Article information
Article`s title
Some Areas for Improving Legislation on Battery
by a Person Subject to Administrative
Punishment or Having a Criminal Record
Authors
O. Shubina 1
Volume
2 (
2025)
Keywords
two-level liability,
administrative prejudice,
gaps in legislation,
legal
structure of battery,
conflicts in law enforcement,
improvement of legislation. Abstract
n recent years, criminal legislation has tended to decriminalize minor crimes
and form administrative offences. The innovation related to two-level
liability is based on the hypothesis of increased public danger in case of
repeated administrative offense. Such an approach taken by the legislator
entails numerous problems and conflicts in law enforcement, which is due
to the lack of a clear boundary between beatings in various legal aspects,
not only in scientific doctrine, but also in legislation. In addition, by
including part two in Article 116.1 of the Criminal Code, where the key
phrase is a person with a criminal record for a crime committed with
violence, the legislator does not define this concept. Such a gap has
become a factor of different positions in the doctrine of criminal law and
difficulties in law enforcement practice.
According to the hypothesis put forward in the study, the results of which are
described in this article, legal inconsistencies contribute to the growth of
violent crimes, among which battery occupies a leading place. In
accordance with the hypothesis, the purpose of the study is to identify gaps
in legislation that determine the growth of battery, especially in micro
groups, by making proposals to improve Article 116.1 of the Criminal Code
based on the generalization of opinions of theorists and practitioners, as
well as taking into account the results of a survey among experts selected
according to a certain principle. In accordance with the purpose of the
study, the scientific report attempts to highlight the negative consequences
of two-level liability for battery and traces the way to correct gaps in
legislation, including improving Article 116.1 of the Criminal Code of the
Russian Federation. According to the author's position, not only the legal
structure of battery, but also other acts with administrative prejudice need
to be improved.
How to Cite this article
Шубина О.А. Некоторые направления совершенствования законодательства
о нанесении побоев лицом, подвергнутым административному наказанию или
имеющим судимость // Право: история и современность. 2025. Т. 9, № 2.
С. 247 – 257. doi: 10.17277/pravo.2025.02.pp.247-257
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DOI:
https://doi.org/10.17277/pravo.2025.02.pp.247-257
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247-257
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About authors
1
O. Shubina
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Middlename | A. |
Lastname | Shubina |
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