ADMINISTRATIVE PREYUDITION AND NOT MOMENTARINESS AS SIGNS OF CRIMES AGAINST THE PERSONALITY

One of the main tendencies of modern Russian criminal policy is expansion of institute of an administrative preyudition. Testifies that fact to it that for the last six years the Special part of the Criminal code of the Russian Federation included qualitatively new structures of crimes which established responsibility for socially dangerous acts in the presence of an administrative preyudition or separate types of crimes which already found reflection in the Russian criminal legislation are altered. Due to it we can observe increase in number of scientific publications in which various aspects of institute of an administrative preyudition are investigated, including the questions connected with expediency of introduction of this institute in the criminal legislation are analyzed. Certain authors consider an administrative preyudition as a sign revival of the institute of not momentariness existing in domestic criminal law till 2003. Other scientists pay considerable attention to interpretation of the concrete criminal precepts of law containing signs of an administrative preyudition as these signs by the legislator in a number of structures of crimes differently are formulated. 

The present article is devoted to research of the questions connected with features of criminal liability for crimes against the personality with signs of an administrative preyudition and not momentariness. The main emphasis is placed on the analysis of substantial elements of four criminal precepts of law of the section VII of the criminal code of Russian Federation. The institute of crimes against the personality kept one structure of crimes (Art. 154 of the criminal code of Russian Federation) in which the sign of not momentariness was formulated till 2003. Here the structure of crimes of “a new formation” in which signs of an administrative preyudition (Art. 151.1 of the criminal code of Russian Federation) found reflection appeared one of the first (in 2011).