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MOTIVES AND REASONS FOR INITIATING CRIMINAL PROCEEDING CONCERNING EVASION FROM ADMINISTRATIVE SUPERVISION

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PDF: Author(s): Petrova O. V.,
Number of journal: 1(54) Date: February 2021
Annotation:

The article discusses the main issues of the appointment and improvement of the stage of initiating a criminal case, theoretical and practical aspects of initiating a criminal case on evading administrative supervision, such as a reporting from other sources and its procedural execution, and a confession. The legal status of a person authorized to exercise administrative supervision has been investigated. The legal basis and the specifics of their interaction with other officials of law enforcement agencies in the field of administrative supervision are revealed. The features of the verification of the message about the crime under Part 1 of Art. 314.1 of the Criminal Code of the Russian Federation have been analyzed. Emphasis is placed on the information that should be contained in the report on the detection of signs of a crime under Part 1 of Art. 314.1 of the Criminal Code of the Russian Federation. A research of the grounds for initiating a criminal case on evading administrative supervision was carried out. Particular attention is paid to the sources of obtaining, the list and sufficiency of data indicating signs of a crime under Part 1 of Art. 314.1 of the Criminal Code of the Russian Federation. Investigative practice provides examples of mistakes and shortcomings made by inspectors in the direction of the implementation of administrative supervision and district police officers when checking a crime report and drawing up a report on the detection of signs of a crime. Effective means and methods have been developed for verifying a crime report on evasion from administrative supervision, highlighting the key circumstances to be established during the verification of a crime report, which fundamentally affect the registration of reasons and the existence of grounds for initiating a criminal case.

Keywords:

reasons for initiating a criminal case, grounds for initiating a criminal case, criminal liability, administrative supervision, a report on the detection of signs of a crime, confession, evasion from administrative supervision, key circumstances of the commission of a crime, factual data to be established to resolve the issue of initiating a criminal case.

For citation:

Petrova O. V. Motives and reasons for initiating criminal proceeding concerning evasion from administrative supervision. Business. Education. Law, 2021, no. 1, pp. 287—293. DOI: 10.25683/VOLBI.2021.54.138.