Problems and Prospects of Administrative Prejudice in the Criminal Law of Russia

E. V. Bezruchko, E. V. Millerov, A. A. Podoprigora
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Abstract

Introduction. The emergence and then increase during the current decade of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation (hereinafter referred to as the Code, the Criminal Code of the Russian Federation) proves the good result achieved by the legislators in implementation of this legal construct of the Special part of the Code, as well as the efficiency of this tool in fulfilling the current policy of our state referring to the criminal law. Every year a number of such kind of corpus delicti in the Code is only increasing, which indicates the correctness of the policy taken by the legislators more than ten years ago on integrating it into the Code. The aim of the study is to identify the features and problems in the legislative design of the corpus delicti with the administrative prejudice in the Russian criminal law and to propose ways to optimize the corpus delicti of particularly this kind of offences.Materials and Methods. The methodological basis of the research are the provisions of the national criminal law, for which the corpus delicti with administrative prejudice are foreseen, studied both in historical and present day aspects, criminal laws of the near-abroad countries, as well as the scientific works of the researchers studying this topic. The following methodological tools have been used during the research: the general scientific, as well as some specific scientific methods, i.e., dialectical, system analysis, legalistic, comparative legal and other methods.Results. The historical and present day aspects of the administrative prejudice application in design of corpus delicti, the features of design of the corpus delicti with administrative prejudice and various variants of prejudice integrated by the legislators in the acting criminal law of the Russian Federation have been analysed. The legislative examples of the administrative prejudice application in some of the Criminal Codes of the CIS countries have been provided. The authors’ own standpoint regarding the presence of the corpus delicti with administrative prejudice in the Criminal Code of the Russian Federation has been expressed. The authors’ conclusions and suggestions on optimisation and expansion of such norms in the acting criminal law of the Russian Federation have been made. The tendency for the further increase of the number of corpus delicti with administrative prejudice in the acting Criminal Code of the Russian Federation has been supported.Discussion and Conclusion. The conducted research is considered important for the Russian juridical science due to the classification of the prejudices presented by the authors, which implies the availability of "classical" (simple) and "double" (complex) administrative prejudice in the corpus delicti. The amendments proposed by the authors to a number of provisions of the Special part of the Code, in particular, to Articles 180, 213, 330 of the Criminal Code of the Russian Federation about including the administrative prejudice, as a mandatory feature of the objective side of the above corpus delicti, are recommended to be used in further research of the corpus delicti with administrative prejudice
俄罗斯刑法中行政预断的问题与前景
导言。俄罗斯联邦现行《刑法典》(以下简称《法典》或《俄罗斯联邦刑法典》)中带有行政偏见的犯罪事实 数量在近十年来的出现和增加证明了立法者在执行《法典》特别部分的这一法律结构方面所取得的良好 成果,以及这一工具在履行我国现行刑法政策方面的效率。刑法典》中此类犯罪事实的数量每年都在增加,这表明十多年前立法者将其纳入《刑法典》的政策 是正确的。本研究的目的是确定俄罗斯刑法中带有行政偏见的犯罪事实的立法设计特点和问题,并提出优化犯罪事实(尤其是此类犯罪)的方法。研究的方法论基础是国家刑法条款(其中规定了带有行政偏见的犯罪事实)、历史和现代方面的研究、近邻国家的刑法以及研究该主题的研究人员的科学著作。研究过程中使用了以下方法工具:一般科学方法以及一些特殊的科学方法,即辩证法、系统分析法、法理学、比较法和其他方法。研究分析了在设计犯罪事实时适用行政偏见的历史和现状、设计带有行政偏见的犯罪事实的特点以 及立法者在俄罗斯联邦现行刑法中纳入的各种偏见变体。还提供了一些独联体国家《刑法典》中适用行政预断的立法实例。作者就《俄罗斯联邦刑法典》中存在带有行政偏见的犯罪事实表达了自己的观点。作者就俄罗斯联邦现行刑法中此类规范的优化和扩展提出了结论和建议。讨论与结论》支持进一步增加《俄罗斯联邦刑法典》中带有行政偏见的犯罪事实数量的趋势。由于作者对偏见进行了分类,这意味着在犯罪事实中存在 "经典"(简单)和 "双重"(复杂)行政偏见,因此所进行的研究被认为对俄罗斯司法科学具有重要意义。建议在进一步研究带有行政偏见的犯罪事实时采用作者对《刑法典》特别部分若干条款,特别是对《俄罗斯联邦刑法典》第 180、213、330 条提出的关于将行政偏见作为上述犯罪事实客观方面的强制性特征的修正案。
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