graduate student from 01.01.2022 until now
The article is devoted to the urgent problem of improving the procedure for imposing monetary penalties in criminal proceedings at the stage of pre-trial proceedings. The author conducts a detailed analysis of the current procedure for the application of monetary penalties established by Article 118 of the Criminal Procedure Code of the Russian Federation, highlighting three main stages of its implementation: the identification of the fact of a criminal procedure offense by authorized persons, the preparation of a protocol on the offense with the formation of the necessary evidence base and the subsequent transfer of this protocol to the court for a final decision. Special attention in the study is paid to the problem of the correlation of constitutional guarantees for the protection of property rights of citizens and organizations with the requirements of the procedural effectiveness of law enforcement. The article substantiates the need to transform the existing order by giving interrogators and investigators the authority to independently impose monetary penalties while maintaining the court's control function in case of disputed circumstances. The model proposed by the author is aimed at simplifying the procedure for applying this measure of procedural coercion while maintaining the necessary balance between the public interests of justice and the rights of participants in criminal proceedings, which should help improve the efficiency of pre-trial proceedings
monetary penalty, criminal proceedings, criminal procedural offense, sanction, procedural duties
1. Rezyapov A. A., Kaminsky A. M. Proceedings on a monetary penalty imposition in the criminal proceeding. Bulletin of Udmurt University. Series "Economics and law", 139—141, 2015. (In Russ.).
2. Obraztsov S. V., Yeliseyeva O. A., Zvyagin V. A. Aspects to take other procedural enforcement measures. Law and State: Theory and Practice, 100—104, 2018. (In Russ.).
3. Kuzovenkova Yu. A. Factual and formal grounds to implement a monetary penalty. Vestnik of the Samara State University, 189—194, 2009. (In Russ.).
4. Sharayeva Ya. A. Problematic issues to take enforcement measures in form of a monetary penalty in criminal proceedings. Yurist-Pravoved, 149—153, 2020. (In Russ.).
5. Yesina A. S., Makeyeva N. V., Borbat A. V. Investigator activities to take enforcement measures in form of monetary penalties to participants in criminal proceedings. Russian Investigator, 21—25, 2021. (In Russ.).
6. Gromov N. A., Polunin S. A. Sanctions in the criminal and procedural law of Russia. Moscow: Gorodets; 1998: 152. (In Russ.).
7. Kudrina Ye. V. Monetary penalty in the criminal proceedings of Russia. Vestnik of the Saint Petersburg University of the MIA of Russia, 82—85, 2010. (In Russ.).
8. Karimova S. S. The power to impose a monetary penalty is to be granted to the interrogator and investigator. Legal Science and Law Enforcement Practice, 111—119, 2015. (In Russ.).
9. Lyga A. P. Proceedings on imposition of a monetary penalty. Vestnik of the Siberian Law Institute of the MIA of Russia, 42—24, 2023. (In Russ.).
10. Poznyshev S. V. Elementary textbook of the Russian criminal procedure. Moscow: G. A. Leman; 1913: 329. (In Russ.).
