ЛИЦО, ИМЕЮЩЕЕ СУДИМОСТЬ, КАК СУБЪЕКТ ПРЕСТУПЛЕНИЙ С АДМИНИСТРАТИВНОЙ ПРЕЮДИЦИЕЙ

Abstract

The analysis of the elements of crimes with administrative prejudice showed that, unlike Article 264.1 of the Criminal Code of the Russian Federation, which establishes criminal liability against a person with a criminal record under Articles 264 and 264.1 of the Criminal Code of the Russian Federation, Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation provide for this responsibility, respectively, for beatings and petty theft only in relation to those subjected to administrative punishment. However, the problem of applying art. 116.1 The Criminal Code of the Russian Federation became so acute that the Constitutional Court of the Russian Federation received an appeal calling into question the effectiveness of this norm, and the latter was forced to issue a resolution obliging the federal legislator to change its wording, to provide for criminal penalties for those with a criminal record under Articles 116, 116.1, 117 and 334 of the Criminal Code of the Russian Federation. Meanwhile, Article 158.1 of the Criminal Code of the Russian Federation requires a similar adjustment to Article 116.1 of the Criminal Code of the Russian Federation. Based on statistical data, following the rules of legal technique, the author justifies the need and proposes new versions of Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation, providing for each qualified composition in the form of part two, establishing criminal liability against persons with a criminal record for previously committed data or similar on the objective side of the crime.