A FINE AS A TYPE OF CRIMINAL LAW MEASURE AGAINST LEGAL ENTITIES

Abstract

The purpose of the article is to identify and resolve the theoretical and practical issues of application of a fine as a criminal law measure against legal entities, to summarize and analyze them, and to make proposals for overcoming the gaps in national legislation and its application practice. Research methods is the interpretation method, which allowed the author to clarify the content of a fine as a criminal law measure against legal entities, and the comparative method when distinguishing it from a fine as a form of punishment. Results of the study, the author has formed a vision of the application of a fine to legal entities in case of a criminal offense committed by an authorized person on behalf of or in the interests of a legal entity. The article discusses the theoretical issues of the legislative definition of a fine as a measure of a criminal law nature in relation to legal entities and the practical aspects of regulating the problems of application of this type of measure of a criminal law nature. The problems of the legislative definition of a fine as a measure of a criminal law nature should be addressed both in the theoretical and law enforcement areas. Scholars and practitioners have repeatedly debated the legal nature of fines as a type of criminal law measure applied to legal entities. In particular, questions arise as to the distinction between a fine as a form of punishment and a measure of a criminal law nature. Scholars point out that a fine imposed on legal entities is not a form of criminal liability, but is only a measure of a criminal law nature. In theoretical and practical terms, there are still many "open" problems with the application of a fine as a measure of criminal law. Therefore, there is a need to revise the model of liability of legal entities and to apply criminal law measures to them within the framework of criminal law.