On Preventive Potential of Norms with Administrative Prejudice

When criminalizing socially dangerous acts of minor severity, the legislator increasingly uses the norms with administrative prejudice, since their application allows preventing more serious criminal acts and negative social phenomena in society. At the same time, the preventive potential of the norms with administrative prejudice has not yet been properly assessed. The purpose of the study is to scientifically substantiate the preventive potential of norms with administrative prejudice. Materials and methods. When writing the article, general scientific methods were used (analysis, synthesis, hypothesis, comparison, generalization), as well as a statistical method (statistical grouping, summary, statistical analysis). The methodological basis of the research is the theory of norms with double prevention. Research results. The article analyzes statistical data indicating that criminal law norms with administrative prejudice prevent more serious socially dangerous criminal acts. In addition, they prevent crimes at the stage of bringing a person to administrative responsibility, as well as administrative offenses in the future. Conclusions. The authors conclude that there is a three-dimensional preventive effect of the norm with administrative prejudice. Consequently, the legislator's attention to the norm with such a design is due to its high preventive potential, since it makes it possible to suppress the criminal properties of both convicted persons and the emerging illegal attitudes of administratively punished persons, preventing further commission of both administrative offenses and criminal offenses, as well as criminal acts with more serious criminal legal characteristics.

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Publication Details

Journal
Oeconomia et Jus
Published
2024-12-25
DOI
https://doi.org/10.47026/2499-9636-2024-4-88-94
Primary Topic
Legal and Policy Issues
Type
article
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article

On Preventive Potential of Norms with Administrative Prejudice

Natalya Yu. Akinina, Valery Anisimov, Anastasia A. Berndt
1 links
Oeconomia et Jus
Legal and Policy Issues
article

On Preventive Potential of Norms with Administrative Prejudice

Natalya Yu. Akinina, Valery Anisimov, Anastasia A. Berndt
article en

Abstract

When criminalizing socially dangerous acts of minor severity, the legislator increasingly uses the norms with administrative prejudice, since their application allows preventing more serious criminal acts and negative social phenomena in society. At the same time, the preventive potential of the norms with administrative prejudice has not yet been properly assessed. The purpose of the study is to scientifically substantiate the preventive potential of norms with administrative prejudice. Materials and methods. When writing the article, general scientific methods were used (analysis, synthesis, hypothesis, comparison, generalization), as well as a statistical method (statistical grouping, summary, statistical analysis). The methodological basis of the research is the theory of norms with double prevention. Research results. The article analyzes statistical data indicating that criminal law norms with administrative prejudice prevent more serious socially dangerous criminal acts. In addition, they prevent crimes at the stage of bringing a person to administrative responsibility, as well as administrative offenses in the future. Conclusions. The authors conclude that there is a three-dimensional preventive effect of the norm with administrative prejudice. Consequently, the legislator's attention to the norm with such a design is due to its high preventive potential, since it makes it possible to suppress the criminal properties of both convicted persons and the emerging illegal attitudes of administratively punished persons, preventing further commission of both administrative offenses and criminal offenses, as well as criminal acts with more serious criminal legal characteristics.

Oeconomia et Jus(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 55%
Legal and Policy Issues
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On Preventive Potential of Norms with Administrative Prejudice — Natalya Yu. Akinina, Valery Anisimov, et al. · Oeconomia et Jus (2024) | TGRS Research Map | TGRS