Уголовный проступок как средство дифференциации уголовной ответственности и наказания

Abstract

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation