Dissolution of criminal prosecution with the appointment of a court fine: problems and prospects for development
The article examines some problems of the institution of judicial fines in the Russian criminal and criminal procedure legislation. The author notes the importance of this institution, its relevance in judicial practice, the consistent growth in recent years in the number of stops of criminal prosecution in connection with the application of a court fine. Among the most acute problems of the institution of a court fine, the issues of its correlation with the related institution of reconciliation with the victim, the legal nature of the court fine, etc. are considered. The objective possibility of exemption from criminal liability and termination of criminal prosecution for all (without exception) crimes of small and medium gravity is especially critically evaluated. It is stated that the application of a judicial fine requires taking into account the nature of the crime committed in order to selectively approach the solution of this issue in each specific case. The author also concludes that the application of the provisions regulating the imposition of a court fine and the subsequent termination of criminal prosecution is the right of the court, and not its duty. Drawing attention to the need to improve the institution of judicial fines, the author has developed specific proposals and formulated the wording of criminal and criminal procedure norms that are subject to change. Goal. To study the problems of termination of a criminal case with the appointment of a court fine, to identify the imperfections and shortcomings of the norms of the institution of a court fine, to suggest ways to fill in the gaps and eliminate the shortcomings of this institution. In the course of research activities, a whole complex of scientific methods was used, among them: historical, the method of formal legal logic, comparative, sociological and statistical methods (surveys, study of documents, materials of criminal cases, generalization and analysis of judicial statistics, etc.). Scope of the results. The obtained results can be used in law-making activities in the development of draft laws, in judicial and investigative practice on the implementation of the norms of the institute of judicial fines, in the process of teaching criminal cycle disciplines in educational institutions.