Institute of administrative prejudice: concept, essence, technique

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Introduction: the article explores the main problems associated with the concept and essence of administrative prejudice, the basic methods of formation legal norms containing administrative prejudice are researched. Materials and methods: the normative basis of the researching consists of the norms of administrative and criminal legislation regulating issues related to administrative prejudice, and the criminal law norms that fix the prejudicial corpus delicti. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, the methods of logical deduction, induction, cognitive methods, comparison, analysis, synthesis and description. Results of the study: of the researching made it possible to formulate recommendations and proposals aimed at improving the institution of administrative prejudice. Findings and conclusions: for the unification of norms with prejudicial elements of crimes, and for a uniform approach to the design of these norms, it is necessary to legislatively fix the concept of administrative prejudice in the Criminal Code of the Russian Federation. When formulating prejudicial corpus delicti, it is necessary: a clear justification of two- or threefold prejudice, taking into account the real state of the dynamics and growth of crime and other necessary factors when using the number of similar acts committed as a criterion; a similar unlawful act is committed, adhere to uniformity and equate this period to the period during which the person is considered to have been subjected to administrative punishment when used as a criterion for the period.

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Administrative offense, administrative prejudice, crime, repeatability, prejudicial composition

Короткий адрес: https://sciup.org/143173206

IDR: 143173206   |   DOI: 10.24411/2312-3184-2020-10045

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