Fine in the System of Punishments for Crimes against Property and Some Issues Related to the Enhancement of Its Effectiveness

• Main Authors: IRINA V. AZAROVA, IVAN V. DVORYANSKOV
• Format: Article
• Language: English
• Published: Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia) 2020-12-01
• Series: Пенитенциарная наука
• Subjects: property; fine; court imposed fine; punishment goals; punishment effectiveness
• Online Access: https://jurnauka-vipe.ru/media/filer_public/5e/26/5e26f93b-ef54-467b-b935-2e91a6a395bc/ps_tom_14_4_azarova_ia_dvoryanskov_iveng.pdf
• ISSN: 2686-9764; 2782-1986

The article analyzes the place and role of fines in the system of criminal penalties and looks intosome trends in its establishing by the legislator and application by the court. We investigate property protection issues that have always been in the focus of attention of legislators and legal science and that have never lost their relevance, because they relate to the inviolable vital interests of an individual, society and the state. In the framework of the topic under consideration, we undertake to explain our viewpoint on three basic terms: “fine”, “property” and “punishment effectiveness”. We conclude that property should be considered (among other things in the establishment ofthe elements of a crime) as a complex multifaceted phenomenon associated with ensuring the security of individuals, society and the state from various threats, including those of an intangible nature. We analyze fine as a penalty and fine imposed by the court as a criminal law measure in the aspect of legal regulation and application practice.We carry out comparative analysis of the rules on the protection of property and the application of penalties in the form of a fine for encroachment upon it on the example of the criminal legislation of the Republic of Belarus.As a result, we conclude that the importance of fine in the structure of penal sanctions is increasing; we note that there is a trend to increase the use of a court imposed fine as an exemption from penal sanctions. At the same time,we point outthat this approach used bylegal professionals does not fully fit in with the legally established principle of social justice as the goal of punishment.Crimes against property should be considered as a threat not only to property, but also to the life and health of people (Article 162 of the Criminal Code of the Russian Federation), moral, spiritual and other values of an individual and society. We believe this approach should be used both in legislative and law enforcement practice, including cases of applying a court imposed fine.