QUESTIONS OF QUALIFICATION OF CRIMES WITH ADMINISTRATIVE PREVENTION ON THE EXAMPLE OF ARTICLE 1581 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The relevance of the study is due to the specificity of the offenses provided for by the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation). Among the diversity of their types, special attention should be focused on crimes with administrative prejudice, since their design and qualification process have their own specific features that need to be taken into account in practice. The establishment of a prejudicial fact, the existence of which determines the existence of a corpus delicti with administrative prejudice, necessitates a detailed study of the qualification process. The aim of the study is to determine the stages of qualification and the specifics of the composition of crimes with administrative prejudice, using the example of art. 1581 of the Criminal Code. The subject of the research is the specifics of the process of qualifying crimes with administrative prejudice, as well as the characteristics of the composition characteristic of the investigated crimes. In the process of research, dialectical, general scientific (induction, deduction, analysis, synthesis, concretization, abstraction) and private-scientific (formal legal, comparative legal) research methods were used, which allowed for example of art. 1581 of the Criminal Code of the Russian Federation, determine the specifics of corpus delicti with administrative prejudice, draw general conclusions regarding the construction of corpus delicti with administrative prejudice. In the content of the work, taking into account the criminal law provisions in science, regarding the stages of crime qualification, the main stages of qualifying crimes with administrative prejudice are revealed. Separately, the features specific to the qualification of crimes with administrative prejudice are highlighted. For example, art. 1581 of the Criminal Code of the Russian Federation conducted a detailed study of all elements of the elements of crimes with administrative prejudice. The paper presents a comparative analysis of the classic corpus delicti and the corpus delicti with administrative prejudice. The novelty of the article is due to the fact that the proposed author's vision of the stages of qualification of crimes with administrative prejudice, the features of the elements of crimes with administrative prejudice are also identified and justified. The main results of the work are reflected in the conclusion, where the results regarding the qualification stages of prejudicial corpus delicti are summed up, points that must be taken into account when qualifying crimes with administrative prejudice are indicated. In the course of the study, the distinctive features of the individual elements of the crime were clearly highlighted, the issue of the possibility of committing a crime in complicity was considered by the example of art. 1581 of the Criminal Code. The results obtained in the course of the study are aimed at practitioners engaged in preliminary investigation, justice, and can be used by the science of criminal law for the subsequent study of prejudicial compositions. When qualifying crimes with administrative prejudice, it is necessary to take into account that a similar unlawful act was committed during the period of administrative punishment. The corpus delicti does not fit into the classical theory that exists in criminal law, since the object, the objective side and the subject change. The above features should be taken into account in practice for the correct qualification of offenses.

административная преюдиция, административное наказание, квалификация, мелкое хищение, состав преступления