Repetition as an administrative and pre-judicial sign for establishing criminal liability for driving a vehicle by a minor driver who does not have the right to drive

Purpose: The purpose of this article is to identify the need to establish criminal liability for driving a vehicle underage driver, without the right to drive a vehicle, re-committed the administrative offense under part 1 of article 12.7 KoAP of the Russian Federation. Methodology: Using formal-legal and comparative-legal research methods, the author analyzes the judicial practice in this area at the moment, and also determines the reasons for the frequent repetition of the Commission of an administrative offense by minors under part 1 of article 12.7 of the administrative Code of the Russian Federation. Results: As a result of the conducted research, the author makes the assumption that such a frequent repetition of the analyzed administrative offense committed by adolescents is due to the fact that the lack of legal regulation leaves the minor virtually out of the field of administrative, and even more so, criminal responsibility. Due to the criminal connivance of parents (legal representatives) and the imperfection of the law, teenagers feel impunity and commit administrative offenses that provide for administrative responsibility under part 1 of article 12.7 of the administrative Code of the Russian Federation repeatedly, thereby threatening the rule of law in the field of traffic, as well as the life, health, property of other road users. Novelty/originality/value: The author makes a proposal on the need to provide in criminal law that the repetition of committing an administrative offense under part 1 of article 12.7 administrative code is the administrative-prejudicial basis for the characterization of an act as a crime and in case of repetition (within 1 year from the moment of bringing to administrative responsibility) is to attract a minor driver of the vehicle, not having the right of management to criminal liability, for what to add article 264.1 the criminal code part 2. And, in the absence of the teenager’s own source of income to replace the administrative fine or penalty as a criminal punishment, punishment in the form of obligatory or corrective works, appointed by the minor based on age and the rules of the labour code concerning the regulation of work by minors, given the state of the health of minors.