Administrative precedence in the context of a multisectoral understanding of its features in the criminal law of Russia and Belarus

Abstract

The article discusses the understanding of administrative precedence in the criminal law of the Russian Federation and the Republic of Belarus. The author raises the problem of understanding the administrative precedence through the prism of the time when the crime was committed and the retroactive effect of the criminal law. The question of the validity of bringing a person to criminal and administrative responsibility in the event of a crime with signs of administrative precedence is also discussed. The author concludes that the administrative precedence is a sign of the subject of the crime, and not of the objective side of the corpus delicti. It is also justified that bringing a person for repeated or repeated offenses to administrative rather than criminal responsibility cannot in the future serve as a repeated basis for the perpetrator to be prosecuted for a set of repeated identical acts. For this reason, no one can be held responsible twice for the same act.