Administrative Prejudice in Criminal Law as an Interdisciplinary Mechanism of Qualification and Transformation of Legal Responsibility
Автор: Sibgatullin A.Y.
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовно-правовые науки
Статья в выпуске: 4 (62) т.16, 2025 года.
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Introduction: the article is devoted to the study of administrative prejudice as an interdisciplinary legal mechanism that ensures the transition from administrative to criminal liability based on the repetition of unlawful behavior. The relevance of the topic is due to the need to clarify its normative nature and role in the criminal law system. Materials and Methods: the study is based on an analysis of normative structures, doctrinal approaches and provisions of the criminal legislation of the Russian Federation, including articles of the Criminal Code of the Russian Federation containing signs of administrative prejudice. Formal-legal, comparative-legal and systematic methods are applied. Results: the key signs of administrative prejudice have been identified: the repetition of acts, the presence of a previously imposed administrative penalty, the time frame of the sanction and the transformation of the legal status of the entity. There is a lack of uniformity in the formulations and application criteria, which makes it difficult to qualify and violates the principle of legal certainty. Discussion and Conclusions: the necessity of normative unification of the signs of repetition, the duration of administrative punishment and mechanisms for verifying the legality of administrative decisions is substantiated. It is proposed to consider administrative prejudice as an indicator of a stable illegal orientation of behavior, which makes it possible to clarify its place in the structure of the corpus delicti and increase the effectiveness of criminal law regulation.
Administrative prejudice, criminal law, repetition, systematicity, qualification, public danger, corpus delicti, special entity, law enforcement, intersectoral mechanism, recidivism, administrative punishment, Criminal Code of the Russian Federation, Administrative Code of the Russian Federation, legal nature
Короткий адрес: https://sciup.org/142246817
IDR: 142246817 | УДК: 34 | DOI: 10.37973/2227-1171-2026-16-4-165-176