Административная преюдиция: подходы к регламентации уголовной ответственности на примере построения ст. 264.1 и ст. 314.1 УК РФ

Abstract

The article discusses the features of the approach of the Russian legislator to the assessment of a rather debatable criminal law institution — administrative prejudice. His opposite assessments in the theory of criminal law, as well as the position of the Supreme Court of the Russian Federation, are analyzed. A detailed legal analysis of the elements of crimes constructed in Art. 264.1 and Art. 314.1 of the Criminal Code of the Russian Federation, and their author’s edition is proposed.