Improvement of Fine in the Draft of the Law of Ukraine «On Amendments to Several Legislative Acts Ukraine on Introducing Criminal Offenses»
Keywords:
punishment, humanization of punishment, fine, imprisonment, alternative to imprisonment
Abstract
This article analyzes the draft of the law No. 2897 dated June 3, 2016 «On amendments to several legislative acts of Ukraine on introducing criminal offenses», aimed at implementation of state policy on humanization of criminal responsibility. The positive trends on the expansion of the scope of punishment other than imprisonment is specified. The need for the approval of the abovementioned processes promoting humanization of criminal responsibility by reducing both the number of persons who have a withdrawn or canceled conviction, and people who will be imprisoned, is indicated. The gaps in the abovementioned draft in terms of the use of fines as main and additional penalty, namely the lack of clarity in determination of a fine, no limitations of usage of a fine as an additional punishment, lack of guidance on the application of fines for committing serious or especially serious crimes against property are discussed. The appropriateness of considering the determination of fines establishment and their deduction is stated. The disproportion of sizes of some of the proposed penalties in conversion of the sentence in the form of a deferred fine and other penalties is also stated: one fine rate is equal to one day of arrest or two days of confinement or one day of imprisonment. It is proven that in the mentioned wording of the proposed norms, both arrest and imprisonment for a certain period have the same degree of severity, which can not be recognized as expedient and consolidated in the provisions of the Criminal Code. It is emphasized that reduction of the types of punishment in alternative sanctions and bringing them to one punishment in the form of a fine would contradict the principle of punishment individualization. A logically grounded application of a fide may be a part which for many people released from prison will make the return to normal life actually possible.Downloads
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How to Cite
[1]
Mostepaniuk, L. 1. Improvement of Fine in the Draft of the Law of Ukraine «On Amendments to Several Legislative Acts Ukraine on Introducing Criminal Offenses». Scientific Herald of the National Academy of Internal Affairs. 105, 4 (1), 50-57.
Issue
Section
Legal regulation of law enforcement
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