Феномен административной преюдиции в контексте понимания сущности преступления

Abstract

We consider the issue of understanding the administrative prejudice in criminal law. We investigate the ontological problems of administrative prejudice in the doctrine of criminal law. The purpose of the work is a ra-tional and critical consideration of the criminal law science provisions in rela-tion to the question of the characteristics and legal essence of administrative prejudice. We analyze the arguments “for” and “against” the preservation of administrative prejudice in the criminal law, consider the essential character-istics of this concept. We state that administrative prejudice is now consid-ered outside the corpus delicti, identifying it with a specific means of legal technique, or within the corpus delicti, as an element of the objective side or subject of the crime. We substantiate the position that administrative preju-dice is a sign of a special subject of a crime. We prove that when committing a repeated similar offense, it is necessary to talk about the public danger of the subject who has committed multiple repetitions of the same offense. In this case, each subsequent multiple offense should entail the onset of criminal liability, because this right violation is not associated with the act, but with the figure committing the unlawful act. We propose measures to improve the proposition of administrative prejudice in the criminal law. Research methods: formal-dogmatic, comparative-legal, instrumental analysis. Scope of application: jurisprudence, law enforcement practice, law-making, legislation.