Malicious evasion of paying a fine: de lege lata et de lege ferenda

Abstract

The article deals with the issues of replacing a fine with other types of punishments in case of malicious evasion. The problem of low enforceability of this type of punishment is noted and ways of its solution are indicated. It is pointed out the need for a phased recognition of a person as a malicious evader, as well as the advisability of introducing a provision that if there are good reasons for non-payment, there is no malicious evasion. The author puts forward proposals to amend art. 46, 314 of the Criminal Code of the Russian Federation, аrt. 103 FZ «On Enforcement Proceedings», art. 151 of the Code of Criminal Procedure of the Russian Federation and art. 32 of the Penal Code of the Russian Federation. In particular, art. 314 of the Criminal Code of the Russian Federation, it is proposed to construct a composition of evasion from serving a sentence in the form of a fine, which will significantly affect the improvement of the quality and uniformity of judicial practice in the area under study.