Evasion from Payment of a Fine: Problem Aspects of the Issues of Criminal Enforcement and Criminal Procedure
- Institution: Lviv State University of Internal Affair
- ORCID: https://orcid.org/0000-0002-5112-4666
- Year of publication: 2020
- Source: Show
- Pages: 37-46
- DOI Address: https://doi.org/10.15804/ksm20200103
- PDF: ksm/25/ksm2503.pdf
General short summary of the main content of the article. The problem of evasion from a fine payment as a type of punishment under the laws of Ukraine has been studied in the article.
In Section 1 “Fines payment controlling authorities” the criminal laws in the field of punishment enforcement, namely their authorities, have been analyzed. A large number of gaps in the laws and regulatory legal acts have been identified and solutions have been proposed to address them.
In Section 2 “Evasion from payment of a fine”, the legal aspects of a fine payment evasion as a criminal offence have been considered; an analysis of various laws and constitutional rights of a sentenced person have been made; and it has been determined that if a sentenced to a fine person has not voluntarily paid the fine during two years, such a person cannot be criminally prosecuted in compliance with Article 389 of the Criminal Code of Ukraine.
Practical significance of the article. The results of the article can be used in determining the policy of Ukraine on the issue of activities of the probation bodies and the possibility of returning the enforcement service of the Ministry of Justice, or consideration of the issue of granting appropriate powers to the probation bodies;
- rethinking the possibility of returning the enforcement of punishment, which in turn will lead to a higher percentage in payment of fines, and replenishment of the state treasury;
- establishment of uniform practice of application of the criminal law norms.
REFERENCES:
- The Supreme Court of Ukraine. Website. Retrieved from: http://www.viaduk.net/clients/vsu/vsu.nsf/(documents)/48BFC83431AD5513C2257F480026ED5D?OpenDocument&Highlight=0,389.
- The Constitution of Ukraine: as amended in accordance with the Law of Ukraine of December 8, 2004 No 2222-IV. Retrieved from: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#.
- Criminal Code of Ukraine: Law of Ukraine of April 5, 2001, No 2341-III. Retrieved from: https://zaкon.rada.gov.ua/laws/show/2341-14.
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- On approval of the Procedure for execution by the authorized bodies on issues of probation of court decisions on imposition of punishment in the form of a fine: Order of the Ministry of Justice of Ukraine; Procedure, Journal, Form of a standard document, Notification, Case, Reference dated April 27, 2018 № 1301/5. Retrieved from: https://zakon.rada.gov.ua/laws/show/z0544-18#Text.
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voluntary payment of a fine punishment enforcement criminal executive inspection probation body punishment