Distinction of administrative offenses and crimes in the legislation of the Soviet period (1917-1991)
Автор: Izyumova Ye. S.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Административное право и процесс
Статья в выпуске: 3 (30), 2021 года.
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Noting the prospect of reforming the main provisions of administrative, tort and criminal legislation, which are of significant theoretical and practical importance, believing that it should be carried out taking into account historical development, on the basis of conceptual developed scientific theory, the author considers it necessary to turn to the prerequisites for the formation of the institution of administrative responsibility, the grounds for their distinction with criminal responsibility, which determined its peculiarities. Analyzing the sources of Russian police and criminal law, the author concludes that it is the basis for distinguishing the crime from the administrative offense that distinguishes responsibility for “minor crimes” and “misconduct”, which arose in imperial Russia from the resulting administrative responsibility in the Soviet state. On the basis of the historical and legal method, the author concludes that the administrative and tort law had a long and contradictory period of formation, having acquired historically determined features and features dating back to the Soviet period, a number of which do not correlate with the modern state and directions of development of the Russian state. In this regard, the author believes that it is important to implement a comprehensive public policy in the field of public legal responsibility, which should be aimed at updating the existing legislation, taking into account its historical and theoretical understanding, a clear distinction between crime and administrative offense, and in the future criminal misconduct, their prevention and prevention.
Soviet period, administrative responsibility, administrative offense, crime, criminal misconduct, delimitation of concepts, reform of administrative responsibility
Короткий адрес: https://sciup.org/14121133
IDR: 14121133