On the question of the concept and consequences of malicious evasion from paying a fine

The article raises the problem of the execution of punishment in the form of a fine. Relying on various points of view of specialists, the author draws attention to the fact that both in theory and in judicial practice, the concept of malicious evasion of payment of a fine is interpreted differently. The issue of consequences of nonpayment of the fine remains unresolved today, namely, it is noted that in some cases it is impossible to replace the fine with another punishment. As a result of the conducted research, the author makes some recommendations for possible further improvement of the legislation. It is proposed to take into account the reasons for such behavior of the subject when establishing the “malice” of evading the payment of a fine, fixing it at the legislative level; to provide for the possibility of compulsory collection of a fine imposed as the main punishment, and in case of impossibility of such a penalty, to allow its replacement with imprisonment.