THEORETICAL AND LEGAL FOUNDATIONS OF THE INSTITUTE OF ADMINISTRATIVE PREJUDICE
Keywords:
administrative prejudice, res judicata, criminal liability, legal instrument, legal construction, recidivism, legal mechanism, differentiated approach, corpus delicti, objective aspect, criminal liability.Abstract
This article provides a comprehensive analysis of the theoretical and legal foundations of the institute of administrative prejudice. It examines the origin of the institute, its roots in Roman law, the significance of the principle "res judicata pro veritate habetur," its place in the modern legal system, and interpretations based on various scientific approaches. The legal nature of administrative prejudice, its functions, and its role in ensuring the interrelation between criminal and administrative law are highlighted. The author substantiates the elements of compulsory and factual effect of the institute and clarifies its role in the practice of law enforcement. Furthermore, the author proposes an original definition of the concept of administrative prejudice, which scientifically elucidates the legal essence of the institute, its functions, and its mechanism of practical application.
References
1. Barry Nicholas. An Introduction to Roman Law. - Oxford: Clarendon Press, 1962. Zimmermann R. The Law of Obligations: Roman Foundations of the Civilian Tradition. - Oxford University Press, 1996. - P. 12-15.
2. Malko A.V. Goals and means in law and legal policy. Saratov: Publishing House of the Saratov State Academy of Law, 2003. P. 107.
3. Bezverkhov A.G. Return of "administrative prejudice" to the criminal legislation of Russia // Russian Justice. 2012. No. 1. P. 50.
4. Kozlov A.V. On the Admissibility of Administrative Prejudice in Criminal Law // Bulletin of the Far Eastern Legal Institute of the Ministry of Internal Affairs of Russia. 2012. No. 1. P. 49.
5. Kolosova V.I. Administrative Prejudice as a Means of Prevention and Improvement of Criminal Legislation // Bulletin of the Nizhny Novgorod University named after N.I. Lobachevsky. 2011. No. 5 (1). P. 247.
6. Bobrovich P.P. Administrative Prejudice in Criminal Law // Forensic Librarian's Library. 2013. No. 2. P. 47.
7. Lopashenko N. A. Administrative Prejudice in Criminal Law // Bulletin of the Academy of the General Prosecutor's Office of the Russian Federation. 2011. No 3. P. 71.
