A Court Fine as a New Criminal Law Measure
According to the Federal Law «On Changes in the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation regarding the Improvement of the Basis and Procedure of Exemption from Criminal Liability» of July 3, 2016 № 323-ФЗ the Criminal Code of the Russian Federation was supplemented by Art. 76.2, which provides a new ground for exemption from criminal liability - a court fine. Although the practice of exempting from criminal liability by imposing court fines is at present rather modest due to the relative novelty of such an institute, there appear to be certain difficulties in the enforcement of this legal norm. The paper analyzes Art. 76.2, 104.4 and 104.5 of the Criminal Code of the Russian Federation. The authors describe the essence of a court fine as an alternative criminal law measure and point out the flaws and inaccuracies in the Resolution of the Plenary Session of the Russian Federation Supreme Court «On the Use of Legislation Regulating the Basis and Order of Exemption from Criminal Liability by Courts» of June 27, 2013 No 19 (in the edition of the Resolution of the Plenary Session of November 29, 2016 No 56) that appeared in connection with the introduction of this new institute. The authors also draw attention to the conditions of exemption from criminal liability by imposing court fines, including the cases when it cannot be enforced, which require a legislative solution. They present arguments to support their conclusion that the imposition of a court fine is not a right, but a legitimate interest of the guilty person. The authors also offer some ideas on specifying the fine payment schedule and size, including its imposition of minors.