ON THE PRACTICE OF EXEMPTION FROM CRIMINAL RESPONSIBILITY WITH THE APPOINTMENT OF A JUDICIAL FINE: THE PROBLEM OF LAW ENFORCEMENT

Abstract

In this scientific research, the author considered the issues of law enforcement of the new for the Russian legislation grounds for exemption from criminal liability — judicial fine. This legal institution is designed to humanize the criminal law, to encourage persons who have committed a crime to make amends themselves, to embark on the path of correction without a court’s sentence. The statistics of application of a judicial penalty, the judicial practice of various regions of Russia on the application of this legal mechanism, a definition of a concept of Institute of release from criminal liability is presented in the article. Because of the ambiguity of the text of the law of rather obligatory application of a judicial fine if necessary conditions exist, special attention is paid to this problem. Are law enforcement officers obliged to exempt the person from criminal liability if all criteria correspond to the law? It seems that this problem demands a close examination. The author notes that at this stage there are contradictions in practice of application of the new bases for release from the criminal liability provided by article 76.2 of the Criminal Code of the Russian Federation. For example, differently, the problem of imposing of a judicial penalty to people whose actions are characterized as unfinished crime is solved. In a situation where the person hasn’t received a crime subject of the reasons out of his control, the refusal to impose a judicial fine, apparently, doesn’t achieve main goals for which this mechanism has been entered by the legislator. But it is relevant, only if the purposes of criminal law and the purpose of punishment are reached.