APOLOGIES AS A KIND OF RIGHTING A WRONG CAUSED BY THE CRIME AT IMPOSITION JUDICIAL FINE
Termination of a criminal case on the grounds provided for in Art. 76.2 of the Criminal code, possibly under the condition that after the commission of the crime the accused took active measures aimed at restoring the legitimate interests of the individual, society and the state violated as a result of the crime. At the same time, in the descriptive part of the ruling, the court must indicate, as a result of which post-crime actions of the perpetrator, the public danger of the person has significantly decreased and for what reasons it is not advisable to bring him to criminal liability. Compensation for damage or other compensation for the harm caused by the crime is the most important statutory condition necessary for exemption from criminal responsibility with the appointment of a judicial fine. In practice, such a form of smoothing out of harm as an apology has spread, which is considered by the courts as the basis for imposing a judicial fine. Based on the study and analysis of judicial practice, based on the results of the study, some proposals were formulated on improving legislation, in particular, on the need for a legislative definition of the concept, content, elements of bringing apologies in criminal proceedings, conditions and procedures for apologies, actions of the court in case of non-acceptance of apologies.