Legal Regulation of the Execution of a Fine

Abstract

А court fine is characterized not only by criminal law features as a measure of criminal law and procedural order, but also by special rules for its execution. Based on the Federal law "On Enforcement Proceedings" the article examines the functions of bailiff and persons released from criminal liability under Article 762 of the Criminal Code of the Russian Federation. Using case materials the author considers the rules for determining terms of payment of court fines. It is concluded that, given the time limit for the court decision to become effective and to enable the appeal period, the term should be limited by the number of days starting from the date of the court decision becoming effective but not the set due date. The author analyses the differences between a court fine and a fine as a criminal penalty. The author suggests that the court ruling should first explain the obligation to provide information about the payment of court fines to the discharged person, then the consequences of non-payment. Based on the conditional nature of this type of exemption from criminal responsibility the process of evasion from a court fine is considered. It is argued that the failure to pay a court fine should definitely, irrespective of the causes of deviation, lead to the abolition of the exemption from criminal responsibility. The author suggests regulating the execution of a court fine not by the Federal Law "On Enforcement Proceedings" but by the Penal Code of the Russian Federation.