Introduction. The relevance of the study lies in analysing problematic issues arising in the practice of imposing criminal penalties by courts, specifying the negative consequences arising from this, and developing legal and practical proposals aimed at optimising this practice. Attention is drawn to errors in the imposition of penalties in reviews of the judicial practice of the Supreme Court of the Russian Federation in specific cases. The reasons for such errors lie in the shortcomings of the legal framework itself, which deals with the general principles and rules for sentencing, as well as in the absence of a theoretically sound methodology that could contribute to its adequate and uniform application and guarantee compliance with the principles of equality, legality and fairness. Methods. These issues have been the subject of research into penal practice in several regions through its generalisation (monitoring) and comparison of the results obtained with analytical calculations related to the imposition of punishment and the main criteria relating to the crime committed and the personality of the defendant. Conclusions. The results of the study and monitoring of judicial practice allowed us to formulate theoretical conclusions and recommendations for improving the legal and methodological basis for sentencing from the perspective of de lege ferenda.