Становление и развитие административной преюдиции в советский период

Abstract

Issues of criminal liability for acts, the single (initial) commission of which entails administrative liability, have in recent years moved from the category of purely doctrinal to law enforcement. At the same time, their severity does not decrease, since in many respects the possibility of his correction and taking the path of respect for rights and freedoms depends on the choice of the most appropriate (expedient, fair, etc.) measure of responsibility for the offender. Taking into account the initial refusal of the Russian legislator to use administrative prejudice when constructing rules on criminal liability and the subsequent “rehabilitation” of this approach, it makes sense to turn to the history of the formation and development of this approach in the Soviet period. The article critically evaluates the doctrinal point of view about the “broad” experience of using administrative prejudice in the construction of the norms of the Special Part of the Criminal Code of the RSFSR of 1960; The characteristic features of norms with administrative prejudice are noted, as well as the specificity of the social relations they protect.