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On the issue of administrative prejudice for commission of an offence under article 158.1 of the Criminal Code of the Russian Federation “Minor larceny committed by a person subjected to administrative punishment”

Annotation

We consider the peculiarities of the introduction of administrative prejudice for the commission of minor larceny, as well as the problems of judicial practice in its application sphere and critical remarks of scientists. We conclude that the administrative prejudice conflicts with the definition of the offence described in the part 1 of the article 14 of the Criminal Code of the Russian Federation. We propose two options for improving the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation in order to counter the larceny of another’s property: 1) decriminalization of the article 158.1 of the Criminal Code of the Russian Federation and introduction as a qualifying feature in the part 3 of the article 7.27 of the Administrative Code of the Russian Federation the commission of minor larceny again as reflected in some articles of the Administrative Code of the Russian Federation; 2) exclusion from the part 2 of the article 7.27 of the Administrative Code of the Russian Federation the liability for minor larceny in the amount of one to two thousand five hundred rubles, having reflected this liability in the article 158.1 of the Criminal Code of the Russian Federation.

Keywords

administrative prejudice; humanization of the criminal legislation; minor larceny; a person subjected to administrative punishment; qualification problems

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UDC

343.3/.7

Pages

17-27

Received

2019-09-11

Section of issue

Juridical sciences

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