Phenomenon of administrative prejudice in Russian penal law

The article examines the institution of administrative prejudice in the Russian penal law. It is emphasized that the latter has historical roots: it found its “representation” in the Criminal Code of the RSFSR of 1922 and 1960. It is acknowledged that modern Russia is moving towards the active use of prejudicial norms in penal law. The author observes that prejudice within the meaning of the provisions of the Russian Code of Commercial Procedure, the Russian Code of Civil Procedure and the Russian Code of Administrative Procedure has nothing in common with its understanding under penal law. The article also takes positions for and against the prejudicial criminal law construct. In conclusion, it is concluded that the institution of administrative prejudice requires further reflection, both by representatives of the scientific community and by practitioners. Furthermore, the author proposes his own definition of administrative prejudice, which could be regulated in Article 847 of the Criminal Code of the Russian Federation.