The study examines the theoretical and applied issues of enforcement of criminal penalty in the form of a fine. Based on statistical data the article analyzes the problems of the execution of the fine related to the legal regulation of it as a form of criminal punishment as well as the application in judicial practice of the Russian Federation and the Republic of Mongolia. The effectiveness and enforceability of the fines imposed as the primary or secondary punishment are disclosed. The author of the article suggests possible solutions to the identified theoretical and applied problems of modern criminal and penal law. According to the author’s opinion despite the fact that the share of the fine in the total mass of punishments is small, the number of fines imposed by the courts for crimes is quite high. At the same time the number of fully executed documents for the collection of fines is low, which indicates the ineffectiveness of the criminal liability measures for crimes committed by the courts. The study notes that the type of crime for which the punishment is imposed does not significantly affect the problem of the enforceability of punishment. However, according to the author, it should be borne in mind that for some crimes, for example corruption, the amount of the fine is quite high compared to fines for other crimes. The result of the study was a scientifically based concept for improving the institution of punishment in the form of a fine in criminal and penal legislation. The author proposes that it is necessary to increase the term for the payment of the fine from 60 to 90 days due to its low voluntary execution, and when it is appointed as an additional punishment and malicious evasion of payment, it should be replaced by a restriction of freedom. If the convicted person does not have the opportunity to pay the fine at one time, the court at his request must provide an installment plan for the payment of the fine for up to three years.
Keywords: fine; criminal penalty; execution and serving of sentences; convicted
persons; criminal and penal legislation
Senior Specialist of the Department of Administrative Management of the Main Department of Judicial Decisions of Mongolia, Ulaanbaatar, Mongolia, Adjunct of the Omsk Academy of the MIA of Russia, Omsk, Russian Federation.
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1. Zajnulabidova S. T. SHtraf kak ugolovnoe nakazanie i problemy ego primeneniya. Avtoref. diss. kand. yurid. nauk [Fine
as a criminal punishment and problems of its application. Author’s abstract of the diss. PhD. in Law]. Makhachkala, 2006.
26 p. (In Russ.).
2. Modestova N. G. Problemy zakonodatel’nogo zakrepleniya i pravovogo regulirovaniya naznacheniya i ispolneniya
ugolovnogo nakazaniya v vide shtrafa v Rossii i Francii. Diss. kand. yurid. nauk [Problems of legislative consolidation andlegal regulation of the appointment and execution of criminal penalties in the form of a fine in Russia and France. Diss. PhD.
in Law]. Krasnoyarsk, 2005. 205 p. (In Russ.).
3. Stanovskij T. N. Naznachenie nakazaniya [Assignment of punishment]. St. Petersburg, 1999. 480 p. (In Russ.).
4. Enhtur ZH. Pravila naznacheniya ugolovnogo nakazaniya v vide shtrafa v Rossii i Mongolii [Rules of appointment of a
fine in Russia and Mongolia]. Sbornik statej po itogam Novosibirskogo mezhdunarodnogo yuridicheskogo foruma «Pravo i
ekonomika: nacional’nyj opyt i strategiya razvitiya». V 2 chastyah. CHast’ 2 [Collection of articles based on the results of the
Novosibirsk International Legal Forum «Law and Economics: National Experience and Development Strategy». In 2 parts.
Part 2.]. Novosibirsk, 2019, pp. 167–173. (In Russ.).