
Current issues of the implementation of a criminal penalty
Author(s) -
Ekaterina V. Avdeeva
Publication year - 2021
Publication title -
vestnik ûgorskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2078-9114
pISSN - 1816-9228
DOI - 10.17816/byusu20210293-100
Subject(s) - convict , punishment (psychology) , payment , set (abstract data type) , criminology , law , property (philosophy) , criminal law , psychology , political science , business , computer science , social psychology , finance , programming language , philosophy , epistemology
The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established.
The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict.
The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment.
The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors.
Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.