INTERSECTORAL DIFFERENTIATION OF THE TYPES OF RESPONSIBILITY FOR PERSONAL ATTACKS

The article examines some problematic issues of intersectoral differentiation of the types of responsibility for personal attacks. The main attention is paid to such institutions as exemption from criminal liability with bringing to administrative responsibility and administrative prejudice. The article analyzes the previous Russian legislation that provided the possibility of using administrative penalties to respond to criminal acts, and the experience of its application, as well as the current criminal legislation of Russia on this issue and the existing problems of its application. The provisions of the Criminal code of Belarus are given as an example of the current state of the institution of exemption from criminal liability with administrative responsibility. Administrative prejudice is considered as the antithesis of the institution of exemption from criminal liability. The question of the essence of administrative prejudice was further analyzed. It is suggested that it (prejudice) avoids the risks of “overstated” criminalization and the risks of underestimating the danger of acts that are ineffectively prevented by administrative liability measures, which emphasizes its location at the intersection of criminal and administrative law. The transformation of types of liability naturally raises the question of the legal nature of its basis, in connection with which the article considers the problem: whether the act is the basis of criminal liability and whether this act remains an administrative offense or not. There are three main approaches to solving this issue, each of which is considered separately with arguments “for” and “against”, but at the same time generating a number of complex theoretical arguments.

differentiation of liability, crimes against the person, exemption from criminal liability, administrative prejudice, criminal policy, types of liability, legal regulation, punishment, criminal law measures, transformation, judicial fine.

Motin A. V. Intersectoral differentiation of the types of responsibility for personal attacks. Business. Education. Law, 2020, no. 4, pp. 284–293. DOI: 10.25683/VOLBI.2020.53.447.