SOME ISSUES OF THE EXEMPTION FROM CRIMINAL LIABILITY WITH THE IMPOSITION OF A COURT FINE

In 2016, a new criminal law measure in the form of exemption from criminal liability with the imposition of a court fine was introduced in the Criminal Code of the Russian Federation. This measure is complex and multilateral, and some gaps in its regulation have become apparent: the concept and attributes of the exemption from criminal liability with the imposition of a court fine are not defined; the order of the fine imposition for several crimes in aggregate is not provided; the possibility of deferment or installment when imposing a court fine is not considered, etc. The study aims at the analysis of mentioned gaps of legal regulation of the institute of exemption from criminal liability with the imposition of a court fine. The authors analyzed the appropriateness of using the term “a court fine”; specified the place of this penalty among other categories with similar names; considered the procedure of identifying the minimum amount of a fine imposed by the court and its amount when imposing it for several crimes in aggregate; developed the provisions of deferment and installment of the court fine payment, and described the conditions when it is possible to exempt a person from criminal liability with the imposition of a court fine in the case a victim protests again a compensation of damage. The provisions offered by authors determine the novelty of this study as this institute previously was not a subject of comprehensive research concerning the problems of its legal enforcement.