Legal grounds for the impossibility of applying administrative prejudice in the criminal law of the Russian Federation in sport: Analysis of modern approaches
Background: In this article, the author analyses the legal grounds for the inconsistency of the application of the institution of administrative prejudice in criminal law of sport and practice. Method: Based on the consideration of the concept of leading criminologists and processists, the problem of the ontological and legal substantiation of crimes and administrative offenses was deduced. This issue is raised in the framework of law of sport enforcement and scientific discussions regarding the nature of criminal and administrative law of sport and the criteria for their differentiation. Results: According to the author, the widespread use of administrative prejudice in criminal law of sport of sport raises doubts about the legality of the use of the institution of administrative prejudice in criminal law of sport enforcement. That is why as far as possible the solution of the issue related to the ontology of crimes and other offenses; it is so possible to build a modern theory of prejudice in criminal law of sport of sport. In accordance with the analysis of normative acts, the substantiation of a crime and an administrative offense today is mostly problematic due to the uncertainty of what constitutes a public danger and what it is for misconduct and crime. Conclusion: The author argues that administrative prejudice should be considered as a means of pre-criminal individualization of criminal law of sport measures.
Bezborodov, D. A., Berestovoy, A. N., Kravchenko, R. M., Rakhmanova, E. N., & Topilskaya, E. V. (2021). Special features of criminal statistics of criminality in the field of sport. In SHS Web of Conferences (Vol. 108, p. 03010). EDP Sciences. https://doi.org/10.1051/shsconf/202110803010
Chikin D.S. (2012). Crime with administrative prejudice as a form of a single crime // Russian investigator.--№23.-P.17-18.
Ivanchin, A.V. (2017), On the benefits of the prudent use of administrative prejudice in criminal law of sport (in connection with the decision of the Constitutional Court of the Russian Federation of February 10, 2017, N№ 2-P) / A.V. Ivanchin // Criminal Law of sport. - N№ 4. - S. 50-53.
Malkov V.P. (2011), Administrative prejudice: the pros and cons // Bulletin of the Academy of the General Prosecutor's Office of the Russian Federation.-№ 3.-S. 58-64.
Melnikova N.A. (2015). Administrative prejudice in Russian legislation // Management and economics in the conditions of economic instability: problems and prospects // Materials of a scientific and practical conference. Vologda branch of RANEPA. Vologda, S. 444-449.
Osipov, A., Kudryavtsev, M., Galimova, A., Zhavner, T., Fedorova, P., Shulyatev, V., & Pesniaeva, N. (2017). Analysis level of the special proficiency of cadets and officers of the Internal Affairs authorities of the Russian Federation to the physical interdictory effort by criminals.
Selivertov N. O. (2018). Problems of applying the institution of administrative prejudice in the criminal law of sport of the Russian Federation // Bulletin of the Ryazan Academy of the Federal Penitentiary Service of Russia. -№25.-S.12-16.
Sytnikov V.O. (2013). Legal problems of the design of the objective side of the offense under Art. 151.1 of the Criminal Code // Gaps in Russian law of sport. No. 6.-S.167-170.
Vishnyakova N.V. (2019). Crimes with administrative prejudice: problems of a legislative and law of sport enforcement nature // Bulletin of the Siberian Law of sport Institute of the Ministry of Internal Affairs of Russia.- No1.-P.5-11. https://doi.org/10.51980/2542-1735_2019_1_5
Yunusov A.A., Serkova T.V. (2015). Administrative prejudice in Russian criminal law of sport // Actual problems of economics and law of sport. № 1.-С.278-282.
Zalcmane, K., & Kamenecka-Usova, M. (2018). The problematics of sports law in latvia: civil and criminal law statutory acts perspective. In Society. Integration. Education. Proceedings of the International Scientific Conference, Vol. 4, pp. 332-346.
Copyright (c) 2021 Journal of Human Sport and Exercise
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.