THE MONETARY FINE AS A MEANS OF PROCEDURAL COERCION
Journal Title: Право та інновації - Year 2018, Vol 4, Issue 24
Abstract
Problem setting. The article investigates the practice of applying a monetary fine as a means of procedural coercion. The author draws attention to a number of provisions that must be taken into account by the court when applying the monetary fine in civil proceedings. Analysis of recent researches and publications. The studied problem has been the subject of scientific works of such scientists, as O. G. Bratel, V. V. Komarov, V. I. Tertyshnikov, D. D. Luspenik, M. J. Stefan. Article’s main body. A fine is a monetary penalty, which consists in the recovery of a certain amount of money from the relevant person to the state budget. That is, its content consists in the impact on the property sphere of a person, depriving him of a certain part of the property. The purpose of the fine is to encourage the implementation of the rules established in the court, the conscientious performance of procedural duties, the cessation of abuse of procedural rights and prevent the creation of illegal obstacles in the implementation of legal proceedings. Conclusions and prospects for the development. It is concluded that the behavior of the person concerned can not be a basis for the application of a fine to him as a means of procedural coercion. In this regard, it is stated that the basis for the application of the fine is not the conduct of the person concerned, but its consequences, which have legal significance. The ECHR considers the application of a fine as an interference to the right of a person with respect for property, so article 1 of Protocol No. 1 to the Convention is to be applied. Fine within the meaning of the Convention on the operation of the paragraph. 2 article 1 of Protocol 1, which allows Contracting States to control the use of property, in particular in the form of fines. Given the specific circumstances of the case, the fine should strike a fair balance between, on the one hand, the General interest and, on the other, respect for the property rights of the person, so the intervention should not be such as imposing an excessive burden on the person.
Authors and Affiliations
O. V. Rozhnov
Keywords
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