Article 20.1. Petty hooliganism

In civil society, moral and ethical standards have long been established that predetermine human behavior. If a citizen violates these rules in any way, he faces liability for disturbing public order. Punishment can be administrative or criminal, depending on the severity of the offense committed and the consequences that this act entails.

If we are talking about a gross violation of law and order, the perpetrators will be held accountable under Article 213 of the Criminal Code of the Russian Federation “Hooliganism.” Minor violations of public order fall under Article 20.1 of the Administrative Code. Let's try to figure out where the line is between hooliganism and minor offenses of public order.

What is considered public order

If we turn to dry legal terms, the definition of public order means an established system of relationships between people, which provides them with comfortable living conditions.
These standards of behavior are regulated by current legislation, local customs and national traditions. In general, this is a rather complex system regulating the norms of the hostel. Monitoring compliance with established principles is entrusted to law enforcement agencies, which are obliged to suppress any inappropriate behavior that can offend the feelings of others. Of course, the system is only possible with the peaceful coexistence of civil society, defining the boundaries of acceptable behavior for all its members.

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Article 213 of the Criminal Code of the Russian Federation

Article 20.1 of the Code of Administrative Offenses of the Russian Federation

Types of violations of order

There are a number of offenses that pose a danger to society. These include:

• Hooliganism, expressed in open contempt for the norms of morality and law, as well as the interests and views of other people.
• Mass riots.
• Propaganda is the distortion of information for personal gain.
• Vandalism is damage and desecration of buildings, monuments and other objects of cultural heritage with malicious intent.
• Violence against animals.

Given the danger of such actions, administrative and criminal liability is provided for them.

The most common type of violation of public order is hooliganism.

The crime of hooliganism

The actions of hooligans violate people's right to personal integrity. Therefore, hooliganism is almost always committed intentionally. The punishment for it is determined based on the danger of the committed actions for society, the method and nature of their commission.

Objective side

Violation of law and order by hooligans has the following classification categories:

• Insults, which are often expressed in obscene language and demonstrate disrespect for the individual and society.
• Abusive actions in the form of grabbing clothing or body parts, which is an attempt to humiliate the honor and dignity of the victim.
• Offensive inscriptions.
• Throwing things out of apartment windows. Although such actions are defined by law as petty hooliganism, they can cause serious damage to people’s health.

It must be taken into account that if one or another of the actions described above were committed in a group of people whose members provoked them, then they will not be recognized as hooliganism.

Signs of a crime

The main characteristics of such actions will be:

• Inappropriate behavior in a public place.
• Showing disrespect to one or more people.
• Throwing objects in their direction.
• Indecent proposals.
• Deliberate damage to their property.

The protocol on the committed offense must always indicate the time and place of its commission.

Petty hooliganism

All of the above actions will be considered petty hooliganism. For such a violation of public order, a fine will be imposed within the framework of administrative law.

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In contrast, hooliganism may result in criminal liability for:

• Beating.
• Causing harm to health.
• Disruption of institutions or transport.

The key difference is the serious consequences of hooliganism, which petty hooliganism does not have.

Weapons and motives of discord

Special cases of violation of public order involve the use of weapons. It is important to know that the law only takes into account those situations where the weapon was actually used. If the attacker simply held it in his hands, without threatening with a weapon or using it against a person, then his actions will be classified as petty hooliganism.

Hooligan acts based on the motives of national, religious or other hatred also fall under separate provisions of criminal law. But for this it is important to have evidence of such motives.

Other offenses

One of the types of petty hooliganism can be considered smoking in places where it is prohibited. An administrative fine may also be issued for it.

What is a violation?

Disturbing public order in public places is any action that can offend the feelings of others.
This may include obscene language, unacceptable behavior on public transport, fights, and insulting the feelings of believers. Let us add that one may not intend to violate public order, which in principle is not subject to criminal liability, and in such cases one usually confines oneself to a preventive conversation with the violator. This is possible provided that the person does not have malicious intent.

If an illegal act is committed intentionally, this is already a socially dangerous phenomenon that can not only offend people’s feelings, but also lead to more serious consequences.

Peculiarities

Violations can occur everywhere, covering almost all areas of public activity. Obscene language on the street, veiled insults in various institutions, rudeness in public transport.

These are common, but far from the only manifestations of hooliganism. All violations of public order have one thing in common: regardless of the severity, these illegal actions are always aimed at offending the feelings of others and contradict generally accepted norms of behavior.

It doesn’t matter how hooliganism manifests itself: desecration of monuments or deliberate insult to a random passerby.

Key Concepts

In a multipolar society, where representatives of different nationalities and religious denominations live, the concept of public order can look very vague.
Especially if each social group is guided by personal traditions in determining the norms of community life. For example, for representatives of the Muslim community it may be considered normal to slaughter cattle on the street on a religious holiday, however, such an action will be unacceptable for followers of Orthodoxy or Judaism. Therefore, in such states, norms of social behavior are regulated at the legislative level. Regulatory legal acts do not impose a ban on religious or religious ceremonies, but require them to be carried out within one’s socio-ethnic group.

In general, violation of public order is expressed not only in illegal actions aimed at a specific object. Indirect influence is also taken into account here, when other members of society are forced to listen to or observe actions that are unpleasant for themselves.

Important! A common characteristic feature of hooliganism is its danger to all participants in civil society, which poses a direct threat to national security.

Categories of illegal actions

The following offenses pose an immediate social danger:

• hooliganism - open contempt for the norms of social behavior, laws, citizens;
• mass riots - inappropriate behavior of large groups of people whose actions are coordinated by attackers;
• propaganda - deliberate distortion of information in order to obtain certain benefits;
• vandalism - deliberate desecration of buildings, monuments, cultural and historical heritage sites;
• Animal violence is abuse of animals committed by people with pronounced sadistic tendencies.

All of these actions imply criminal or administrative liability for the perpetrators.

Corpus delicti

According to the Russian Constitution, every citizen has the right to inviolability and personal freedom.
Any manifestations of petty hooliganism violate these rights. In particular, the offender interferes with the normal life of other members of society, violating their moral principles. Therefore, almost all cases of hooliganism have malicious intent, which constitutes a crime. Responsibility for these atrocities is determined by the degree of social danger that the illegal action entailed. This may include the place, method and nature of the commission of illegal actions.

Classification

Hooliganism can be classified into several categories, which are the objective side of the offense. For example:

1. insults - usually these are obscene statements addressed to one or more persons, which is a direct show of disrespect for society as a whole;
2. insult by action - this can include grabbing parts of the body or clothing, which is a humiliation of honor and dignity;
3. offensive inscriptions in public places are manifestations of vandalism, which not only negatively affect the feelings of others, but also pose a direct threat to cultural heritage;
4. Throwing objects out of an apartment window is classified as petty hooliganism, but can cause irreparable harm to the health of citizens.

Important! If the insult occurs within a certain group of people, and is provoked directly by its participants, the action is not classified as hooliganism.

Signs of a crime

These include the following factors:

• inappropriate behavior in a public place;
• showing disrespect to one or more people;
• throwing objects towards other people;
• harassment with indecent proposals;
• intentional damage to someone else's property.

When drawing up a protocol on a committed offense, the time and place of events must be taken into account.

Difference between hooliganism and disorderly conduct

All of the above actions can be considered petty hooliganism, and those guilty of committing them are subject to administrative liability.
Hooliganism already implies criminal punishment, and can be expressed by the following actions:

• deliberately disrupting the operation of public transport or an institution;
• beating;
• causing harm to health.

In essence, these are actions that offend the feelings of other people, committed with particular cynicism and leading to grave consequences.

Using weapons

Sometimes hooligan acts can be committed with the use of weapons. This includes traumatic weapons and firearms, as well as other objects that can cause bodily harm: stones, sticks, glass shards, baseball bats. There is one caveat here. According to current legislation, hooliganism with the use of a weapon implies its direct use against a person or someone else’s property.

Therefore, if the offender simply holds a gun in his hand without pointing it at others, i.e. does not show intent to use it, he is not subject to criminal liability. Here, illegal actions will be classified as petty hooliganism.

However, if a person does not have a permit for said pistol, he will be charged with illegal possession of a weapon.

Important! If the offender does not use a weapon, but sets a dog on people, this also falls under Article 213: use of dangerous objects, and is therefore a criminal offense.

National, racial and religious motives

This includes any hooliganism that is racially or politically motivated.
This problem is widespread in megacities with multiethnic populations and the southern regions of the country. However, it is important to prove the true motive for illegal actions. For example, citizens of Slavic nationality utter obscene insults at people from the Caucasus, deliberately pushing the latter, provoking conflict.

In principle, such actions can be considered petty hooliganism, but if the investigation manages to prove that the perpetrators belong to nationalist groups and that the actions were repeated repeatedly, a national motive will be evident.

Hooliganism in transport

This includes any actions that offend the dignity of other passengers and interfere with the operation of public transport. This means hooliganism:

• sea ​​and river transport vessels;
• air routes;
• railway communications, including metro lines;
• city ​​transport.

In most cases, administrative liability is provided for such acts.

Administrative offenses in the field of public order and public safety

Blokhina Anna Vyacheslavovna

Master of Oryol State University
Abstract
. Thanks to the definitions of public order that are available in the scientific literature, the author proposed a definition of such a concept as “an administrative offense in the field of protecting public order and public safety”; the subject, subjective side, object, and objective side of this offense were considered. It is pointed out that there is no legally established definition of the concept of “public place”, and the characteristics of the classification of these places are listed.

Keywords

: public safety, public order, administrative legal violation in the field of protecting public order, subject, public place, subjective side, object, objective side of the offense.
The most important social values ​​are public safety and public order.
For this reason, their protection is an important task of government authorities. Thanks to the effective activities of the state aimed at resisting encroachments to preserve public safety and public order, we can say that it is a social institution, and modern society is civilized [6, p. 40].

Encroachments aimed at violating public safety and order are the most negative social phenomena [5, p. 75]. These are: petty hooliganism, failure to comply with fire safety requirements, administrative legal violations related to the circulation of weapons.

The Judicial Department operating under the Supreme Court of the Russian Federation provided the following statistical data: the total number of cases considered in the analyzed category was 2,415,471 in 2017, 2,469,470 in 2021, 2,514,852 in 2021. Based on this information, we can talk about an annual increase in the number of legal violations committed. This increase amounted to 4.1% or 99,381 over 3 years [3].

For this reason, the problem of increasing the effectiveness of preventive activities carried out by courts and other entities becomes urgent. No less urgent is the problem of preventing the commission of this type of violation.

According to I.V. Khripkov, legal categories of the highest level of generalization without legislative enshrinement are public safety, order [9, p. 10].

The definition of public order is based on the research of M.I. Eropkina.

The totality of social relations is social order. It is worth noting that these relationships can appear not only in public places, but also outside them. Morality, customs, and legal norms are the main links in the regulation of social relations.

In order to protect life, health, honor, dignity, etc., public relations are used. In addition, public peace, the activities of economic entities, state enterprises are impossible without public relations [2, p. eleven].

The set of social relations formed to prevent various violations is security. This definition was formed by Yu.A. Yanitsky[10, p. 3].

An administrative legal violation that negatively affects public order and its safety is dangerous to society. A violation can act not only as an action, but also as an inaction, committed by both an individual and a legal entity.

The essence of this violation lies directly in the encroachment on those social relations that were directly formed during the activities of state authorized bodies. Moreover, this activity should be aimed at preventing violations of the security of facilities that ensure the preservation of public order.

All actions of negative influence, incl. political, organizational and legal, where administrative and legal punishment can be imposed, are also an administrative legal violation.

While a level whose influence is not capable of violating the interests pursued by one citizen, society or an entire state, their social and economic development is the proper level of security.

Not only individuals, but also legal entities can be subjects of administrative legal violations if their actions/inactions have a negative impact on public safety and order [7, p. 39].

To be brought to administrative responsibility, the subject must have characteristics characteristic of a special subject. Special subjects, in accordance with Art. 20.24 Code of Administrative Offenses of the Russian Federation [1] - private detectives (detectives, security guards), heads of private security companies (associations, unions).

It should be noted that the offenses we analyze may be intentional or unintentional (committed through negligence). Ch. speaks about this. 20 Code of Administrative Offenses of the Russian Federation.

Classification of violations based on the objective side:

- Committed with the action - illegal production of weapons for their further transfer or sale to other persons (Article 20.10 of the Code of Administrative Offenses of the Russian Federation); - Committed without action (i.e. inaction) - failure to take the necessary actions that could prevent certain negative consequences for citizens or the territory in the event of emergency situations (Article 20.6 of the Code of Administrative Offenses of the Russian Federation); — Committed with or without action [8, p. 182].

For example, in Art. 20.4 of the Code of Administrative Offenses of the Russian Federation displays violations of fire safety requirements that can be committed through any actions that violate the rules and regulations for fire safety by the person responsible for this. The same applies to violations of established norms by law, which regulate the mechanism for holding or organizing a meeting, rally, demonstration, procession or picketing (Article 20.2 of the Code of Administrative Offenses of the Russian Federation).

Acts are qualified in accordance with the objective side, as the place where the administrative legal violation was committed. For example, in Part 1 of Article 20.1, Art. 20.2.2, 20.20, 20.21 of the Code of Administrative Offenses of the Russian Federation, a “public place” is indicated as the place of the crime.

Qualifying characteristics of public places: periodic (premises serving citizens at certain hours: retail establishments, public transport, etc.), permanent (premises open to access at any time: public gardens, courtyards, parks, etc.), episodic (communication of citizens is periodic).

Today, there is a serious gap in the legislation, an omission, which consists in the absence of a legal way to determine the type of public place.

Bibliography

1. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 N 195-FZ (as amended on July 31, 2020, as amended on October 16, 2020) (as amended and supplemented, entered into force on August 11, 2020) // Russian newspaper dated December 31, 2001 No. 256. 2. Eropkin M.I. Management in the field of public order protection. M., 1965. P. 11. 3. Official website of the Judicial Department at the Supreme Court of the Russian Federation: data from judicial statistics [Electronic resource]. Access mode: https://stat.api-press.rf/stats/adm/t/31/s/1. Access date 10/23/2020. 4. Brysov M., Kurlevsky I.V. Problems of qualification of administrative offenses encroaching on public order // Alley of Science. 2021. T. 4. No. 1 (28). pp. 165-169. 5. Keramova S.N. Peculiarities of administrative responsibility for offenses encroaching on public order and public safety // Legal Bulletin of the DSU. 2021. T. 33. No. 1. P. 74-79. 6. Kivich Yu.V. problems of regulating certain types of administrative offenses that encroach on public order // Bulletin of Economic Security. 2021. No. 2. P. 40-42. 7. Olshevskaya A.V., Popovich O.M. On the issue of subjective characteristics of administrative offenses encroaching on public order and public safety // Current problems of administrative law and process. 2021. No. 4. pp. 39-42. 8. Popovich O.M. On the issue of objective signs of administrative offenses encroaching on public order and public safety // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2021. No. 1. P. 181-184. 9. Khripkov I.V. Problems of theory and practice of functioning of the institution of administrative responsibility for attacks on public safety and public order: on the example of the constituent entities of the Russian Federation included in the Southern Federal District: abstract of thesis. ...cand. legal Sci. St. Petersburg, 2004. P. 10. 10. Yanitsky Yu.A. Correlation of crimes and administrative offenses encroaching on public safety and public order: Theory, legislation, practice: abstract. ...cand. legal Sci. Krasnoyarsk, 2009. P. 3.

Criminal liability

In cases where the actions of the accused are classified as hooliganism, Article 213 of the Criminal Code of the Russian Federation comes into force.
Here, for violating public order, a criminal fine of up to half a million rubles, up to 480 hours of forced labor or imprisonment of up to 5 years is imposed. If the offense is committed by an organized group or is aggravated by resistance to a government official, the fine increases to 1,000,000 rubles, and the imposed prison term increases to 7 years.

In cases where hooligan acts are committed with the use of explosives, the accused faces a prison sentence of 5-8 years.

Breach of public order in criminal law

The Criminal Code of the Russian Federation provides for several crimes, where the object of the attack is public order. Of course, some crimes of this kind are similar to similar administrative offenses, but at the same time have an increased danger. As a result of public crimes, negative consequences always occur that are not covered by the provisions of the articles of the Code of Administrative Offenses.

Mass riots - Art. 212 of the Criminal Code of the Russian Federation

This crime, in which a group of people takes part (the combination of “mass” indicates this), is aimed at disrupting public order. Almost always, criminal actions affect the property rights of the population (windows are broken, buildings are destroyed, cars are set on fire), the right to life and health of people (harm is caused to people’s health as a result of pogroms), and the right to normal government (the demands of law enforcement agencies to maintain order are ignored).

The crime itself consists of organizing riots associated with violence, pogroms, the use of weapons and explosives, resisting authorities, as well as inducing, training and calling on citizens for the purpose of future participation in such riots.

A striking example of such an act is looting. The maximum penalty for a crime under Art. 212 of the Criminal Code of the Russian Federation, reaches 15 years in prison. If people died as a result of the riots, then additional qualifications are required under Art. 105 of the Criminal Code of the Russian Federation, which provides for liability for murder.

Repeated violation of the established procedure for holding a rally, demonstration, picket - Art. 212.1 of the Criminal Code of the Russian Federation

This crime appeared in the Criminal Code of the Russian Federation in 2014; before that, such a crime was absent in criminal law. The maximum penalty that can be imposed for such actions is imprisonment for a term of up to 5 years.

If a violation of the procedure for holding a rally is committed for the first time, the organizer bears administrative liability under Art. 20.2 of the Code of Administrative Offenses of the Russian Federation (most often for holding an unauthorized rally). If such a violation is repeated more than twice within 180 days , the violators will face criminal liability under Art. 212.1 of the Criminal Code of the Russian Federation.

It should be noted that criminal liability for repeated violations of the requirements of federal legislation on holding a rally, meeting, or demonstration can be brought against people as young as 16 years of age (if the person is a participant in such meetings). The organizer of a procession, demonstration, picketing can only be involved if he is 18 years old (the organizer of a rally or meeting is 16 years old).

Hooliganism - Art. 213 of the Criminal Code of the Russian Federation

This crime has common features with petty hooliganism, for which one is brought to administrative responsibility under Art. 20.1 Code of Administrative Offenses of the Russian Federation (see above). A distinctive feature of hooliganism as a crime under Article 213 of the Criminal Code of the Russian Federation is a gross violation of public order and actions expressing clear disrespect for society.

This means that the perpetrator of such an act deliberately opposes himself to the moral principles of the social environment, consciously violates the rules of behavior accepted in a normal society, and understands that by his behavior he is disturbing the peace of citizens, creating a danger of harm to their health or damage to property. Petty administrative hooliganism is many times less dangerous and does not have such negative consequences.

Demonstrating a disdainful attitude towards society, the perpetrator of hooliganism expresses himself with coarse obscene language, insults people, uses obscene gestures, cynical statements, etc. In this case, one of the following signs is required :

• with the use of weapons (a forensic examination is carried out to determine whether they are suitable) or objects used as weapons (for example, a knife, an ax, etc.). Within the meaning of criminal law, using weapons/objects means that a person is waving them around, trying to inflict or inflict bodily harm on someone, damaging property with these objects, etc.
• due to political, ideological or national hostility or against a particular social group. This criterion is rarely encountered in practice and means that a person grossly violates public order, expressing clear disrespect for society, but he does this for a reason (in this case it would be petty hooliganism), but out of hostility towards any nationality or race, considering themselves superior to people of other religions. For example, a criminal specifically looks for cars of people belonging to the same faith and sets fire to these cars.
• on public transport, including airplanes, railway trains, and sea vessels. This criterion was recently introduced into legislation - in 2021. Stories periodically appear in the media about rowdies on airplanes who disturb the peace of passengers. Because of such drunken hooligans, flights are often delayed or even forced to abort, making an emergency landing. Before the introduction of this rule, it turned out that such violators bear only administrative liability, since they do not use objects as weapons and do not act because of national views. Since 2021, statistics indicate a decrease in the number of air rows, because now those who commit such an offense will face criminal liability.

It is necessary to understand that hooliganism within the meaning of Art. 213 of the Criminal Code of the Russian Federation will not apply in cases where insults, damage to property, etc. take place as a consequence of long-term hostile relationships between specific people. For example, when neighbors have been swearing at each other for several years due to existing conflict relations, swinging some objects at each other, and damaging the adjacent fence in their summer cottages. In this case, such actions are illegal, but they are not regarded as hooliganism, since there is no intent to violate the rules of conduct in a public place. Neighbors want to annoy each other, not disturb the peace of an indefinite circle of people.

If bodily harm is caused as a result of hooliganism, then Article 213 of the Criminal Code of the Russian Federation does not cover such consequences: additional qualifications for causing harm to health are required.

Hooliganism in judicial practice can be completely different depending on the circumstances.

For example , throwing stones at the windows of cars, houses, etc. can be considered a classic option. One of the high-profile cases in 2021 was the verdict of the Moscow district court, by which a citizen was found guilty of committing hooliganism using objects as weapons in public transport: he threw a cardboard box with a protruding wire into the closing doors of a metro electric train, while defiantly began to press buttons on your mobile phone. People perceived what was happening as a threat to their lives, panic and stampede began. The hooligan was sentenced to imprisonment in a maximum security colony; the sentence was reviewed based on complaints from the convict in all subsequent instances and remained in force. The judges regarded his actions as aimed specifically at disturbing public order and did not take into account the convict’s arguments about the lack of intent to commit a crime.

The punishment provided for in Article 213 of the Criminal Code of the Russian Federation can be in the form of a fine of up to 500,000 rubles, compulsory labor for up to 480 hours, or correctional labor for up to 2 years. In addition, the perpetrator may be sentenced to imprisonment for up to 5 years. The possible punishment is increased to 7 years in prison if the crime is committed by a group of persons by prior conspiracy or is associated with resistance to law enforcement officials. If the perpetrator used explosives, the punishment can reach 8 years in prison. At the same time, for “qualified” hooliganism (that is, with additional signs - a group of people, using explosives) they can be prosecuted from the age of 14.

New in legislation

Starting in April 2021, Article No. 267.1 appeared in the Criminal Code, which tightens liability for hooliganism on transport. The article covers any hooligan intentions that may threaten the safety of the vehicle.

It is noteworthy that now the accused do not have to be inside the vehicle. The article applies to hooligans blinding pilots; hooks that interfere with the movement of commuter trains; citizens breaking windows on trains for hooligan reasons.

Those guilty of these offenses are punishable by a fine of up to 300,000 rubles and may go to prison for 2 years.

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Article 267.1 of the Criminal Code of the Russian Federation

Responsibility for violations in public places according to the Code of Administrative Offenses of the Russian Federation

Let's consider the most common violations under the Code of Administrative Offenses of the Russian Federation and judicial practice.

Petty hooliganism

The most common type of petty hooliganism is provided for in paragraph 1 of Art. 20.1 Code of Administrative Offenses of the Russian Federation. Punishment - a fine from 500 to 1,000 rubles. or arrest for 15 days.

Petty hooliganism is a manifestation of disrespect for society, disturbing the peace of citizens: obscene language in a public place, offensive harassment of people, causing damage to other people's property. Hooligan actions are based on a deliberate desire to oppose oneself to others, to neglect society (clause 1 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of November 15, 2007 No. 45). But obscene language in itself is not hooliganism.

For example, the Stavropol Regional Court found that swearing during a conflict that occurred in the courtyard of a private residential building does not qualify as a violation: the courtyard is not considered a public place (Decision of December 16, 2015 in case No. 7-1343/2015).

Organization of mass stay of citizens

The violation is relevant, as provided for in Art. 20.2.2 of the Code of Administrative Offenses of the Russian Federation and has the following main features:

• mass simultaneous presence or movement of citizens in public places is organized or citizens are called upon to participate in such an event;
• the event is not public within the meaning of Law No. 54-FZ dated June 19, 2004 “On meetings, rallies, demonstrations, processions and pickets”;
• a gathering of citizens violates order, sanitary standards, and the safety of life support or communications facilities; green spaces are damaged; obstructing the movement of vehicles or pedestrians.

Let's sum it up

• Rules of conduct in public places are determined by federal and regional regulations.
• The most common violations of public order are petty hooliganism, organizing large gatherings of citizens, smoking and drinking alcoholic beverages.
• During the spread of coronavirus, violations of sanitary and epidemiological rules, in particular refusal to wear a mask and failure to comply with quarantine, have become particularly important.
• Responsibility for offenses in public places is introduced by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.