SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2021. 4

Received on 20.07.2021; approved on 22.10.2021; accepted for publication on 01.12.2021


The problems of distinguishing administrative offenses and crimes relevant to the high-alert regime

Author(s)
Romanova Nelli Lvovna, Dashieva Ayuna Dugarzhapovna
Abstract
The article is devoted to the current issues of regulating administrative responsibility for offenses related to the global challenge of our time: the COVID-19 pandemic. The authors investigate the problems of administrative offenses qualification. In particular, the article describes the problem of distinguishing between offenses and crimes that are similar in their objective aspect, based on possible errors of legislative regulation. The existing practice of applying the analyzed articles of legislation has been studied. Difficulties and ambiguities in the qualification of offenses have been noted. In practice, solutions to the problems of qualification are noted in distinguishing between administrative offenses as well as delimiting offenses from crimes. Distinguishing of that kind is important due to blurred borders in concepts of socially dangerous acts and offenses, based not on the interpretation of the dispositions of norms content, but on the amount of sanctions or signs of the subject. It is concluded that it is necessary to apply a systemic approach in law when securing norms that are similar in their objective aspect in related branches of law. In this regard, recommendations are given for optimizing legal regulation in this area.
Keywords
problems of legislative regulation, high alert, deliberately false information, public dissemination, threat of mass illness of people, safety of citizens, violation of sanitary and epidemiological rules
About the Authors
Romanova Nelli Lvovna – Candidate of Juridical Sciences, Honored Lawyer of the Irkutsk Region, Associate Professor, Head of Criminal Law Department of East-Siberian Branch of Russian State University of Justice (23 A, Iv. Franco st., Irkutsk, 664074, Russian Federation), ORCID: 0000-0003-2752-4560, e-mail: nellyromanova@mail.ru

Dashieva Ayuna Dugarzhapovna – Candidate of Juridical Sciences, Associate Professor of Criminal Law Department of East-Siberian Branch of Russian State University of Justice (23 A, Iv. Franco st., Irkutsk, 664074, Russian Federation), ORCID: 0000-0002-3126-0660, ResearcherID: AAD-4932-2020, e-mail: Ayuna_d@rambler.ru
For citation
Romanova N.L., Dashieva A.D. Problemy razgranicheniya administrativnyh pravonarushenij i prestuplenij, aktual'nyh dlya rezhima povyshennoj gotovnosti [The problems of distinguishing administrative offenses and crimes relevant to the high-alert regime] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2021, no 4(95), pp. 47–51.DOI 10.26516/2071-8136.2021.4.47. (in Russian).
UDC
342:95
EDN
BSVDIU
DOI
https://doi.org/10.26516/2071-8136.2021.4.47
References
2. Dashieva A.D. Voprosy` privlecheniya k administrativnoj otvetstvennosti v usloviyax rezhima povy`shennoj gotovnosti [Issues of Involvement in Administrative Responsibility in the Conditions of Higher Preparedness]. Sibirskij yuridicheskij vestnik [Siberian Legal Herald], 2021, vol. 2 (93), pp. 21-27. (in Russian).

3. Romanova N.L. Voprosy` sovershenstvovaniya e`kologopravovoj otvetstvennosti [Issues of improving environmental legal responsibility]. Sov-remenny`e problemy` pravotvorchestva i pravoprimeneniya [Modern problems of law-making and law enforcement], 2005, vol. 2, pp. 118-124. (in Russian).


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