The grounds and conditions for releasing from criminal liability with imposing a court fine in theoretical and applied contexts
The article considers the conditions and grounds for a new type of release from criminal liability - with imposing a court fine. The author analyses the judicial practice of applying Article 762 of the Criminal Code of the Russian Federation and deals with different various points of view of specialists in criminal science on the application of these norms. Taking into account different opinions of theorists and practitioners, the article makes an attempt to evaluate the application of Article 762 of the Criminal Code of the Russian Federation within the framework of the current legislation of the Russian Federation and concludes that it is necessary to amend the provisions regulating release from criminal liability with imposing a court fine. The author proposes the following ways of improving this new criminal law institution: 1) there should be some quantitative restriction on the application of Article 762 of the Criminal Code to the same person; 2) the legislator should exclude the application of the studied norms in some criminal cases; 3) Article 762 of the Criminal Code of the Russian Federation in cases of committing crimes when those who have committed crimes do not have any objective possibility of damage compensation or mitigation due to the objective side of a crime - the absence of socially dangerous consequences.