Dual Responsibility as a Cross-sectoral Problem: Some Practical Application Issues
The paper highlights the problem of double jeopardy, i.e. bringing a person to dual public responsibility for the same wrongful act. The authors raise the problem of insufficient regulation of double jeopardy in the Russian law, in particular, the current legislation contains a ban on bringing a person to double jeopardy twice either only to criminal responsibility, or only to administrative responsibility. At the same time, the ne bis in idem construction implies the inadmissibility of bringing a person to double jeopardy for one and the same type of public legal responsibility. The authors analyzed the cases of bringing persons to dual (administrative and criminal) responsibility and worked out the ways to solve the problems arising in judicial and investigative practice on this issue. The authors came to the conclusion that in case of double jeopardy, it is necessary to be guided by a number of criteria. In some cases cited in the paper, preference should be given to the temporal criterion, which implies the application of the first imputed type of responsibility, and the abolition of the second, even despite the correct qualification. Moreover, the authors additionally considered the issue of introducing the institution of rehabilitation and offsetting punishments within the framework of various types of public legal responsibility in administrative law, which could smooth out the corners in the event of bringing a person to erroneous initial administrative responsibility with the further appearance of signs of another offense in this guilty act, including a crime.