УГОЛОВНО-ПРОЦЕССУАЛЬНОЕ ЗАКОНОДАТЕЛЬСТВО В ВОПРОСЕ ОБЕСПЕЧЕНИЯ ИСПОЛНЕНИЯ НАКАЗАНИЯ В ВИДЕ ШТРАФА, НАЗНАЧЕННОГО ГРАЖДАНСКОМУ СЛУЖАЩЕМУ

The article is focused on the problem caused by a desire of convicted civil officers to remain in their use the property on which a fine can be imposed as a penal sanction. The applicability of separate norms of civil legislation is analyzed in order to solve this problem. The issue of imposing a third-party lien on the property is suggested to solve according to the Article 399 of the Criminal Procedure Code of the Russian Federation by using norms of civil legislation. The author specifies the conditions, which make it possible to resolve a legal situation by means of civil law. It is concluded that if the proposed ways of resolving the conflict situations show its viability in practice, the resolution of a fundamental problem of justice, i.e. unavoidability of punishment, will be considerably facilitated.

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