The Institution of a Judicial Fine as a Measure of Procedural Responsibility: Issues of Determining the Subject Composition

The institution of a judicial fine is one of the most common measures of legal liability, which is known to all branches of procedural legislation, with the aim of influencing the property sphere of the subject who committed a procedural offense in order to ensure proper conditions for the administration of justice and the formation of respect for the law and the court. Despite the long history of its development, in different types of legal proceedings, the institution of a judicial fine is characterized by the presence of features of legal regulation and its fragmentation, differences in the interpretation of the application of a judicial fine and the lack of uniform approaches to its use in judicial practice. This led to the emergence of a number of problems that have a negative impact on the state of the institution of a judicial fine and its applicability by the courts: the presence of competition between subjects of legal liability in the form of a judicial fine, different positions on the qualification of the legal status of the violator of the requirements of procedural legislation to determine the maximum amount of a judicial fine to be applied to him, uncertainty in the criminal process of the circle of persons to whom such a measure of procedural coercion as a monetary penalty can be applied, the presence of different approaches in different types of legal proceedings to the differentiation of subjects of legal liability in the form of a judicial fine, the multidirectionally developing judicial practice of arbitration courts and courts of general jurisdiction. With the help of the historical-legal method, the formal-legal method of studying the norms of legislation and doctrine, comparative and systemic-structural methods, these problems are analyzed, the reasons for their presence are identified and ways of their resolution in the conditions of modern legal reality are proposed.