Some controversial issues of amendments and additions to the current Criminal Code of the Russian Federation

Автор: Bikkinin I.A., Poezzhalov V.B.

Журнал: Вестник Алтайской академии экономики и права @vestnik-aael

Рубрика: Юридические науки

Статья в выпуске: 12-1, 2020 года.

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The article discusses some of the changes made to the current criminal code of the Russian Federation from the moment of its adoption to the present time. The authors note the shortcomings of certain criminal law regulations and point out the need to make only such changes to the criminal law that will give it consistency and integrity. The researchers come to the conclusion that the adoption of the criminal code of the Russian Federation at one time marked a very clear line between a crime and an administrative offense, but over time this line began to be washed away by returning to the institution of administrative prejudice and introducing it into separate norms of criminal law. Quality and quantity are different concepts in terms of content, and quantity does not change the quality. Therefore, whatever the number of administrative offenses, the public danger characteristic of a criminal act, the named behavior does not and cannot acquire. A certain way out of this situation could be the introduction of a criminal offense, and the assignment to the number of offenses, including norms with administrative prejudice, however, in connection with the preparation of the draft of the new administrative Code of the Russian Federation, the issue of criminal misconduct is “frozen”. The convergence of the administrative code and the criminal code of the Russian Federation taking into account existing criminal policy will continue and the number of administrative-prejudicial norms will only increase.

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Criminal law, amendments to the criminal law, criminalization, decriminalization, system of criminal law norms

Короткий адрес: https://sciup.org/142225155

IDR: 142225155   |   DOI: 10.17513/vaael.1496

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