In this article, the author covered issues related to administrative prejudice in the criminal law of some CIS member states. The author notes that in the analysis of issues related to administrative prejudice in the criminal law of some foreign countries, administrative prejudice is directly related to administrative punishment for committing an administrative offense, since the legislation on administrative offenses is intended to separate the existing states. It should be noted that in most foreign law enforcement, administrative offense is not distinguished as an independent type of offense. Responsibility for committing such offenses is provided for within the framework of criminal law. Examples of it are the United Kingdom and the Anglo-American law enforcement such as Northern Ireland, the United States, Canada, Australia, New Zealand, and states such as Bahrain, Jordan, Kuwait, Syria, Lebanon. Scholars' views on mamurius preudisia, scientific-theoretical views on whether or not it is in criminal law, and the author's positivity are also included. In the article, the following conclusions were drawn by the author: first, the positive experience of the above states, in particular, the issue of setting a specific deadline for which criminal liability may arise for committing such a crime more than once, may serve to improve national criminal law; secondly, administrative prejudice is now used in the criminal law of the Russian Federation, the Republic of Belarus, Georgia, Turkmenistan, Tajikistan, while in the criminal law of Estonia, Kazakhstan, Kyrgyzstan it was once used and is not currently used; thirdly, it is advisable to decriminalize certain administrative pre-trial criminal compositions from the Criminal Code. In this case, it will be appropriate to shift certain norms from formal to material content, paying attention only to the level of social danger, and distribute some of them in accordance with quality indicators.
| Mualliflar | Kholikov , Farkhod, Холиков , Фарход, Холиков , Фарход |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2023-10-25 |
| Jild | 4 |
| Son | 5 |
| Betlar | 31-41 |
| Til | O‘zbek |
| DOI | 10.47689/2181-1415-vol4-iss5-pp31-41 |
DOI: 10.47689/2181-1415-vol4-iss5-pp31-41 · Maqolaning asl sahifasi
хорижий тажриба, маъмурий жавобгарлик, маъмурий преюдиция, ижтимоий хавфлилик даражаси, жиноят таснифи, ижтимоий хавф, зарубежный опыт, уголовная ответственность, административная ответственность, административная преюдиция, степень общественной опасности, уголовная классификация, общественная опасность
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Жамият ва инновациялар / Общество и инновации / Society and innovations — barcha maqolalar