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Regular version of the site
Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Aleksey Kopshev
Prejudice in Criminal Law
Jurisprudence
(Bachelor’s programme)
2017
At present the problem of administrative prejudicial effect that has not received any detailed theoretical development is relevant. However, in the absence of scientific basis, the legislator complements the existing Criminal Code of the Russian Federation with elements of an offence with the administrative prejudicial effect. Studying all possible definitions of the said institute, one can speak about the similarity of the legal nature of administrative and criminal responsibility and the possibility of cross-sectoral differentiation of legal responsibility through administrative prejudicial effect in criminal law. From the point of view of author, the best solution is considering this legal phenomenon as a special means of legal techniques. This interpretation of administrative prejudice reflects its specificity in a narrow sectoral sense. Moreover, this legal phenomenon can be defined in a broader sense, reflecting primarily its cross-sectoral nature of the position criminal policy. The article concludes the conclusions about administrative prejudice as a means of decriminalizing a number of trains of economic crimes by incorporating them into the Code of the Russian Federation on Administrative Offenses. It is important to fundamentally change the ideological vector of the evaluation of administrative prejudice as a purely punitive institution on the means of decriminalizing criminal offenses. The article explores the features of objective and subjective elements of offences with administrative prejudicial effect. The author makes a conclusion about the admissibility of administrative prejudice in the criminal legislation of Russia, but leaves open the question of its necessity.

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