A Fine as a Type and Measure of Punishment for Unconditional Crimes of Corruption

The paper examines a fine as a type of criminal punishment and a measure of a criminal legal nature in relation to corrupt practices. Unconditional crimes form a «core» corruption crime, which is considered to be the primary object of the state anti-corruption policy. A brief historical insight and analysis of changes in the modern criminal legislation of the Russian Federation related to the introduction of new types of fines — multiple and court, allowed us to identify the main trends in anti-corruption policy. A multiple fine is fully consistent with its spirit and goals, therefore it can be considered as an indicator of its further development. The paper presents and vividly demonstrates the results of a study of judicial practice regarding the application of various types of fines for unconditional corruption crimes for the period 2019–2023, the results of a survey of convicted respondents and judges during a criminological study conducted by the author as part of an interregional research team in 2018–2020. It is shown that the legal norms governing the type, method of calculation and the amount of the fine are quite flexible. Gaps in legislation have been identified related to the types of punishments and ways to determine their amounts in the sanctions of the analyzed articles, with various types of fines and options for calculating them, and with the lack of clear criteria for replacing fines with other types of punishment. The difficulties in imposing a fine by a law enforcement officer are shown. The lack of uniformity in judicial practice has been demonstrated, which does not fully achieve the objectives of the fine. The conclusion is made about the insufficient effectiveness and preventive function of the fine. The proposals aimed at eliminating gaps in legislation are substantiated.

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