Administrative prejudice in criminal law: pro et contra

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 administrative 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 phenomenon are represented. Since there is no unambiguous understanding of administrative prejudice as a criminal law category in theory and law enforcement 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 prejudicial rules in order to ensure a unified approach to their construction.