Topical Issues of Court Fine Application

The article analyzes the application of the norms of the current criminal law and criminal procedural legislation that govern exemption from criminal liability in connection with the appointment of a measure of a criminal-legal nature in the form of a court fine.
The author reveals procedural issues of applying a court fine if the court has the opportunity to terminate a criminal case on the base of the fact of compensation for damage caused by the crime, commensurate with the consequences of the criminal act, and compliance with the conditions for applying a measure of a criminal law nature instead of imposing a certain type of criminal punishment.
Based on the results of studying the materials of criminal cases, the author expressed an opinion on the ambiguous approach of the courts to assessing the sufficiency of the actions of the guilty person to compensate for damage and make amends for the harm caused by the crime, as a condition for release from criminal liability, which are determined by the courts in conjunction with the presented data on the personality of the person brought to criminal liability. As a separate aspect, attention is focused on the problematic aspects of determining by the courts the fact of loss of public danger by the guilty person when committing crimes with a formal composition in the absence of a victim, when as a result of an unlawful act, harm is caused to society and the state.