RELEASE FROM CRIMINAL RESPONSIBILITY WITH IMPOSING A JUDICIAL FINE: THEORETICAL AND APPLIED PROBLEMS (ON THE EXAMPLE OF THE CRIMES RELATED TO IMPLEMENTING SPECIAL TYPES OF ENTREPRENEURIAL ACTIVITY)
Abstract and keywords
Abstract:
A judicial fine to be fixed in the Criminal Code of the Russian Federation in 2016 should be considered an innovation among the measures of a criminal and legal nature. The changes made into Sections IV and VI of the Criminal Law determined a serious controversy that unfolded in the scientific community and divided the scientists into two opposing points of view, i. e. supporters and opponents of existence of provisions related to a judicial fine. In addition, any legislative innovation not only causes active discussion but also often leads to emergence of difficulties of a law enforcement nature. Based on the comprehensive study of the established positions of the scientists and the results of the analysis of applying the provisions on a judicial fine while trying criminal cases on the crimes related to special types of entrepreneurial activity by the courts, the author of the given article focuses on existing problems. The author also formulates certain proposals to eliminate the mentioned problems by amending Art. 1045 of the Criminal Code of the Russian Federation as well as to form a uniform judicial practice to make decisions related to release from criminal responsibility with imposing a judicial fine.

Keywords:
other criminal and legal measures, release from criminal responsibility, crimes related to special types of entrepreneurial activity, aggregate of crimes, a judicial fine, criminal responsibility
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