RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of January 11, 2007 No. 2

About practice of appointment of criminal penalty as courts of the Russian Federation

Due to the changes in court practice made to the Criminal Code of the Russian Federation there were questions of application of the separate regulations regulating criminal sentencing. For the purpose of providing the correct and their uniform decision the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. Draw the attention of courts to need of execution of requirements of the law on strictly individual approach to assignment of punishment, meaning that just punishment promotes the solution of tasks and implementation of the purposes specified in articles 2 and 43 of the Criminal Code of the Russian Federation (further - the Criminal Code of the Russian Federation).

According to article 6 Criminal Code of the Russian Federation justice of the penalty imposed to the defendant consists in its compliance to nature and degree of public danger of crime, to circumstances of its making and the identity of the guilty person.

Owing to requirements of Articles 73 and 307, 308 Codes of penal procedure of the Russian Federation (further - the Code of Criminal Procedure of the Russian Federation) in sentence should be specified what circumstances are commuting and aggravating the penalty, data characterizing the identity of the defendant, motives of the made decisions on all questions relating to criminal sentencing, release from it or its serving.

2. Types of criminal penalty in the Criminal Code of the Russian Federation are located in certain sequence from less strict to more strict.

According to the general beginnings of assignment of punishment (article 60 Criminal Code of the Russian Federation) more severe looking of punishment from among provided for the committed crime is appointed only if less severe looking of punishment will not be able to provide punishment goal achievement.

According to part three of article 60 Criminal Code of the Russian Federation on each case it is necessary to consider influence of the imposed penalty on correction of the convict and on living conditions of his family. If in the sanction of the penal statute along with imprisonment other types punishments are prescribed, the judgment about purpose of imprisonment shall be motivated in sentence.

3. Appointing the punishment types which are not connected with isolation from society, the court shall observe features of their application.

According to article 46 Criminal Code of the Russian Federation the penalty in case of any method of its appointment shall be determined in the form of cash collection.

The size of penalty is determined by court taking into account weight of the committed crime, property status of the convict and his family, and also taking into account possibility of receipt by the convict of the salary or other income (part three of article 46 Criminal Code of the Russian Federation).

The minimum size of penalty appointed for the committed crime including using provisions of article 64 Criminal Code of the Russian Federation, cannot be lower than five thousand rubles, and in case of its appointment in the amount of the salary or other income of the convict - for the period less than two weeks (part two of article 46 Criminal Code of the Russian Federation). The minimum size of penalty appointed by the minor cannot be lower than one thousand rubles or the size of the salary or other income of the minor convict for the period less than two weeks (part two of article 88 Criminal Code of the Russian Federation).

It is necessary to carry the income to other income, taxable according to the current legislation.

Fine can be ordered to pay as primary punishment, and also as additional punishment if it is directly specified in the sanction of Article of the Special part of the Criminal Code of the Russian Federation.

If for the committed crime fine is ordered to pay as primary punishment, then it is impossible to appoint it as additional punishment for the same crime.

Proceeding from provisions of part three of article 46 Criminal Code of the Russian Federation fine can be ordered to pay both without payment by installments, and with payment payment by installments up to five years. In case of infliction of penalty with payment by installments of payment to court it is necessary to motivate the decision in sentence with indication of specific payment due dates with parts and the amounts (sizes) of payments within the payment by installments term established by court.

If the convict to penalty has no opportunity to one-timely pay penalty, the court based on part two of article 398 Code of Criminal Procedure of the Russian Federation can provide payment by installments of payment of penalty certain parts for a period of up to 5 years or payment deferral for the same term at stage of execution of sentence.

In case of infliction of penalty for each of entering cumulative offenses of small or average weight, for preparation for heavy or especially serious crime or for attempt at heavy or especially serious crime the court can apply the principle of absorption of less stiff punishment by more strict. In case of use of the principle of addition of punishments the final size of penalty is appointed proceeding from the rules established by part two of article 69 Criminal Code of the Russian Federation.

3-1. According to part one of the article 32 PEC of the Russian Federation it is malicious evading from payment of penalty the condemned, not paid penalty without payment by installments till 30 calendar days from the date of the introduction of sentence in legal force or the first part of penalty with payment payment by installments in the same time or the rests of penalty no later than the last day of each next month is recognized.

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