A fine as a criminal penalty in the case of bankruptcy of a citizen
Автор: Dubets E.K., Stupina S.A.
Журнал: Вестник Сибирского юридического института МВД России @vestnik-sibui-mvd
Рубрика: Теория и практика правоохранительной деятельности
Статья в выпуске: 2 (31), 2018 года.
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On the basis of the study, evaluation and generalization of the current provisions of the bankruptcy law, the authors of the article study "a fine" as a type of criminal penalty for a crime, in order to qualify it in the case of bankruptcy of a citizen and the possibility of including debt on such a fine into the register of creditors' claims. At the same time, the authors emphasize that such a fine in its legal nature is intended to realize in material form the inevitability of the com-pulsory influence of the state on the person who committed the crime. All types of criminal punishment are provided for exclusively by the Criminal Code of the Russian Federation. The norms of the Criminal Code of the Russian Federation are special ones in relation to any other legislation and can not be changed by the norms of other branches of law, as well as they can not be changed in the procedure of bankruptcy. It is specially noted, that for the modern law enforcers the issue of the possibility of releasing a citizen from obligations in the framework of his bankruptcy is controversial. In the opinion of the authors, the inclusion of a fine imposed by the court into the structure of such obligations leads to the unreasonable extension of the Criminal Code of the Russian Federation and violates the principles of the legal system of the Russian Federation.
Bankruptcy of a citizen, fine, criminal penalty, manda-tory payments, the creditors'' register
Короткий адрес: https://sciup.org/140230035
IDR: 140230035