Issues of determining the conditions for the termination of a criminal case in relation to the imposition of a court fine

Автор: Garipov Timur Ilgizovich, Pozdyshev Roman Sergeyevich

Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd

Рубрика: Уголовно-правовые науки

Статья в выпуске: 4 (50) т.13, 2022 года.

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Introduction: the article highlights current issues of definitions of conditions for an end to terminate criminal proceedings in relation to the appointment of a criminal sanction - legal penalty. Court practice on possible forms of making amends in this category. Materials and Methods: in the study the authors used main traditional scientific methods for the cognition of state and legal reality. The most effective were methods of statistical and systemic analysis of law enforcement practices on the examined area has been criticized. Results: within the framework of this study, the authors analyzed the practice of applying the provisions of criminal and criminal procedure legislation by courts on exemption from criminal liability in connection with the imposition of a court fine. The features of the methods of compensation for damage and compensation for harm as an indispensable condition for the termination of a criminal case on the specified basis were determined. The authors’ position on the practice of determining by courts permissible forms of compensation for harm upon termination of a criminal case with the imposition of a court fine in criminal cases of crimes whose object of encroachment is the public interests of society and the state is substantiated. Discussion and Conclusions: in the conclusion of this article, the authors formulates some proposals for improving law enforcement practice in determining the conditions for the termination of a criminal case with the imposition of a court fine. It is pointed out that it is unacceptable to ignore the public interests of society and the state when determining the method of compensation for the harm caused by the crime, as well as the features of the object of criminal protection, in respect of which a criminal offense was committed.

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Judicial fine, termination of a criminal case, exemption from criminal liability, compensation or damage, compensation for damage

Короткий адрес: https://sciup.org/142236718

IDR: 142236718   |   DOI: 10.37973/KUI.2022.36.72.010

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