On the socially fair system of calculation of fine as a criminal penalty

Abstract

The article analyzes the issue of socially fair system of calculating fines as a criminal penalty, and substantiates the proposal on the feasibility of revising the monetary equivalent in which the fine is calculated, as in Ukraine there is a real need for critical analysis of the latter/
 The author proved that the current monetary equivalent, which calculates the fine in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine, does not meet modern society requirements, introduces a significant imbalance in determining the amount of damage and liability for a criminal offense and does not take into account property (financial and economic) the condition of the perpetrator. It is proposed to take as a basis for a socially just system of calculating the fine the average monthly income of the perpetrator. The average monthly income of the perpetrator should include the amount of wages, pensions or scholarships, cash income from business or other legal activities, income in the form of interest on bank deposits, income from securities, land, real estate and other movable property. Therefore, the amount of the fine for the committed criminal offense will depend on the total income of the offender, will be real and justified given the economic (property) condition of the offender. And, most importantly, given the different wealth and income of individuals in Ukraine, the fine will really correspond to the criminal law content of the principle of justice.
 It is determined that the fine applied to the guilty person must be both tangible on the one hand, and feasible and fair on the other. The fine should have a preventive value in its general and special aspects, rather than repressive and punitive effects. Therefore, to determine its preventive role, it is advisable to establish at the regulatory level an adequate equivalent for its calculation and an amount commensurate with the financial situation of the perpetrator and the criminal offense committed by him. This fair equivalent should be the average monthly income of the perpetrator, the latter is widely used in progressive foreign countries to calculate the fine as a criminal punishment.