{"title":"关于受行政处罚的人犯小偷小摸罪的一些定性问题","authors":"K. S. Neshchadimova","doi":"10.18287/1810-4088-2020-15-1-41-46","DOIUrl":null,"url":null,"abstract":"The article examines the problems of administrative prejudice in the criminal law on the example of the operation of regulations stipulated in the Article 1581 of the Criminal Code of the Russian Federation. A legal and technical analysis of the composition of petty theft of other peoples property, committed by a person subjected to administrative punishment. Some controversial issues of qualification of the analyzed criminal offense are considered. Attention is focused on the moment of the end of petty theft of other peoples property, committed by a person subjected to administrative punishment. The issue of necessity and expediency of increasing the cost threshold of petty theft of other peoples property is considered. The article also suggests other ways to improve the criminal legislation of Russia and the practice of its application, aimed at reducing the level of mercenary property crime in the country. It is shown that despite the fact that the appearance of Article 158.1 of the Criminal Code of the Russian Federation is connected with the introduction of administrative prejudice and, as a result, the criminalization of acts provided for by this Code, the latest law enforcement practice shows an insufficiently high level of effectiveness of this criminal law institution.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"ABOUT SOME QUESTIONS OF QUALIFICATION OF PETTY THEFT COMMITTED BY A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT\",\"authors\":\"K. S. Neshchadimova\",\"doi\":\"10.18287/1810-4088-2020-15-1-41-46\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article examines the problems of administrative prejudice in the criminal law on the example of the operation of regulations stipulated in the Article 1581 of the Criminal Code of the Russian Federation. A legal and technical analysis of the composition of petty theft of other peoples property, committed by a person subjected to administrative punishment. Some controversial issues of qualification of the analyzed criminal offense are considered. Attention is focused on the moment of the end of petty theft of other peoples property, committed by a person subjected to administrative punishment. The issue of necessity and expediency of increasing the cost threshold of petty theft of other peoples property is considered. The article also suggests other ways to improve the criminal legislation of Russia and the practice of its application, aimed at reducing the level of mercenary property crime in the country. It is shown that despite the fact that the appearance of Article 158.1 of the Criminal Code of the Russian Federation is connected with the introduction of administrative prejudice and, as a result, the criminalization of acts provided for by this Code, the latest law enforcement practice shows an insufficiently high level of effectiveness of this criminal law institution.\",\"PeriodicalId\":329485,\"journal\":{\"name\":\"Juridical Analytical Journal\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-11-08\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Juridical Analytical Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18287/1810-4088-2020-15-1-41-46\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Analytical Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18287/1810-4088-2020-15-1-41-46","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
ABOUT SOME QUESTIONS OF QUALIFICATION OF PETTY THEFT COMMITTED BY A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT
The article examines the problems of administrative prejudice in the criminal law on the example of the operation of regulations stipulated in the Article 1581 of the Criminal Code of the Russian Federation. A legal and technical analysis of the composition of petty theft of other peoples property, committed by a person subjected to administrative punishment. Some controversial issues of qualification of the analyzed criminal offense are considered. Attention is focused on the moment of the end of petty theft of other peoples property, committed by a person subjected to administrative punishment. The issue of necessity and expediency of increasing the cost threshold of petty theft of other peoples property is considered. The article also suggests other ways to improve the criminal legislation of Russia and the practice of its application, aimed at reducing the level of mercenary property crime in the country. It is shown that despite the fact that the appearance of Article 158.1 of the Criminal Code of the Russian Federation is connected with the introduction of administrative prejudice and, as a result, the criminalization of acts provided for by this Code, the latest law enforcement practice shows an insufficiently high level of effectiveness of this criminal law institution.