Administrative Offenses Research Articles

СУСПІЛЬНА НЕБЕЗПЕЧНІСТЬ НАРКОМАНІЇ ЯК КРИМІНОЛОГІЧНИЙ ФАКТОР НЕДОЦІЛЬНОСТІ ДЕКРИМІНАЛІЗАЦІЇ СТ. 309 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

The article provides the author’s justification of the decriminalization inexpediency of Art. 309 of the Criminal Code (CC) of Ukraine through a criminological analysis of the public danger of drug addiction as a background phenomenon for crime. The article also analyzed the Draft law No. 9028 on amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses regarding the improvement of liability for illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues without the purpose of sale. Considering the fact, the Draft law proposes to exclude Art. 309 from the CC of Ukraine, replacing criminal liability to administrative liability for committing of certain illegal actions, it is emphasized that a number of problematic issues have arisen today regarding the implementation of such a draft law, since both society and state bodies are not ready for such changes. The conducted analysis showed that the decriminalization of Art. 309 of the CC of Ukraine has different points of view. Some scientists believe that decriminalization can help reduce drug addiction and drug-related crime, as instead of being prosecuted, people will be able to get medical help and support for responsible drug use, and reduce pressure on the justice system. In its turn, a lack of continence in the form of sufficient punishment threat will reproduce committing of a number of new, more serious criminal offenses. That is why the authors of the article believe that the decriminalization of drug use can confirm the negative social consequences of drug addiction and can send the wrong message to young people on drug use. Concerns have also been expressed that such decriminalization may lead to an increase in drug use and an increase in the risk of harmful effects on people’s health, and even more so will lead to committing of other, more serious criminal offenses. Key words: criminal offense, crime, criminal misdeed, criminal responsibility, administrative offense, administrative responsibility, decriminalization, background phenomena for crime, marginal environment, narcotic drugs, drug addiction, juvenile delinquency, involvement of juveniles to narcotic drugs use, criminogenic factors, determinants, self-serving violent crime, violent criminal offenses, criminal groups, criminal offenses in the domestic (family) sphere, prevention, police officers, evidence.

The place of judicial enforcement in the process of implementation of legal norms (on the example of the enforcement activity of administrative courts and courts whose competence includes consideration of cases on administrative offenses)

The article discusses the characteristics of judicial application of legal norms as a stage of implementation of these norms. It is noted that judicial enforcement neither in administrative proceedings nor in the process of court consideration of cases on administrative offenses cannot start the process of implementing legal norms. In the first case, the appeal to the administrative court occurs as an element of the protection of the rights of a certain subject, that is, the actions for the realization of the right due to it were already carried out by this subject and for some reason (most often - due to the reasons for their violation by subjects of authority) were not implemented and require the intervention of the judicial branch of government. In the second case (in administrative-delict proceedings), the participation of the court is also a continuation of certain relations that have already arisen (when prohibitions were violated) and require a state response. In both cases, judicial enforcement also does not complete the process of law enforcement, because further actions (voluntary or coercive) to implement court decisions are foreseen. Having studied scientific views on the staged implementation of legal norms, the author proposes a simplified model of it (regarding judicial enforcement in the order of administrative proceedings), in which judicial enforcement can appear as the second stage of the process of implementing legal norms (the first is unsuccessful (due to obstacles or any other reasons ) an attempt to implement in the forms of “execution”, “use” or “observance”, the second – appeal to the administrative court and the latter’s actions from judicial application). The author’s position is expressed regarding the mandatory or optional nature of judicial enforcement as a stage of legal enforcement. It is noted that the law enforcement activity of the administrative court cannot be recognized as a mandatory stage from the point of view of the initiative of its initiation, because the established right to judicial protection may not be realized by subjects of private law. On the other hand, if there is such an appeal to the court for protection, its consideration is mandatory. Judicial enforcement is mandatory in cases where it is necessary to protect the interests of the state and maintain law and order. In particular, in the case of the commission of an administrative offense, the consideration of which is assigned to the competence of the court, judicial enforcement is mandatory, if all the necessary conditions for its implementation are present. The provision on the lack of interest of law enforcers in the final results of their law enforcement in relation to judicial enforcement is discussed, taking into account the peculiarity of the law enforcer – the court, which, as a representative of the judicial branch of government, which is one of the branches of state power, has a certain indirect interest in the results of its law enforcement (interest from the position of global interest - ensuring the operation of justice).

Characteristics of legislation in the field of health protection

The article examines the essence of administrative and legal regulation in the field of health care through the prism of the systematization of administrative legislation in the specified field. The legal regulation of public administration is defined as a purposeful activity of state authorities regulated by laws and other normative acts, which is aimed at consolidating, organizing and protecting social relations in the specified sphere, which is carried out with the aim of preserving and strengthening health, protecting the rights of patients and medical employees. Attention is focused on determining the role and importance of such types of systematization as incorporation, consolidation, codification, adaptation and their application in the field of health care.
 It was determined that the codification of administrative legislation in the field of health care is the most advanced form of systematization, which is directly related to the change in the form and content of the current legislation by its revision, elimination of conflicts, gaps, obsolescence and multiplicity of legal norms. Special attention is paid to adaptation, as a fundamental component of the European integration course of Ukraine, which consists in the phased adoption and implementation of laws and subordinate normative legal acts of Ukraine, developed considering the European Union legislation, as well as in making appropriate changes to the current legal acts of Ukraine.
 Analysis was conducted and the reasons that complicate the classification of legislation in the field of health care were determined, with the complexity of legal regulation being the main one. The classification of health care legislation according to the principle of hierarchy, subject and scope of legal regulation, as well as by the number of persons is proposed.
 The necessity of supplementing the current Code of Administrative Offences with the section “Offences in the Sphere of Health Care” is substantiated, which will establish responsibility for administrative offences in the sphere of health care, as well as strengthen administrative responsibility for their commission. The specified changes will ensure regulation of relations in the field of medical services, protection of the rights of doctors and patients, and as a result will improve the quality of medical assistance to the population.

Administrative responsibility for violation of customs rules during the movement of goods by natural persons across the customs border of Ukraine: reasons and signs

The article is devoted to the disclosure of the features of administrative responsibility in the movement of goods by natural persons across the customs border of Ukraine, its grounds and features. Attention is focused on the categories: «offence», «customs offence», «natural person», «resident», «non-resident», «customs rules», «administrative responsibility», «violation of customs rules», «administrative responsibility for violation of customs rules». It was found that the violation of customs rules during the movement of goods by individuals across the customs border of Ukraine belongs to the category of administrative offenses and is a type of legal responsibility. It is suggested that the violation of customs rules in the case of movement of goods by individuals across the customs border of Ukraine should be understood as intentional or negligent action or inaction of an individual who interferes with the established procedure for movement of goods by them across the customs border of Ukraine, implementation of customs clearance procedures and customs control of such goods, or ( or) exemption or settlement of customs payments. It has been proven that the elements of violation of customs rules when moving goods by individuals across the customs border of Ukraine must include: a) object; b) the objective side; c) subject; d) the subjective side.
 The grounds for administrative liability for violation of customs rules during the movement of goods by natural persons across the customs border of Ukraine have been disclosed. A proper definition of administrative responsibility for violation of customs rules during the movement of goods by individuals across the customs border of Ukraine is proposed as a specific form of negative response of the state in the form of its authorized bodies (customs and judicial) to violations of customs rules during the movement of goods by individuals across the customs border, according to which physical persons who have committed such violations are subject to onerous consequences of a material or other nature for their illegal actions and provides for administrative fines for this in the order and form determined by the Customs Code of Ukraine. The signs of administrative responsibility for violation of customs rules during the movement of goods by individuals across the customs border of Ukraine have been clarified.

Проблемы правоприменительной практики при привлечении перевозчика к административной ответственности

The article is devoted to the study of the problems of law enforcement when bringing the carrier to administrative responsibility under part 3 of article 16.1 of the Code of Administrative Offenses of the Russian Federation. A comparative analysis of judicial practice is presented, which revealed the lack of uniformity of judicial decisions. Conclusions are formulated on the directions for the further development of customs law, excluding excessive burden on persons moving goods across the customs border of the Eurasian Economic Union, in the absence of their fault due to a slight discrepancy in the gross weight of goods. Emphasis is placed on the need to maintain a balance of public and private interests, which should be based on the conscientiousness of the subjects of activity in the field of customs and the readiness of customs authorities for effective cooperation.

Distinguishing the rehabilitation of Nazism from related crimes: theory and practice

The subject of this study is the criminal law prohibition on the rehabilitation of Nazism, established by the criminal legislation of the Russian Federation. The author emphasizes the importance of considering aspects of the qualification of this act in the presence of a large number of related crimes, which in all their elements are very close to the one under consideration. The article examines in detail such crimes that are classified as extremist, as well as vandalism, slander, destruction or damage to military graves, monuments, obelisks, other memorial structures or objects perpetuating the memory of those who died defending the Fatherland or its interests, or dedicated to the days of military glory of Russia. The author draws attention to the presence of similar features of the corpus delicti aimed at prohibiting the rehabilitation of Nazism with administrative offenses, in particular, with article 20.3 of the Administrative Code of the Russian Federation. The methodology of the research consists of such methods as formal legal, logical, systematic, as well as the method of analysis. The novelty of this study lies in the complexity and comprehensiveness of the consideration of the stated issues. The author argues that the difficulty of qualification lies in the fact that actions can simultaneously fall under both "extremist" crimes and directly under the corpus delicti, which enshrines the prohibition of rehabilitation of Nazism. The author concludes that the identification of extremism and the prohibition on the rehabilitation of Nazism is incorrect, and Article 354.1 of the Criminal Code of the Russian Federation is special in relation to Article 282 of the Criminal Code of the Russian Federation. The author's special contribution is manifested in a large number of analyzed sources of judicial practice from different years, on the basis of which the author drew his conclusions and justified the terminology used by the legislator in constructing various provisions of Article 354.1 of the Criminal Code of the Russian Federation.

Analytical Review of the Practice of Consideration by the Central Office of the FAS Russia of Complaints about Decisions, Definitions in Cases of Administrative Offenses in the Order of Chapter 30 of the Administrative Code of the Russian Federation (IV Quarter 2023)

The review contains an analysis of the legal positions of the Central Office of the Federal Antimonopoly Service of Russia based on the results of assessing the legality and validity of decisions and definitions in cases of administrative offenses.The purpose of the analytical review is to form uniform approaches in the law enforcement practice of antimonopoly bodies in cases of administrative offenses

К вопросу о пересмотре дел об административных правонарушениях в надзорном порядке

В статье анализируются проблемы пересмотра дел об административных правонарушениях в надзорном порядке, в том числе о совмещении в ст. 30.12–30.19 КоАП РФ положений, касающихся пересмотра дел в различных инстанциях. Обращается внимание на отсутствие в законе возможности пересмотра в надзорной стадии постановлений по надзорным жалобам, вынесенных судами субъектов Российской Федерации, а также на отсутствие положений о сроках подачи надзорной жалобы. Обосновывается позиция о необходимости дальнейшего развития надзорного производства по делам об административных правонарушениях как важнейшего правового инструмента судебной защиты конституционных прав и свобод граждан нашей страны. The article analyzes problems of reviewing cases of administrative of- fenses under the supervisory review procedure, including the combination of provi- sions concerning the review of cases in various instances in Articles 30.12–30.19 of the Administrative Code of the Russian Federation. The authors draw attention to the absence in the law of the possibility of revision at the supervisory stage of decisions on supervisory complaints issued by the courts of the constituent entities of the Russian Federation, as well as the lack of provisions on the deadline for filing a supervisory complaint. The position on the need for further development of super- visory proceedings in cases of administrative offenses as the most important legal instrument for judicial protection of the constitutional rights and freedoms of citizens of our country is substantiated.

Review of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the legal regime of martial law

Review of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the legal regime of martial law

Особенности применения ч. 1. ст. 19.3 КоАП РФ при невыполнении законного требования сотрудника полиции о прекращении эксплуатации автомобиля с недостаточной светопропускной способностью стекол

Introduction. Driving a disabled vehicle with windscreens equipped with windows which light transmission does not comply with the requirements of the technical regulations on safety provides for administrative liability under Part 3.1 of Article 12.5 of the RF Code of Administrative Offences. The requirements issued by road safety police officers to stop unlawful actions have no clear legislative regulation; there are no sanctions in case ofreoffending. The purpose of the study is to determine the feature of the objective side of the administrative offence under Part 1 of Article 19.3 of the RF Code of Administrative Offences, when using a car with insufficient light transmission of windows. Methods. The methodological basis of the study is formed by dialectical method of cognition as a fundamental method of scientific analysis of the social and legal reality, as well as general scientific methods of research: theoretical analysis, comparative study of law, technical and legal analysis, specification, clarification and interpretation. Results. According to the legal experience, drivers who disobeyed orders to remove the vehicle malfunction and repeatedly reoffended under Part 3.1 of Article 12.5 of the RF Code of Administrative Offenceshave become subject to administrative liability in accordance with Part 1 of Article 19.3 of the RF Code of Administrative Offences. If a police officer has violatedthe procedure, the judicial authorities stop proceedings due to the lack of evidentiary support based on which the decree was issued. Conclusion. The legal basis for bringing a person to administrative liability under Part 1 of Article 19.3 of the RF Code of Administrative Offences comes into existence at the moment of driving a disabled vehicle, in which the operation of vehicles is prohibited in accordance with the Highway Code. Driving a vehicle with windows, the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles, is a violation of the Highway Code. Disobedience to the lawful demand of a police officer to stop the operation of a vehicle with insufficient light transmission of windows shall form the objective side of an administrative offence under Part 1 of Article 19.3 of the RF Code of Administrative Offences.

К вопросу о некоторых проблемах межотраслевого взаимодействия уголовного и административно-деликтного законодательства

The article highlights and analyzes the problems of criminal and administrative legislation related to deviations from the principles of consistency and fairness of law. The present article delves into the consideration of the actual problem associated with the peculiarities of differentiation of legal responsibility for falsification of vari-ous evidence in criminal cases and cases of administrative offenses. The author analyzed the current legisla-tion establishing administrative and criminal liability for falsification of the specified evidence, distinguished the features and problems of regulation and differentiation of these types of legal liability for the committing these unlawful acts. The work uses dialectical, analytical, comparative legal and other methods. Based on the con-ducted research, the author formulated specific conclusions and proposals aimed at improving the regulation of liability for falsification of evidence in an administrative offense case.

Особенности правоприменительной практики по делам о пропаганде либо публичном демонстрировании нацистской атрибутики или символики (на примере административной ответственности)

The fight against extremist manifestations requires proper legal regulation and uniform law enforcement practice, careful study and proper methodological support. The paper reveals the peculiarities of law enforcement practice in cases of administrative offenses on propaganda or public display of Nazi paraphernalia or symbols. Based on the provisions enshrined in the strategic national interests, it is concluded that improving the legal regulation of the prevention of extremism is a key area of ensuring state and public security, in connection with which, the work formulated relevant proposals to minimize illegal actions of an extremist orientation, including among young people

Current issues of administrative responsibility for bullying (harassment) of a participant of the educational process

The article is devoted to the topical issue of administrative responsibility for bullying (harassment) of a participant of the educational process as an important protective legal measure, a measure of administrative coercion designed to ensure effective countermeasures against such a phenomenon as bullying (harassment). The article examines various definitions of the concept of administrative responsibility given by scientists and proposes its own definition. We consider the grounds of administrative responsibility to be normative, factual and procedural, for the conducted research the factual basis is particularly important, that is, the commission of an administrative offense, the composition of which is fixed in Article 173-4 of the Code of Ukraine on Administrative Offenses (hereinafter - CAOU) - bullying (harassment) of a participant of the educational process. Having analyzed the composition of this offense, it becomes obvious how imperfect and contradictory this norm is, which is revealed in the study and relevant suggestions and recommendations are provided.
 Emphasis is placed on the importance of the correct qualification of an illegal act that contains signs of bullying, as it has a wide variety of manifestations and can be qualified as a corresponding criminal offense that entails criminal, not administrative, liability.
 Having studied the composition of the administrative offense of bullying (harassment) of a participant of the educational process, it was established that the first part, as well as the third and fourth parts of Art. 173-4 of CAOU provide that this administrative offense can be committed by minors or minors between the ages of fourteen and sixteen, thus classifying these persons as subjects of an administrative offense, which contradicts both the general theory of law, the theory of administrative law, and norms of CAOU itself; at the same time, in this case, the legislator assigns administrative responsibility for bullying to parents or persons who replace them, which contradicts many important principles of administrative responsibility. Article 12 of CAOU establishes that persons who have reached the age of sixteen at the time of committing an administrative offense are subject to administrative liability. Based on this regulatory provision, it is generally recognized in administrative law that the subject of an administrative offense is a compos mentis individual who has reached sixteen years of age at the time of committing an administrative offense. If an illegal act, which objectively has the characteristics of an offense provided by administrative legislation, was committed by a person who has not reached the age of 16, then such an act cannot be recognized as an administrative offense, since there is no subject of the offense, and therefore the composition of the offense, such actions in the theory of law are recognized as objectively illegal actions. Therefore, we point out the impossibility of considering as an administrative offense an act that has signs of bullying and which is committed by minors and minors between the ages of fourteen and sixteen, as stipulated in Article 173-4, because there is no composition of an administrative offense due to the absence of the subject of the offense, and therefore, there is no factual basis for administrative responsibility for such actions, and therefore it cannot be applied in this case. As a result of the research, it is proposed to amend Articles 173-4 and 184 of the Code of Ukraine on Administrative Offenses in order to bring them into line with other Code norms, provisions of the general theory of law and the science of administrative law, and the principles of administrative responsibility.

"Systematic Nature" of domestic violence: issues of interpretation

The article examines the interpretation of the characteristic of «systematic nature» in the commission of such acts. The authors note that since the enactment of the law on criminal responsibility for domestic violence, there has been no unified approach in criminal legal doctrine and judicial practice regarding the criteria for establishing the systematic nature of the act. This lack of consensus has led to errors in distinguishing between administrative offenses under Article 173­2 of the Code of Ukraine on Administrative Offenses (hereinafter - CAO) and criminal offenses under Article 126-1 of the Criminal Code (hereinafter - CC) of Ukraine.
 The article analyzes a range of theoretical and practical questions, the resolution of which is crucial for the accurate qualification of actions as one of the key prerequisites for achieving justice and ensuring the rule of law. These questions include: 1) what quantity of acts (of any form of domestic violence) indicates systematic nature, and thus provides grounds for qualification under Article 126-1 of the CC of Ukraine? Does systematic nature (as a basis for qualifying the act under Article 126-1 of the CC of Ukraine) involve the prior imposition of administrative liability on an individual for committing domestic violence? 2) if the acts are systematic (occurring three or more times) but do not result in the consequences specified in Article 126-1 of the CC of Ukraine, is it an administrative offense or a crime? 3) does the systematic nature of committed acts (three or more times) imply a presumption of the occurrence of consequences as specified in the disposition of Article 126-1 of the CC of Ukraine?
 The authors establish that due to the absence of a unified approach to defining the content of quantitative and qualitative criteria for the systematic nature as a criminalizing feature of domestic violence, errors occur in holding individuals criminally responsible. This situation necessitates a unified approach to this issue. To address this, the authors propose formalizing this characteristic by amending Article 126-1 of the CC of Ukraine with a note containing a clear definition of the quantitative and qualitative criteria for the systematic nature of the act.

Аdministrative responsibility in the field of town planning

The article is devoted to issues of administrative liability for offenses in the field of urban planning. The article draws attention to the shortcomings of the current legislation on administrative offenses and proposes measures to eliminate them. It is noted that urban planning activity is precisely the complex activity of state bodies and citizens for the formation and further development of common interests, territories, spaces, which involves a sequence of stages and is based on a close well- founded relationship and interdependence on socio-economic forecasting conditions. After all, the presence of such interconnection and interdependence is the main feature of urban planning legislation, which occupies a special place in the system of administrative law. Administrative liability in the field of construction arises in case of violation of the requirements of administrative legislation and urban planning. Therefore, the subjects of administrative offenses in the field of construction are social relations regulated by both administrative and urban planning law. This classification of administrative offenses by the subject of the offense is correct, as it allows to identify the signs of this element in the composition of the offense and to resolve the issue of the application of certain norms to the relevant social relations.
 Administrative responsibility for violations of legislation in the field of urban planning activities with a land and environmental component is only a small part of the total volume of «urban planning» components of the Administrative Code of Administrative Offenses. In view of this, it is important to point out the inter-branch nature of the relations of administrative responsibility for violations of the legislation on urban planning activities.
 Summarizing the results, the author concludes that an administrative offense in the field of urban planning is an illegal, culpable act (inaction) of a natural or legal person that violates the requirements of project documentation and normative documents in the field of construction, as well as the established order of construction, reconstruction, capital repair of objects of capital construction, putting it into operation, for which administrative responsibility is established by current legislation.

The Concept and Content of the Principle of Immediacy and Guarantees of its Implementation in Administrative Proceedings

The author elucidates the concept and content of the principle of immediacy and guarantees of its implementation in administrative proceedings. The analysis of the Code of Administrative Offences of the Russian Federation, the Arbitrazh Procedural Code of the Russian Federation, the standings of higher courts and law enforcement practice allows us to determine the elements of the principle of immediacy in administrative proceedings. Their systematic consideration indicates the need to consolidate this principle in the Code of Administrative Offences of the Russian Federation and eliminate the shortcomings contained in the current legislation. The principle of immediacy in administrative proceedings is defined as procedural requirements, expressed in the fact that the circumstances included in the standard of proof and relevant to the case can be established by evidence, the content of which was investigated during the case consideration according to personal perception of the participants (subjects) of administrative jurisdiction with the provision of equal rights to participants in the proceedings in their study, discussion and analysis by means of mandatory verbalization.

Совершенствование законодательства о борьбе с пропагандой употребления и распространения наркотических средств и психотропных веществ

The purpose of the work is to develop proposals for optimizing measures aimed at preventing the spread and popularization of the use of narcotic drugs and psychotropic substances on the territory of the Russian Federation. The methodological basis of the study was the logical, dialectical method, the method of theoretical forecasting and theoretical research. Conclusions: the authors come to the conclusion that it is necessary to expand the concept of ‘propaganda’ of narcotic drugs and psychotropic substances. It is proposed to amend the Code of the Russian Federation on Administrative Offenses and the Federal Law ‘On Narcotic Drugs and Psychotropic Substances’ in order to determine the illegal nature of covert propaganda and advertising of the use and distribution of narcotic drugs and psychotropic substances. The scientific and practical significance of the work lies in substantiating the need for reforms of the current institutional and legal framework, as well as improving forms of counteraction to criminal groups specializing in the production and sale of narcotic drugs and psychotropic substances.

Проблемы квалификации незаконного оборота растений и их частей, содержащих психоактивные вещества, а также грибов, содержащих псилоцибин и (или) псилоцин

Purpose: research of such items of illicit drug trafficking as plants and plant parts containing psychoactive substances. Methodology: study and analysis of judicial practice of higher courts and scientific research of natural science specialists; formal legal and technical legal methods. Conclusions: there is a lack of due attention to the problem of selling narcotic plants and their parts, as well as narcotic mushrooms using information and telecommunication networks (including the Internet); the question is raised about the selection of mushrooms containing psilocybin and (or) psilocin from the List of plants containing psychoactive substances, since mushrooms are not plants. Scientific and practical significance: the authors propose the dispositions of art. 228, part 1 art. 228.1, art. 229.1 and art. 231 of the Criminal Code of the Russian Federation, as well as the dispositions of the relevant articles of the Code of Administrative Offenses of the Russian Federation, after the words ‘...or their parts containing narcotic drugs or psychotropic substances’, add the words ‘mushrooms containing psilocybin and (or) psilocin’. Also part 2 of art. 228 of the Criminal Code of the Russian Federation should be supplemented with the words: ‘Acquisition of items specified in Part 1 of this article using the media or electronic or information and telecommunication networks (including the Internet)’, which in general will make it possible to suppress their illegal trafficking.

The specifics of the subjects of crimes with administrative prejudice in the field of road safety

The subject of this study is the key features of the perpetrators of crimes against road safety, the legal construct of which is made using administrative law. The special status of persons committing crimes of this kind is emphasized by gross disregard for the rules established by law, disregard for the regulations in force against them. Based on the analysis of statistical indicators of road traffic accidents caused by drivers of vehicles, the public danger of committing such criminal acts is justified. These acts imply the onset of criminal consequences only if the person who committed them has special features. The emphasis in this case is on the increased danger of the subjects themselves committing intentional violations of traffic rules, referring them to the malicious type of violators with legal nihilism. To define the concepts of this study, a dialectical methodology was used; in order to comprehensively understand the key features of subjects of crimes with administrative prejudice in the field of road safety, elements of sociological methodology were used. In the study of individual issues, private scientific methods were used, such as formal legal and comparative legal. The results of the conducted research are presented by the classification of signs possessed by the subjects of crimes with administrative prejudice in the field of road safety, their characteristics are given. The connection between the administrative prejudice and the subject as an element of the corpus delicti is substantiated, which, first of all, is justified by the assessment of the social danger of the offender and the choice of a preventive measure commensurate with the social danger of the offender. An important role in assessing public danger is played by determining the psychological portrait of the person who committed the crime, which covers the chronology of his administrative offenses and the frequency of violations of the same prescription. Based on the data obtained about the subject of the crime, the principles of proportionality of punishment and personal responsibility are implemented. In this case, these principles imply the influence of administrative prejudice on the fair distribution of sanctions, and previous administrative offenses aggravate the responsibility of the person.

Administrative and legal aspects of voter information in the Russian Federation

The object of the study is the system of information support for voters in the Russian Federation. The subject of the scientific article is the administrative and legal aspects of informing Russian voters, analyzed in the context of modern socio-political processes. The authors consider in detail such aspects of the topic as the ratio of information and campaigning in the course of public administration of elections, responsibility for administrative offenses in the field of information support of the electoral process, the ambiguity of the administrative and legal status of a candidate in elections and the problems of administrative and legal regulation of voter information carried out by various subjects. Special attention is paid to the problems and prospects for the development of administrative and legal regulation of voter information in the context of today's technological and geopolitical challenges. Based on the understanding of modern scientific research and innovative approaches, as well as the experience of the 2024 election campaign for the election of the President of the Russian Federation, the authors also touch upon some problems of digitalization of the electoral process. The study is based on a systematic approach that allows us to study the mechanism of public administration of voter information as a set of inextricably interrelated and interacting elements organized as a single whole. The work uses a whole range of scientific research methods: formal-logical; comparative-legal; sociological and so on. The main conclusions of the conducted research are the authors' proposals with scientific novelty on clarifying the status of a candidate and legislative legal differentiation of the statuses of "registered" and "nominated candidates", clearer administrative and legal regulation of the voter information mechanism carried out by various entities, and the introduction of administrative responsibility directly for violations in the field of voter information.