General view on interaction of criminal, administrative-delict and administrative laws in prevention of unlawful activities
DOI:
https://doi.org/10.21638/spbu14.2024.306Abstract
The article provides an overview of the relationship between the Criminal Code, the Administrative
Offenses Code of the Russian Federation in the prevention of illegal behavior. In this country, historically, those laws serve as effective tools for managing public processes and their interaction in the relevant field is extremely important. Their common problems are
especially challenging today as the legislators prepare to adopt a wholly new version of the Administrative
Offenses Code, which should be synchronized with “senior” criminal legislation; and they both will have to rely on the laws governing prevention from administrative perspectives. Taking into account conventionality of some kind of division of illegal acts into administrative offenses, misdemeanors (their introduction into the Russian law is also on the agenda) and crimes, the prevention of the administrative delinquency becomes an integral element of
the crime prevention in general. So the author supports the idea of creating a unified preventive
system which should also involve a number of other pertinent acts of the actual policing legislation: Law on Police, Law on Administrative Supervision, Law on Foundations of System for Prevention of Neglect and Juvenile Delinquency, and others. The declared main point of the laws’ current interaction is the administrative “res judicata”, disputes around which in the
criminal law also cover the issues of crime prevention. In addition, effective prevention must be ensured by building now lacking an adaptable and balanced system of criminal and administrative
penalties, conforming to each other.
Keywords:
crime, administrative offense, prevention, interaction of laws, administrative res judicata
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Articles of "Vestnik of Saint Petersburg University. Law" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.