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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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