CRIMINAL OFFENSE: PRO ET CONTRA

In article the draft federal law "About Introduction of Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with Introduction of a Concept of Criminal Offence" offered by the Supreme Court of the Russian Federation is analyzed". Positive and negative consequences of adoption of such decision are considered. Assessment of the impact of the bill on the legislation on administrative offenses is given. At the end of 2017 the Supreme Court of the Russian Federation made the decision to introduce to the State Duma of Federal Assembly of the Russian Federation the draft federal law "About Introduction of Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with Introduction of a Concept of Criminal Offence" (further - the bill). But, unfortunately, the bill was not introduced to the State Duma as on it the negative official review of the Government of the Russian Federation in which it considered "inexpedient introduction of the bill in the presented edition" arrived. We suggest to give the following definition of administrative offense is socially dangerous, guilty, illegal act (inaction) which structure is established by exclusively federal laws or laws of territorial subjects of the Russian Federation for which as punishment prevention or an administrative penalty are provided. And it is necessary to set the top limit of such penalty, for example, of 5000 rub. And, at last, the main issue and what will be with the Code of the Russian Federation on Administrative Offences? It will not be in the form in which it is today. Those structures which will fall under category criminal offense will be transferred to the Criminal Code of the Russian Federation. Let's notice that it will be no crimes - in today's understanding. Other administrative offenses for which prevention or an administrative penalty are provided will have to are transferred to industry federal laws. These laws have to contain the special sections "Administrative Offences in the Established Field of Activity". The size of a penalty has to be authorized fixed, and executive authorities only to reveal administrative offenses and to make about it protocols. And further the natural or legal entity if agrees, then voluntarily pays a penalty (we will pay attention that Part 3 of Article 35 of the Constitution of the Russian Federation is not violated) if it is not present that addresses to that body which were made by the protocol or in court (also Part 1 of Article 118 of the Constitution of the Russian Federation is not violated). Thus, the harmonious judicial system is built, from "retaliatory" it turns into democratic and fair, courts (it is better if it are administrative courts) will find the full-fledged individuality, having taken away on themselves hearing of cases about criminal offenses. Officials of executive authorities will be exempted from permission burdensome difficult for them put that also liquidates the soil for many corruption manifestations. Citizens, at last, accurately will understand, for as as they can be punished administratively, criminal or other order; load of investigation authorities and inquiries which will be able to concentrate the efforts on investigation of serious delicts will decrease.