Восполнение пробелов законодательства для определения размера судебного штрафа

Abstract

Abstract: Introduction. Judicial fine is one of the latest innovations included by the legislator in Section VI of the Criminal Code of the Russian Federation «Other Measures of Criminal Legal Nature». During the five years of its operation, the institution of the judicial fine, as part of the institution of exemption from criminal liability under Article 762 of the Criminal Code of the Russian Federation, has demonstrated its viability; legal practice has shown the ever-increasing demand for this institution. One of the practical challenges is determining the amount of the judicial fine. Part of the reasons of this challenge include 1) the absence of a minimum threshold for the judicial fine in the criminal law; and 2) the unresolved issues of exemption from criminal liability with the imposition of a judicial fine on individuals who have committed a crime when they were minors. In this article, proposals are formulated for the legislator aimed at addressing this issue.
 The purpose of this study is to analyze the normsof criminal, criminal procedure and penal legislation,as well as judicial practice review, with the goal of formulating proposals for determining the minimum threshold of judicial fines and calculation methods for judicial fines, including those for individuals exempt from criminal liability for crimes committed in their minor age.
 Methods. In this work, both general scientific and specific scientific research methods have been utilised. Through the comparative legal method of research, the ways of calculating the amount of penalties in foreign and domestic criminal legislation were studied. The survey method made it possible to identify the opinions of scientists and practitioners regarding the issues of determining the amount of a judicial fines and methods of its calculation.
 The results of the research and the rationale for novelty. The results obtained from the research have enabled the author to formulate proposals for amending the norms of the criminal law (Article 1045 of the Criminal Code of the Russian Federation), which determine the amount and procedure for calculating judicial fines as a measure of criminal law nature. These proposals draw attention of practitioners to the provisions of the current criminal legislation, which requires taking into consideration a range of factors when imposing this criminal law measure.