Институт административной преюдиции по уголовным делам, или О закономерностях перехода количества в качество

Abstract

The return of the institution of administrative prejudice into Russian criminal law in 2011 caused a flurry of criticism, roughly repeating in material and legal terms the criticism to which the institution was subjected in the late Soviet and early post-Soviet years, which then led to its abolition. Today, procedural criticism has also been added to it. At the same time, the legislator continues to develop administrative prejudice, which leads to a gap between normative existence and doctrinal assessments of the institution. How adequate are its substantive and procedural criticisms? The question is not simple and requires special analysis.