REPLACING PUNISHMENT WITH A FINE. SOMETIMES IT IS POSSIBLE, SOMETIMES IT IS NECESSARY
Recently, in practice, questions have arisen regarding the possibility of applying to persons serving sentences in the form of correctional labour the replacement of the unserved part of the punishment with a fine, as provided for by Art. 46 of the Criminal-Executive Code of Ukraine (hereinafter—the CEC of Ukraine). In particular, in some cases, courts, referring to the provisions of Art. 82 of the Criminal Code of Ukraine, refuse to apply the named norm on the grounds that the convict, in their opinion, has either not proven their rehabilitation or has not served a specified part of the sentence term.