THE CONCEPT OF ADMINISTRATIVE OFFENSE IN THE CONTEXT OF THE PROBLEMATIC ISSUES OF THE ADMINISTRATIVE PREJUDICE IN THE RUSSIAN LEGISLATION

The article is devoted to the analysis of the essential features of an administrative offense – one of the main categories of the Russian administrative law. The approaches to definition of this concept adopted in various legal systems are analyzed. The article reveals the correlation of administrative offence with another public offence – a crime affected by the problematic issues of the administrative prejudice in the context of the doctrine of the plurality of administrative offences. The article notes that an administrative offense and a crime have a common nature. And in many European countries, even now the administrative offense is not considered as an independent category, which has its own legal basis. In these countries, the rules of criminal law are applied to the administrative offense, of course, taking into account the characteristics of the act: the nature and severity. The essential features of an administrative offense, which are the basis for its differentiation from similar legal categories, are considered. Separately, a sign of public danger, not included by the legislator in the definition of the rule of law defining the concept of “administrative offense”, is singled out. Particular attention is paid to the composition of crimes with administrative prejudice, as currently in the state policy of the Russian Federation, much attention is paid to this category of acts. The legislation clearly shows a tendency to increase this kind of articles, while noting the importance of compliance with General scientific principles and a systematic approach in the criminalization of re‑committed offenses. The key point of the article is the reasonableness of the transition of the act from administrative jurisdiction to criminal jurisdiction on the basis of the Commission of a plurality of administrative offenses, as a dialectical transition of quantity into quality. It is crucial to increase the degree of public danger of the act as a result of the Commission of a plurality of administrative offences.

administrative law, public tort, administrative offense, administrative preclusion, the multiplicity of offences, the crime, the legal system, the concept of administrative law, wrongfulness, danger to the public acts, legal structure, legal doctrine, criminalization of offences, administrative responsibility.

Akhtanina N. A. The concept of administrative offense in the context of the problematic issues of the administrative prejudice in the russian legislation. Business. Education. Law, 2019, no. 4, pp. 355–359. DOI: 10.25683/VOLBI.2019.49.419.