Административная преюдиция в уголовном праве: pro et contra

Abstract

The paper discusses the problems that occurred in the criminal law doctrine and in the law-enforcement practice because of the return of the rules with ad-ministrative prejudice to the domestic criminal law. The concept of administrative prejudice and the issues arising from the application of this institution are analysed. Various approaches (in the context of the pros and cons) to consideration of this phe-nomenon are represented. Since there is no unam-biguous understanding of administrative prejudice as a criminal law category in theory and law en-forcement practice at the moment, and the legislator follows the path of active introduction it into the provisions of the criminal law, it is proposed to more carefully regulate the institution of administrative prejudice in criminal law. In particular, it is advisable to fix the concept of administrative prejudice in the Criminal Code of the Russian Federation, as well as to observe certain rules of the formulation of preju-dicial rules in order to ensure a unified approach to their construction.