Evasion from Payment of a Fine: Problem Aspects of the Issues of Criminal Enforcement and Criminal Procedure

• Authors: Kateryna Osadchuk Mykhailivna

Abstracts

EN

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.

Keywords

EN

punishment; probation body; criminal executive inspection; punishment enforcement; voluntary payment of a fine

• Publisher: Wydawnictwo Adam Marszałek
• Journal: Krakowskie Studia Małopolskie
• Year: 2020
• Volume: 1(25)
• Pages: 37-46

Dates

published

2020

Contributors

author

Kateryna Osadchuk Mykhailivna

• Lviv State University of Internal Affair

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.
• Criminal Procedure Code of Ukraine: Law of Ukraine of April 13, 2012, No 4651-VI. Retrieved from: https://zakon.rada.gov.ua/laws/show/4651-17#Text.
• Criminal Executive Code of Ukraine: Law of Ukraine of July 11, 2003 No 1129- -IV. Retrieved from: https://zakon.rada.gov.ua/laws/show/1129-15#Text.
• On the State Criminal Executive Service of Ukraine: Law of Ukraine of June 23, 2005 No 2713 - IV. Retrieved from: https://zakon.rada.gov.ua/laws/show/2713-15#Text.
• 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.
• Yakovlev, V.F. (1973), Realizatsia prava i otraslevye metody pravovogo regulirovania. Problemy primenenia sovetskogo prava. [Enforcement of the right and branch methods of legal regulation. Problems of application of the Soviet law], no. 22.

Identifiers

DOI

10.15804/ksm20200103

Biblioteka Nauki

1931302