions is the humanization of criminal legislation. In order to mitigate the punishment when imposing a milder punishment than is provided for in law enforcement practice for a specific criminal offense, the mitigating circumstances provided for in Article 55 of the Criminal Code of the Republic of Kazakhstan, which are a necessary element for all forms of mitigation of punishment, are taken as a basis.

In the criminal legislation of 2014, the legislator combines into one rule the rules for assigning a milder punishment than provided for by law, and the rules for the impact on punishment of mitigating circumstances, without taking into account their legal nature, the degree of impact on punishment. And these contradictions create significant difficulties in law enforcement practice.

In the article, the author, considering the issue of applying the rules for assigning a milder punishment than is provided for a specific criminal offense, tries to determine the degree of influence of mitigating circumstances and special circumstances on punishment.