Issues of Improving the Institution of Judicial Fine

The purpose of this article is to consider issues of improving the institution of a judicial fine in the Russian criminal law. The authors consider the similarity in name with other institutions and the direct connection with the provisions of Article 46 of the Criminal Code of the Russian Federation. The authors present different views on the conceptual apparatus of the problem under consideration and its limitation from similar definitions in the field of civil procedure, and also make proposals to change the name for a clearer differentiation. The prospects for reforming the judicial fine in the context of improving criminal legal mechanisms are discussed.

Conclusions: It is proposed to establish restrictions on exemption from criminal liability in connection with the imposition of a court fine and the termination of criminal prosecution. These restrictions are proposed to be extended not only by category of crime, but also by the object of the crime, as well as by the nature and degree of public danger. That is, it is proposed to exclude the possibility of applying a judicial fine for certain crimes provided for by individual articles of the special part of the Criminal Code of the Russian Federation.