Development of the Legal Regulation of Punishment in the Form of Fine According to the Criminal Code of Ukraine of 2001

Abstract

This topic is relevant because in practice the application of such punishment as a fine is very common, and it has many problematic aspects of the purpose. The purpose of the article is the genesis of the criminal law regulation of punishment in the form of a fine in the current Criminal Code of Ukraine and the analysis of the changes that have taken place over the past 20 years. To achieve this goal, the author used dialectical, historical and comparative methods. These methods helped to investigate the processes of formation and development of the institution of the fine in the Criminal Code of Ukraine of 2001. In the article, the author analyzes the norms of the criminal legislation of Ukraine, which regulate the concept of a fine and the order of its calculation, the maximum and minimum size of the fine. The author emphasizes that the prevalence of the fine in legislation and judicial practice, the methods of its calculation, its size, the grounds and conditions of its application are not constant and are conditioned by socio-economic, political, criminological and legal factors of specific historical periods. This is especially relevant for Ukraine. Current criminal law establishes a fine as the mildest type of punishment among other types of punishment, but this is a controversial provision. The author emphasizes that the legislator hopes for a fine as an effective form of punishment for persons who have committed certain criminal offenses, primarily corruption and against property. At the same time, it was emphasized that regular changes in the rules on fines, especially regarding the size of this type of punishment, are not without significant drawbacks. In this work, they are outlined. Certain positions regarding their elimination have been expressed. Possible options for reforming regulatory provisions are proposed.