Prevention of new crimes as the goal of the institution of a judicial fine

The task. Since 2016, the criminal legislation of the Russian Federation contains a new basis for exemption from criminal liability - a judicial fine. Practice everywhere uses this basis, but in three years of application, the range of problems that are considered in the doctrine has significantly expanded. This is due to the complex legal nature of the court fine and, consequently, insufficient legislative regulation. The criminal law does not define the purpose and social significance of exemption from criminal liability with the appointment of a judicial fine, which entails gaps in the application. To ensure that the study is comprehensive, it is necessary to address doctrinal problems and consider them from a practical point of view. Conclusions. The authors conclude that the legislative measures currently available are not sufficient to fully regulate the court fine. The author's version of article 76.2 of the criminal code of the Russian Federation and changes in criminal legislation is proposed. Practical significance. The application of the proposals specified in the work will bring the purpose of the criminal law into line with the purpose of the institution of a judicial fine. It is believed that there will be an increase in private prevention, which will lead to a decrease in the Commission of crimes. Social consequences. The study forms an idea of the institution of a judicial fine as a new way to legally avoid punishment. Knowledge of this type of exemption from criminal liability will allow you to formulate proposals for improving criminal legislation to increase the private-preventive potential of the institution of a judicial fine. This will activate the mechanisms of criminal legal influence on the perpetrator and reduce the likelihood of repeated or pre-trial release from criminal liability with the imposition of a judicial fine. Originality / value consists in using a formal legal approach in the study of rules on exemption from criminal liability with the appointment of a court fine, which allows us to consider the problems of application and draw conclusions necessary for further improvement. The paper offers original author's conclusions about ways to strengthen the preventive potential of the institution of a court fine, the application of rules with administrative prejudice, the size, timing and procedure for paying a court fine.

judicial fine, private prevention, dual nature, exemption from criminal liability, prejudice