STATE OF RESEARCH THE SCIENTIFIC DEVELOPMENT OF PROBLEMS OF A FINE AS A TYPE OF MINORS’ PUNISHMENT
Author (s): Mytska O.I.
Work place:
Mytska O.I.,
Ph.D. in Law, Head of the Department of Legal and Special Training
Territorially Separate Branch Territorially separated branch “Kamianka branch of the Academy of the State Penitentiary Service”,
Kamianske, Ukraine
ORCID: 0000-0003-4621-8809
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2021. № 2 (10): 63-77
https://doi.org/10.32755/sjcriminal.2021.02.063
The article is dedicated to the analysis of the state of research the scientific development of problems of a fine as a type of minors’ punishment. The author draws attention to the fact that the level of scientific research of a fine seems to be insufficient. It is pointed out that modern Ukraine needs to create and improve criminal law institutions that would be able to solve modern problems, one of which is to review the peculiarities of criminal responsibility and punishment of juvenile offenders. The topical issue is juvenile delinquency, which is a burden both for families, the competent authorities that control these issues, victims of this type of crime, and for society as a whole. At present, the criminal legislation introduced by the Criminal Code of 2001 has a special section, which, unfortunately, does not reflect today’s realities, and therefore is not able to prevent the growth of juvenile delinquency fully due to a number of problems. One of such problems is using of certain types of punishment, including fines. In the theory of criminal law, the issue of fine applied to minors is one that needs to be studied thoroughly. In most scientific papers of different scholars, the emphasis is on the system of punishment. At the same time the analysis of individual species is ignored. To date, the following issues remained unsolved: the establishment of the most adequate amount of a fine that can be applied to a juvenile offender will remain open; emphasis on the expediency of applying alternative fines to adolescents who have committed socially dangerous acts; formulation of an objective definition of a fine as a type of punishment for a minor; expediency of application of property types of punishments to teenagers; compliance of the domestic system of property penalties with international legal standards, etc. It is indicated that a fine is a minimally repressive measure of punishment against both adults and juvenile offenders that allows to differentiate the criminal law impact depending on the severity of the act committed.
Key words: own income, minor, punishment, fine, criminal legislation, criminal responsibility, criminal offense, property punishment, forfeiture of pay, compensation for damages.
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