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Evasion from Payment of a Fine

Problem Aspects of the Issues of Criminal Enforcement and Criminal Procedure

Bibliographic Data

ID21763791
AuthorsOsadchuk Kateryna Mykhailivna (0000-0002-5112-4666, Lviv State University of Internal Affair), Osadchuk Mykhailivna (Lviv State University of Internal Affairs, corresponding author)
Year2020
VolumeIssue 2020
Issue1(25)
Pages37-46
Publication date2020-01-01
Open AccessYes
TypeARTICLE
VenueKrakowskie Studia Małopolskie (JOURNAL)
Journal identifiersISSN: 1643-6911
PublisherWydawnictwo Adam Marszałek (PUBLISHER • PL)
DOI10.15804/ksm20200103
OpenAlexW3111178063
LanguageEN

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

Business · Criminal procedure · Criminology · Economics · Enforcement · Law and economics · Payment · Political science · Public economics · Tax Evasion · Digital Transformation in Law · Law · Medicine · Psychology · Finance

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