On the review of the legality of prosecutions administrative liability in criminal proceedings with administrative prejudice

Introduction: This article focuses on the practical issues of the application of prejudice in criminal proceedings for offences involving evasion of administrative supervision or repeated failures to comply with court-imposed restrictions under federal law. Materials and Methods: the empirical research was based on the materials of high-level courts, courts of general jurisdiction, archival criminal cases, the results of a survey of 77 investigators (interrogators) Of the Siberian Federal District, who studied under the vocational training program (initial training) at the BYU of the Ministry of Internal Affairs of Russia in 2022; the basis of the methodology was the dialectical method of cognition. The Results of the Study: the issue of ensuring stability and binding nature of judicial decisions has been examined from the point of view of the principle of freedom of evaluation of evidence. The conclusions are drawn from an analysis of judicial practice. Findings and Conclusions: the prejudicial significance of previously established facts cannot be an obstacle to their verification; refutation of the prejudicial significance of facts established by a court decision is possible only through the procedures provided for by the appropriate type of legal proceedings; if the circumstances that have been established within the framework of administrative, civil, criminal proceedings cause reasonable doubts in the person performing the proceedings, then this person, given that the doubtful circumstances may affect the fairness of the decision on the criminal case in his proceedings, should not be deprived of the opportunity to initiate a review of the decisions that have entered into force.