Review of S. M. R. Simbagaev's dissertation "Fine as a type of criminal punishment: problems of legislative regulation and practice of application
Rubrics: SCIENCE FORUM
Authors:
1.
Academy of the Federal Penitentiary Service of Russia
Russian Federation
Russian Federation
2.
Akademiya FSIN Rossii
Russian Federation
Russian Federation
Type:
Article
Pages:
from 324
to 331
Status:
Published
Received:
25.04.2023
Accepted:
31.05.2023
Published:
05.10.2023
Subject area:
VAC 5.1.4 Уголовно-правовые науки
UDK 343.271 Денежные штрафы
UDK 343.271 Денежные штрафы
Language:
Russian
Keywords:
criminal liability, punishment, system of punishments, fine, other measures of a criminal nature, judicial fine
Abstract (English):
This review reflects the main provisions of the dissertation research of Said-Magomed Ramzanovich Simbagaev "Fine as a type of criminal punishment: problems of legislative regulation and practice of application", submitted for the degree of Candidate of Legal Sciences (5.1.4. Criminal Law Sciences). In particular, the relevance of the work, the degree of validity, reliability and novelty of scientific provisions, conclusions and recommendations formulated in the dissertation, as well as their theoretical and practical significance are determined. Special attention is paid to a number of proposals formulated by the author, the scientific component of which is beyond doubt: the definition of the essence of the fine and its place in the system of penalties; the need to abandon the multiple calculation of the fine and increase its lower limit when calculating in monetary terms; the position formulated by the author regarding the understanding of other income when imposing a fine; recommendations for improving sanctions by a Special article parts of the Criminal Code of the Russian Federation; an original solution to the problem of the ratio of a fine with other punishments; proposals for improving the current legislation regarding the regulation of fines. It is concluded that the presented research is an independent scientific and qualification work, which contains the solution of tasks that are essential for the development of the sciences of criminal and penal enforcement law, legislation and practice of its application.
This review reflects the main provisions of the dissertation research of Said-Magomed Ramzanovich Simbagaev "Fine as a type of criminal punishment: problems of legislative regulation and practice of application", submitted for the degree of Candidate of Legal Sciences (5.1.4. Criminal Law Sciences). In particular, the relevance of the work, the degree of validity, reliability and novelty of scientific provisions, conclusions and recommendations formulated in the dissertation, as well as their theoretical and practical significance are determined. Special attention is paid to a number of proposals formulated by the author, the scientific component of which is beyond doubt: the definition of the essence of the fine and its place in the system of penalties; the need to abandon the multiple calculation of the fine and increase its lower limit when calculating in monetary terms; the position formulated by the author regarding the understanding of other income when imposing a fine; recommendations for improving sanctions by a Special article parts of the Criminal Code of the Russian Federation; an original solution to the problem of the ratio of a fine with other punishments; proposals for improving the current legislation regarding the regulation of fines. It is concluded that the presented research is an independent scientific and qualification work, which contains the solution of tasks that are essential for the development of the sciences of criminal and penal enforcement law, legislation and practice of its application.
Keywords:
criminal liability, punishment, system of punishments, fine, other measures of a criminal nature, judicial fine
criminal liability, punishment, system of punishments, fine, other measures of a criminal nature, judicial fine
1. Ghukasyan, A. P. 2010, 'The main determinants of recidivism caused by the "crisis" of criminal punishment, and ways to overcome them', Society and Law, iss. 3(30), pp. 155-165.
2. Khilyuta, V. V. 2019, 'Punishment and criminal legal impact: the search for an optimal model of countering crime’, Russian Journal of Legal Research, iss. 3, pp. 138-147.
3. Simbagaev, C. M. P. 2022, Fine as a type of criminal punishment: problems of legislative regulation and practice of application: PhD thesis (Law), Grozny.
4. Murashova, A. V. 2021, Differentiation of fines in criminal law: PhD thesis (Law), Kursk.
