Eliminating the Ambiguity of the Criminal Law Nature of the Exemption from Criminal Liability with the Imposition of a Court Fine
( Pp. 163-168)

More about authors
Anoshchenkova Svetlana Vladislavovna Cand.Sci.(Law), Associate professor of the Criminal law, Criminalistics and Criminology Department
National Research Ogarev Mordovia State University
Saransk, Russian Federation Petrikova Svetlana Vasilievna Cand.Sci.(Law), Associate Professor; Head of the Department of Criminal Law
National Research Ogarev Mordovia State University
Saransk, Russia
Abstract:
Objective: developing the proposals aimed at eliminating the ambiguity of the criminal law nature of the exemption from criminal liability with the imposition of a court fine. Model: research methodology consists of general (dialectical, analysis, system-structural) and specific scientific methods (formal-logical, linguistic, modeling, historical, formal-legal); the authors carried out the representative Internet survey. Conclusions: the study proposes the original authors` edition of Art. 76.2 of the Criminal Code of the Russian Federation, which formulates the basis for exemption from criminal liability by paying a certain amount of money; the elimination of the term "court fine" and the concentration of all provisions regarding the exemption from criminal liability in one chapter of the Criminal Code of the Russian Federation could allow to overcome the artificially created ambiguity of the analyzed type of exemption from criminal liability. Research framework: the issue of the legal nature of exemption from criminal liability with the imposition of a court fine is significant both for the study of the General and Special parts provisions of the Criminal Code of the Russian Federation. The regulations of the criminal procedure legislation correlate with the criminal legislation norms on the imposition of a court fine. The criminal procedure law also includes a number of provisions on the enforcement of a court fine and the consequences of failure to comply with it. Social effects: the elimination of ambiguous interpretation of the court fine concept is one of the positive social consequences of improving the relevant legal framework. The research significance / value: the formulation of the issue concerning the elimination of the ambiguity in the definition of the legal nature of exemption from criminal liability with the imposition of a court fine. The study proposes the solution to the problem at the legislative level.
How to Cite:
Anoshchenkova S.V., Petrikova S.V., (2021), ELIMINATING THE AMBIGUITY OF THE CRIMINAL LAW NATURE OF THE EXEMPTION FROM CRIMINAL LIABILITY WITH THE IMPOSITION OF A COURT FINE. Gaps in Russian Legislation, 7 => 163-168.
Reference list:
Abashina L.A., Minakov G.L. Court fine - a novel criminal legislation measure // All-Russian criminological journal. 2018.Vol. 12. No. 2. P. 266-274.
Anoschenkova S.V. Imposition of a court fine: theory and practice // Journal of Russian law. 2017. No. 7 (247). P. 114-125.
Antonov A.G. Is it the basis for exemption from criminal responsibility: Art. 762 of the Criminal Code of the Russian Federation ("Exemption from criminal liability with the imposition of a court fine)"? // Russian justice. 2018. No. 9. P. 17-19.
Vasilenko A.S., Bukalerov S.A., Gaintseva N. S., Serous, A.V. General Provisions of the Mediation Institution in Criminal Proceedings of European States // Lecture Notes in Networks and Systems. 2021. Vol. 200. P. 906-913.
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Keywords:
criminal liability, exemption from criminal liability, court fine, penalty, punishment, legal relationship, legal nature, the criminal legislation measures.


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