Evasion of administrative supervision: issues of qualification and law enforcement

The subject of the study is the criminal law norms regulating the basis and procedure for bringing persons evading administrative supervision to criminal responsibility. The object of the study is social relations arising in connection with the involvement of a supervised person who repeatedly fails to comply with administrative restrictions imposed on him by the court, to criminal liability. The author examines the ambiguity of the doctrinal and judicial interpretation of such signs of a crime provided for in Part 2 of Article 314.1 of the Criminal Code of the Russian Federation as "repetition" and "conjugacy", which entails problems with the application of the specified criminal law norm by the bodies of inquiry and the court. The methodological basis of the study was a set of general scientific and special methods of comprehending objective socio-legal reality in the field under study: methods of analysis, synthesis, systematization and generalization, formal logical, statistical and sociological methods. In this paper, the issues of the application of criminal legislation concerning the punishment for evading administrative supervision are investigated. The article describes in detail the difficulties faced by the supervisory authorities when trying to detect grounds for criminal prosecution in the actions of the observed persons in accordance with this norm. An analysis of law enforcement practice related to issues of administrative supervision and responsibility for its evasion was also carried out. Special attention is paid to the qualification of evasion from administrative supervision as a crime with special prerequisites. The main conclusions of the study were the author's proposal to improve legislation, including making appropriate changes to the criminal law norm under consideration.

administrative supervision, administrative prejudice, administrative offense, repeated, conjugate, crime, non-compliance with restrictions, court decision, observation, prohibitions and restrictions