Year: 2021
Type: article
Abstract: The article is devoted to the judicial fine, which was fixed in the Criminal Code of the Russian in July 2016 (Article 762 , Chapter 152 of the Criminal Code of the Russian Federation). The content of these normsnovels indicates a deviation of the legislator from the postulates developed in the science of Soviet criminal law on the essence of criminal responsibility and other measures of a criminal legal nature. This points to the need for an in-depth doctrinal study of the judicial penalty. The purpose of the work is to determine the essence of the court fine and its place in the design of the normative legal act. In the course of the study, it is concluded that a court fine is actually a measure of criminal liability. It follows from this that the consolidation of the legal phenomenon under consideration in the section devoted to other measures of a criminal legal nature can be considered a violation of the logic of structuring and unifying the provisions of a normative act. The conclusion scientifically substantiates the affiliation of the judicial fine to the institution of exemption from punishment and its consolidation in Chapter 12 of the Criminal Code of the Russian Federation.
Author: S.A. Korneev
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W3208047892