Komarnytskyi O. The legal nature of the institution of a judicial fine as another measure of a criminal-legal nature: theoretical and comparative research

The dissertation is devoted to a comparative study of a court fine as another measure of a criminal law nature. The author gives a description of the institution of a court fine under the laws of foreign countries, special attention is paid to the Russian Federation, criminal law which is most similar to Ukrainian. It is pointed out that modern criminal law reproduces its original legal categories, provisions, grounds, reasons and practical measures related to the possibility of releasing the offender from criminal liability, for the crime committed by him. In particular, this provision is reproduced within the legal range of substantive provisions on the grounds, causes, conditions and procedure for releasing the offender from criminal liability for the crime committed by him as a result of the court's obligation to pay a fine. The author emphasizes that the issues of release of a person from criminal liability in connection with the application of a court fine are considered only at the sectoral level - in the theory of criminal law and procedure. The lack of visible progress in the theoretical and legal research of the court fine leads to an increase in scientific interest in the effectiveness of this legal means of ensuring law and order. Due attention has not been paid to the development of a unified scientific and legal concept of exemption from criminal liability in connection with the application of a court fine. This, of course, influences the effectiveness of law enforcement practices. The value and urgency of introducing into the criminal legislation of Ukraine such another measure of criminal law nature as a court fine is summarized.