Legal grounds for the impossibility of applying administrative prejudice in the criminal law of the Russian Federation in sport: Analysis of modern approaches
DOI:
https://doi.org/10.14198/jhse.2021.16.Proc4.08Keywords:
Sport, Legal grounds, Sport law, Administrative prejudiceAbstract
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.
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