The Institution of a Judicial Fine: Some Results of Law Enforcement; Opportunities for Improving Procedural Regulation

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Abstract

The purpose of the study. The article analyzes some results of the law enforcement practice of termination of a criminal case with the appointment of a court fine. By studying the available opinions and positions on the research topic in the scientific community, statistical data, the regulatory framework and the features of its empirical implementation in this area, the authors planned to identify the existing shortcomings and contradictions in the procedural regulation of the institution of judicial fine, to develop specific proposals in the field of rulemaking to improve its effectiveness.

Conclusions. The institution of a judicial fine is an effective embodiment of the trend in the development of modern legal science aimed at humanizing the norms of law. The institution of a judicial fine is the possibility of resolving criminal law conflicts, which in practice does not entail the need to bring a person to criminal responsibility. There is a need for additional regulatory settlement of issues related to the minimum amount of a court fine, the timing and procedure for its payment. Certain legislative restrictions are necessary on the possibility of applying the institution of a judicial fine for crimes of a number of categories. It is necessary to expand and legislate the possibilities of prosecutorial supervision in the sphere of application of the institution of a judicial fine.

About the authors

Oleg I. Lozinsky

South Russian Institute of Management—Branch of the Russian Presidential Academy of National Economy of Public Administration

Author for correspondence.
Email: oleg.lozz@yandex.ru
SPIN-code: 3389-3371
Scopus Author ID: 1207162
Russian Federation, Rostov-on-Don

References

  1. Sychev D.A. Some questions of the application of the norms on the judicial fine // Legal research. 2022. No. 2. pp. 43–50.
  2. Gerasimova Yu.R. The concept and signs of a judicial fine in Russian criminal law // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2023. No. 1 (104). pp. 146–162.
  3. Medvedeva E.V. The concept, legal nature and functions of a judicial fine in criminal law // Society and Law. 2022. No. 1 (79). pp. 13–18.
  4. Borokhovsky R.N. Judicial fine as a measure of a criminal-legal nature: goals and grounds for appointment // Bulletin of the Kuzbass Institute. 2022. No. 2 (51). pp. 13–19.
  5. Sharov D.V. Judicial fine in drug cases: problems of law enforcement // Bulletin of Economic Security. 2023. No. 1. pp. 193–196.

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