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О понимании административной преюдиции как особого средства юридической техники и расширении ее использования в Уголовном кодексе Российской Федерации
Право. Журнал Высшей школы экономики. 2016. № 4. С. 31–42.
In the beginning of the article analyzes the trend of increasing in the Сriminal code of the Russian Federation the number of criminal law prohibitions, constructed using administrative prejudice. Currently in the Special part of the Сriminal code of the Russian Federation contains nine articles that contain such prohibitions. It is noted that all introduced criminal law prohibitions with administrative prejudice different in its design features. With the implementation of some of them in law enforcement practice, serious difficulties arise. It is concluded that the use of administrative prejudice in the design of criminal law prohibitions should be scientifically substantiated. At the same time along with the practical problems of application of the relevant criminal law prohibitions, there is a problem in the understanding of administrative prejudice. In the doctrine of criminal law, some scholars in determining administrative prejudice trying to do exclusively concepts of criminal law (sectoral) concepts, others scholars are using mostly theoretical constructs. Defining administrative prejudice, the scientists also different emphases in the understanding of its legal nature and essence: in the main, see it as a phenomenon exclusively of law enforcement practice, or primarily as a phenomenon of legal (legislative) techniques. Administrative prejudice is determined by the concept of "prejudicially (legal) relationship", "specified relationship", "part of the process of proof", "legal rule", "a special way of verification of the facts", "legal" elements of crimes", "the reception of legal technique", etc. According to the author's best is a consideration of this legal phenomenon as a special means of legal techniques along with the legal axioms, presumptions and fictions. This understanding of administrative prejudice reflects its specificity in a narrow sectoral sense, however, it is a legal phenomenon can be defined in a broader sense, reflecting primarily its cross-sectoral nature of the position legal (criminal) policy. From the position of the approach the scholars point out that administrative prejudice is a "special relationship of criminal and administrative law", "means of criminalization and decriminalization", "means of prevention of crimes", "means of combating criminality", etc.