Administrative prejudice in modern criminal proceedings: theory and practice

Occupation: Honored Lawyer of the Russian Federation; the Deputy of the State Duma of the Russian Federation, First Vice-Chairman of the State Construction and Legislation Committee
Affiliation: State Duma of the Russian Federation
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 1

Pages

86-92

Abstract

Administrative prejudice in the Criminal Code of the Russian Federation appeared 10 years ago. Today, in the Criminal Code there are 13 such articles. Their application causes many questions from theorists and practitioners. The analyzed institute contradicts many principles of the Russian criminal procedure: the person bear responsibility for the first offense twice - primarily administrative, and then criminal responsibility; despite to the assertions of supporters of administrative prejudice it is not aimed at humanization of criminal law, but at strengthening its repressiveness; the first act is not investigated during preliminary investigation and is not explored in court; the military personnel of the Russian Federation and other persons with special ranks (about 2.5 million people in total) are not liable under the articles of the Criminal Code with administrative prejudice, this violates the principle of equality of all before the law.

The conclusions set forth in the article were formed during the debates on this issue, which were conducted under the author’s initiative for the last eight years while discussing relevant bills in profile committees and at plenary sessions of the State Duma of the Russian Federation.

The proposal is made, if not to exclude these rules of administrative prejudice from the Criminal Code of the Russian Federation, then at least to exclude the prejudice of court decisions on cases of administrative offenses from article 90 of the Code of Criminal Procedure of the Russian Federation.

The question of introducing such a bill will be resolved by the author, who is the Deputy of the State Duma of the Russian Federation, according to the comments on this publication, which may come from readers of this journal.

Keywords

prejudice, humanization of criminal law, insignificance of an act in criminal law, equality of all before the law, concept of guilt in criminal law, the Supreme Court of the Russian Federation

Received

25.07.2019

Publication date

02.02.2020

Number of characters

20963

Cite

GOST	Sinelshchikov Y. Administrative prejudice in modern criminal proceedings: theory and practice // Gosudarstvo i pravo – 2020. – Issue 1 C. 86-92 [Electronic resource]. URL: https://gospravo-journal.ru/S013207690008354-1-1 (circulation date: 08.05.2024). DOI: 10.31857/S013207690008354-1
MLA	Sinelshchikov, Yury P "Administrative prejudice in modern criminal proceedings: theory and practice." Gosudarstvo i pravo 1 (2020):86-92. DOI: 10.31857/S013207690008354-1
APA	Sinelshchikov Y. (2020). Administrative prejudice in modern criminal proceedings: theory and practice. Gosudarstvo i pravo (1), pp.86-92 DOI: 10.31857/S013207690008354-1

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