Administrative Prejudice as an Interdisciplinary Institute
( Pp. 181-186)
More about authors
Zimenkova Irina I.
postgraduate student of the Department of Criminal Law
Moscow City University
Moscow, Russian Federation
Moscow City University
Moscow, Russian Federation
Abstract:
The article examines a number of topical issues today related to the interpretation of administrative prejudice and its features as an interdisciplinary institution of criminal law in Russia, the problems of using administrative prejudice in qualifying certain crimes, which is due to both the development of domestic law and the policy of the state in terms of criminalization and, on the contrary, decriminalization of certain acts. The concepts of "prejudice" and "the state of prejudice" are analyzed from the point of view of the development of the legal system as a whole. The main features of administrative prejudice and their essence are determined, based on the structure of the gravamen of a charge of some crimes by the legislator. The article considers the concept of administrative prejudice as a "legal category", "legal means", "legal structure". An analysis of individual articles of the Criminal Code of the Russian Federation, containing an administrative prejudice, was carried out, during which some difficulties of their interpretation and law enforcement were identified. In the course of a comprehensive analysis of the norms of criminal and administrative law, the basic principles of the application of administrative prejudice were established in the context of the need to distinguish between administrative and criminal liability. The positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, in conjunction with the main approaches to the problem of the expediency of enshrining administrative prejudice in the criminal law of Russia, at the legislative level, are considered. The main gaps in the intersectoral differentiation of responsibility are identified, and recommendations for their elimination are developed, an assessment of the possibility of introducing administrative prejudice as an interdisciplinary institution is made, and the conditions under which this institution can show its effectiveness, including from the point of view of the application of criminal law, are shown.
How to Cite:
Zimenkova I.I., (2021), ADMINISTRATIVE PREJUDICE AS AN INTERDISCIPLINARY INSTITUTE. Gaps in Russian Legislation, 7 => 181-186.
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Khilyuta V.V. "The phenomenon of administrative prejudice in the context of understanding the essence of a crime" // Actual problems of state and law - 2021 - № 17 - p. 117
Dzhamalova E.K., Ubilova A.M. "Some trends in the development of criminal law in Russia" // Law and Law - 2021 - № 5 - p.
Kryzhevskaya N.N., Maksimenko M.V. "Administrative prejudice: philosophical understanding of the institute" // Philosophy of law - 2019 - p. 168
A.P. Kuznetsov "Comparative jurisprudence in the sphere of criminal law" // Bulletin of the Russian University of Cooperation - 2021 - № 3 (45) - p. 125
Kursaev V.K. "The state of the border between administrative and criminal liability in article 212. 1 of the Criminal Code of the Russian Federation, taking into account the time of the crime" // Bulletin of economic security - 2017 - № 4 - p. 99
Lopashenko N.A. "There is no administrative prejudice in criminal law!" / ON THE. Lopashenko // Bulletin of the Academy of the Prosecutor General's Office of the Russian Federation - 2011 - № 3 (23) - p. 69.
A.A. Mamedov "The modern concept of the development of administrative law" // Education and Law - 2021 - № 4 - p. 74
Markuntsov S.A. "Administrative prejudice as a special means of legal technology and its use in the criminal code of the Russian Federation" // Law. Journal of the Higher School of Economics - 2016 - № 4 - p. 31
Neznamova Z.A. "Crimes with administrative precedence in the Criminal Code of the Russian Federation: conflicts of inter-sectoral regulation" // Russian law. Education, practice, science - 2015 - № 6 - p. twenty
Odoev O.S. "Administrative prejudice in the criminal law of Russia and the CIS states" // Monograph - 2018 - Moscow, Publishing House "Jurisprudence"
Sabitov R. A., Knyazeva I. N. "Administrative Prejudice in Criminal Law: Pros and Cons" // Legal order: history, theory, practice - 2019 - No. 4 (23) - p. 34
Savelyeva O.Yu. "Institute of Administrative Prejudice in Modern Criminal Law" // Baltic Humanitarian Journal - 2019 - p. 168
Yu.P. Sinelshchikov "Administrative prejudice in modern criminal justice: theory and practice" // Monograph - 2019 - [Electronic resource] sinelschikov.info Access mode: http://www.si-nelschikov.info/files/documents/book/preud_2020. pdf
Filippova E.O. "The legal structure of guilt in the criminal law of Russia: the formation and history of development, concept and content" // Baltic Humanitarian Journal - 2020 - № 4 (33) - p. 368
Khilyuta V.V. "The phenomenon of administrative prejudice in the context of understanding the essence of a crime" // Actual problems of state and law - 2021 - № 17 - p. 117
Keywords:
administrative prejudice, prejudice, crime, offense, criminal law, transformation of the responsibility.
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