Причины институционализации административной ответственности в постреволюционной России (1917–1924 гг.).

Abstract

Introduction. The relevance of this topic is due to the ongoing reform of responsibility for administrative offenses, discussions in the scientific literature on the delimitation of crimes and administrative offenses and the grounds for their delinquency. The study of the historical stages of the normative isolation of responsibility for administrative offenses from the point of view of events taking place in political, economic and social life, in our opinion, helps in determining the development trends of this institution. In this article, the author aims to identify the reasons and conditions for administrative responsibility as an independent institution after the Great October Socialist Revolution. The gradual normative separation of responsibility for administrative offenses from criminal responsibility falls on the period of war communism and the first half of the New Economic Policy (NEP). Methods. The author uses the classical historical and legal research method, which includes both a chronological analysis of social, political and economic factors, and a study of the legal regulation of legal institutions over a period of time. Results. In the first years of Soviet power, administrative coercion, along with other measures of state coercion, was considered as one of the means of strengthening socialist legality and fundamental order and security. The normative separation of administrative responsibility from criminal responsibility during the first half of the new economic policy was due to the development of economic relations and technical progress. In general, it was associated with Soviet ideology, a permissive type of legal regulation, an increase in the number of rules issued by the state in various spheres of public life, the creation of control and supervisory bodies that required their own operational leverage on citizens and organizations, including in the form of imposing penalties.