ACTUAL PROBLEMS OF THE INSTITUTION OF A JUDICIAL FINE

ABSTRACT

This article is devoted to the actual problems of the institution of judicial fine. The impact of these errors on law enforcement practice is assessed. This article also discusses errors from judicial practice related to the imposition of a court fine. The measures necessary to improve this legal institution are proposed.

АННОТАЦИЯ

Данная статья посвящена актуальным проблемам института судебного штрафа. Оценивается влияние этих ошибок на правоприменительную практику. В данной статье также рассматриваются ошибки из судебной практики, связанные с наложением судебного штрафа. Предлагаются меры, необходимые для совершенствования данного правового института.

Keywords: exemption from criminal liability, judicial fine, judicial practice, crimes of small and medium gravity, the rule of law.

Ключевые слова: освобождение от уголовной ответственности, судебный штраф, судебная практика, преступления небольшой и средней тяжести, норма права.

The introduction of a court fine as a way to avoid criminal liability is a relatively new institute with positive aspects. This allows to reduce the number of people convicted of crimes of minor or moderate severity, and motivates those responsible for the crime to compensate the victims, thereby restoring violated rights. As a result, the offender avoids criminal liability and subsequent legal negative consequences, including a criminal record. Despite these advantages, there are significant obstacles to the effective use of this institution. They include ambiguities and uncertainties in the legislation regarding the grounds and conditions for the imposition of a court fine, which creates difficulties in law enforcement practice. Internal inconsistencies cause certain problems in the regulation of legislation.

Section 15.2 of the Criminal Code of the Russian Federation includes a large number of concepts such as “exemption from criminal liability”, “first commission of a crime”, “compensation for losses” and “reparation of damages”, which, however, remain unclear and uncertain within the framework of criminal law, which makes it difficult to understand and correctly apply them. This, in turn, leads to errors and inconsistencies in judicial practice [1, с. 19].

Another significant problem is the lack of clear and legally defined grounds and conditions for the imposition of judicial fines, as well as the uncertainty of the goals that should be achieved with their imposition. This has a negative impact on the effectiveness and fairness of this judicial procedure.

For example, the vagueness in the definitions of the conditions and grounds for exemption from liability in criminal cases, with the possibility of imposing a court fine, creates conditions for their diverse understanding and application in courts. So, in the case considered by the Takhtamukai District Court of the Republic of Adygea on May 19, 2017, the defendant was released from criminal liability with the imposition of a court fine in the amount of forty thousand rubles in accordance with part 1 of Art. 297 of the Criminal Code of the Russian Federation. This decision was an example of how the ambiguity of regulations leads to differences in their interpretation and execution.

Based on Art. 76.2 of the Criminal Code of the Russian Federation, the court decision to release the accused from criminal liability with the imposition of a court fine was due to several key factors which are the absence of previous convictions, the qualification of the act as a minor crime and compensation for damage to the injured party [2, с. 168]. In this case, judicial practice demonstrates the mixing of two concepts provided for by law in one decision. Additionally, it should be noted that sometimes judicial decisions on exemption from criminal liability are based solely on the conditions set out in the mentioned article.

In the Omsk Oktyabrsky District Court, during the consideration of a criminal case, the accused under part 2 of Art. 216 of the Criminal Code of the Russian Federation could be released from liability. This outcome was made possible by the application of Art. 76.2 of the Criminal Code of the Russian Federation, which clearly defines the conditions under which release is permissible. It is important to note that the court focused exclusively on discussing precisely the grounds established in the mentioned article, without affecting the concept of “conditions” for exemption from liability [3, с. 22].

Terminological differences make it difficult for law enforcement officers to understand and interpret this norm in the same way. For example, while Art. 76.2 of the Criminal Code of the Russian Federation allows for exemption from punishment for persons who have committed a minor and moderate crime for the first time, part 1 of Art. 25.1 of the Criminal Procedure Code of the Russian Federation suggests stopping the investigation or stopping the prosecution of a person accused or suspected of similar acts [4, с. 79]. To resolve this issue, it is proposed to amend the criminal legislation in order to clarify.

The proposal to amend Art. 76.2 of the Criminal Code of the Russian Federation focuses not on persons who have committed crimes for the first time, but on those who are already under suspicion or accusation. This proposal arises from the need to define the conditions under which a criminal case or prosecution can be terminated more precisely, especially when it comes to imposing a court fine.

Further, the amendments also relate to the structure of the Criminal Code in terms of court fines. It is proposed to exclude court fines from the sixth section of the Criminal Code of the Russian Federation, emphasizing their specific application. After all, a judicial fine is imposed only after the criminal case is closed, and the person is released from criminal liability, which calls into question his belonging to measures of a criminal nature. This approach is proposed to clarify and improve the logical structure of legislation regarding judicial fines.

The question of the rules concerning when and how a court fine can be imposed causes a lot of discussion, especially in the context of whether full compensation for material damage is required for exemption from criminal liability. The uncertainty arises due to the lack of clear instructions in the legislation regarding the full amount of compensation for damage, which raises questions about the possibility of partial compensation for damage with subsequent exemption from criminal liability. To solve this problem, it is necessary to clarify legislative acts, establishing that the imposition of a court fine as an alternative to criminal liability for persons who caused material damage implies mandatory full compensation [5, с. 75].

Summing up, it can be noted that this institution is an important step towards the humanization of criminal law. It is necessary to extend it to all crimes belonging to the category of minor or moderate severity. However, the identified problems show that the law and the guidelines of the supreme judicial body need to be specified and adjusted. To improve the institution of judicial fines, it is necessary to work on improving regulations. It is necessary to clearly define the list of offenses for which a court fine can be imposed. Normative acts should have clear criteria for determining the amount of a court fine, as well as the existence of definitions of the grounds and conditions for exemption from criminal liability when using this criminal legal measure, which will ensure the fair appointment of a court fine by judges.

References:

1. Antonov A.G. Is the basis for exemption from criminal liability under Article 76.2 of the Criminal Code of the Russian Federation ("Exemption from criminal liability with the imposition of a court fine")? // Russian Justice. – 2018. – № 9. – С. 17-19.
2. Khlebnitsyna, E.A. "Basis" and "condition" of exemption from criminal liability: the relationship of concepts (on the example of Art. 76.2 of the Criminal Code of the Russian Federation) / E.A. Khlebnitsyna, A.A. Chugunova // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – №. 8. – С. 166-170.
3. Mingalimova M.F. Judicial fine: clarification required // The Russian justice system. – 2018. № 4. – С. 20-24.
4. Ovsyannikov I.V. Legal institute of judicial fine: disadvantages and ways of improvement // The Russian justice system. – 2023. – № 6. – С. 76-80.
5. Torgovchenkov V.I. Problems of applying a new measure of a criminal law nature - a judicial fine // Laws of Russia: experience, analysis, practice. – 2019. – № 1. – С. 70-75.