Legal regulation of fines

Abstract

The article outlines the problems of fines, installments of unpaid fines or replacement of fines in the form of community service, correctional labor or imprisonment, and analyzes the peculiarities of prosecution for evasion.

The legal regulation of the fine in Ukraine is in need of reform and improvement. It is necessary to amend the legislation in order to eliminate inaccuracies and inconsistencies. First, in order to harmonize legislation it is necessary to define definitively whether the enforcement of a penalty is a function of the criminal enforcement inspection (Article 26 of the Criminal Executive Code of Ukraine), the authorized bodies of probation or it is even more expedient to return the execution of punishments in the form of fines of the State Executive Service of Ukraine. Secondly, it is necessary to amend the Criminal Code of Ukraine, namely to remove the word «sentence» from part 5 of Art. 52 of the Criminal Code of Ukraine and replace it with a broader concept of «decision». In such a case, disputes over liability for evasion imposed by a court order will be eliminated. Thirdly, it is appropriate to provide for legal grounds and powers to collect information by the body that is obliged to file a lawsuit against a convicted person who has failed to pay a fine in a timely manner, which would help the court to make a rational decision on the possibility of using other types of punishment. In addition, it is necessary to improve the order of fines as additional penalties: to supplement Art. 26 of the Criminal Executive Code of Ukraine, Art. 536 of the Code of Criminal Procedure of Ukraine on the possibility of delaying punishment in the form of a fine