THE PRINCIPLE OF PERSONAL RESPONSIBILITY IN THE APPLICATION OF A COURT FINE

Using the example of the grounds for exemption from liability with the imposition of a court fine, the article examines the extended interpretation by the Supreme Court of the Russian Federation of the subject matter of compensation for damage caused by a crime. The author analyzes the possibility for third parties to pay compensation from a position of contradiction to the doctrinal foundations of criminal law. It is noted that the only condition that must be fulfilled for release under Art. 76.2 of the Criminal Code of the Russian Federation is compensation for damage, and it can be performed by another person who is not involved in the commission of a criminal act. It is argued that exemption from liability is a specific measure of criminal legal influence, it has a stimulating character, since it allows the perpetrator to demonstrate and prove the leveling of his public danger by independently committing voluntary actions. If the conditions are fulfilled by persons who were not involved in the commission of the crime, the conclusion about the loss of public danger by the perpetrator is a fiction. Arguments are given to substantiate that exemption from responsibility is an incentive, which, in essence, should be provided only to a person who deserves it through his active actions. Studying the essence of the basic criminal law principle of personal responsibility in domestic criminal legislation allowed the author to establish the fact of its violation in the position of the Supreme Court of the Russian Federation under study. The fulfillment of any conditions of release must be exclusively personal. Particular attention is paid to the aspect of the inappropriate «introduction» of mechanisms of civil law affiliation in criminal law. As a conclusion, the author suggests excluding such an assumption from the acts of official interpretation or specifying its interpretation.