Administrative Prejudice as an Interdisciplinary Institute

The article examines a number of topical issues today related to the interpretation of administrative prejudice and its features as an interdisciplinary institution of criminal law in Russia, the problems of using administrative prejudice in qualifying certain crimes, which is due to both the development of domestic law and the policy of the state in terms of criminalization and, on the contrary, decriminalization of certain acts. The concepts of "prejudice" and "the state of prejudice" are analyzed from the point of view of the development of the legal system as a whole. The main features of administrative prejudice and their essence are determined, based on the structure of the gravamen of a charge of some crimes by the legislator. The article considers the concept of administrative prejudice as a "legal category", "legal means", "legal structure". An analysis of individual articles of the Criminal Code of the Russian Federation, containing an administrative prejudice, was carried out, during which some difficulties of their interpretation and law enforcement were identified. In the course of a comprehensive analysis of the norms of criminal and administrative law, the basic principles of the application of administrative prejudice were established in the context of the need to distinguish between administrative and criminal liability. The positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, in conjunction with the main approaches to the problem of the expediency of enshrining administrative prejudice in the criminal law of Russia, at the legislative level, are considered. The main gaps in the intersectoral differentiation of responsibility are identified, and recommendations for their elimination are developed, an assessment of the possibility of introducing administrative prejudice as an interdisciplinary institution is made, and the conditions under which this institution can show its effectiveness, including from the point of view of the application of criminal law, are shown.

administrative prejudice, prejudice, crime, offense, criminal law, transformation of the responsibility