On the need to improve criminal law norms with administrative prejudice

Abstract

The article deals with some problems of constructing elements of crimes with administrative prejudice and concludes that it is necessary to improve such criminal law norms. It is noted that, since 2009, in Russia there is a process of gradual resumption of the construction of administrative prejudice in the structure of the domestic criminal law. To date, this construction is used only in six countries of the world, which are parts of the former Soviet Union, in connection with which the conclusion is made about the uniqueness of the institution of administrative prejudice in the field of criminal law. The authors have collected statistics on the quantitative development of this institution in the post-Soviet space over the past five years. It is concluded that the problem of the absence of a single formulation defining a special subject of the elements of crimes with this construction exists not only in the Russian criminal legislation, but also in the legislation of Tajikistan and Turkmenistan. The necessity of fixing in Russian criminal law and initiating fixing in the Model Criminal Code for the former Soviet republics the definition of administrative prejudice in criminal law and on its basis the development of a single model of legislative regulation of administrative prejudice in criminal law, which will eliminate the technical and legal shortcomings addressed in the article, is determined.