Violations in a public place - what is the responsibility?

The public and society impose certain obligations on the social unit - the citizen. Many people ignore these requirements, and when this happens, the citizen is held accountable and punished in accordance with the law. Categories of punishments differ.

The more serious the offense, the more severe the punishment. It depends on the nature of the offense and its consequences. Gross violations are usually punished in accordance with the criminal code.

Violation of public order is also a criminal offense - this is the category of “hooliganism”. However, it is necessary to establish which activities are considered hooliganism.

Public order

Order in society is a complex of established relationships among the population. This means relationships that are comfortable for people’s lives. These concepts are regulated by rules and regulations that are established and defined at the legislative level, in addition, many of them have the status of customs, traditions and norms. As a huge aggregate, these interactions become very difficult to maintain. But when we talk about order in society, we rather mean monitoring compliance with the rules of law.

The police and other government organizations should be involved in suppressing such events and other actions that run counter to the law.

It should be remembered that all these norms and rights are established by the legislature. When the state is deprived of order in society, then local observance of the rule of law, as a rule, is not preserved. Here we are talking about situations such as, for example, military actions, revolutionary actions and others.

Rules of behavior in public placesclass hour on the topic

Rules of behavior in public places

In public places it is prohibited:

1. Smoking

Citizens are allowed to smoke in designated areas and are prohibited from:

• on the territory and premises of educational institutions, youth affairs organizations, institutions providing services in the field of culture and sports;
• on the territory of medical, sanatorium-resort and rehabilitation organizations and inside their premises;
• on long-distance trains;
• on long-distance vessels;
• on aircraft;
• in public transport;
• at a distance of less than 15 meters from the entrances to metro stations, bus stations, railway stations, airports, sea and river ports, as well as inside their premises;
• in the premises of residential buildings, hotels and buildings for accommodating temporary residents;
• in buildings of social services, government agencies;
• at work;
• in elevators;
• in common areas located inside apartment buildings;
• on the beaches;
• on children's playgrounds;
• on passenger platforms for boarding and disembarking trains;
• at gas stations.

Punishment for smoking in an unauthorized place is provided in the form of a fine, the amount of which is up to 1,500 rubles.

Punishment for smoking on the territory of a children's playground is punishable by a fine of up to 3,000 rubles.

Places designated for smoking must be equipped with the equipment necessary to comply with sanitary standards.

1. Petty hooliganism

This term means a violation of public order in the form of:

• expressions of disrespect for society,
• obscene language,
• offensive harassment,
• destruction or damage to someone else's property.

Persons brought to administrative responsibility will be punished with a fine of up to 1,000 rubles or arrest for up to 15 days.

If the violator, along with the actions described above, disobeys the request of a government representative, he will face a fine of up to 2,500 rubles or administrative arrest for up to 15 days.

1. Drinking alcoholic beverages

The penalty for drinking alcohol in an inappropriate place is a fine of up to 1,000 rubles.

1. Use of drugs and psychotropic drugs without a doctor’s prescription, as well as consumption of intoxicating substances

Violators face punishment in the form of a fine of up to 5,000 rubles or arrest for up to 15 days.

If this offense was committed by a foreigner or a stateless person, then in addition to a fine or arrest, the offender will be punished by administrative deportation from the Russian Federation.

1. Appearing intoxicated

This offense is punishable by a fine of up to 1,500 rubles or arrest for up to 15 days.

1. Organization of a mass presence of citizens in a public place, which caused a violation of public order

Organizing a mass event that caused:

• violations of public order and sanitary standards;
• violations of the order of operation and safety of life support facilities, as well as the functioning of communication facilities;
• damage to green spaces, social infrastructure or vehicles.

If the organization of an event resulted in harm to health or property, then, provided that the actions of the violators are not criminally punishable, the sanction is increased to a fine of 150 to 300 thousand rubles, compulsory labor for up to 200 hours, or arrest for up to 20 days.

In cases where the described acts are committed repeatedly, the violator pays a fine of up to 300 thousand rubles or is subject to compulsory labor for up to 200 hours or arrest for up to 30 days.

So, we learned about the norms governing the rules of behavior in public places. For violating these norms, citizens face punishment in the form of a fine, compulsory labor or arrest.

Rules of behavior in public places.

A culture of behavior in public places, compliance with all rules of communication etiquette indicates a person’s high cultural development, his upbringing and manners. Communication with a well-mannered, intelligent person brings a lot of positive emotions; it is always a pleasure to spend time and do business with him. Culture has evolved and been shaped over many centuries in different ways in different civilizations. But today we have come to the conclusion that the level of culture of the population has dropped significantly compared to the last century. Many people over several generations have no idea how to behave in society, in transport, in a theater or restaurant. — Read more on FB.ru: https://fb.ru/article/1099/pravila-povedeniya-v-obschestvennyih-mestah

I want to tell you some rules of conduct in public places. Let's start with basic norms of behavior on the street. When you walk down the street, you need to be respectful of passers-by; you cannot fasten your fly while walking, tuck in your shirt, pull up your tights, etc. You need to walk smoothly, without waving your arms or the things you are carrying. It is necessary to strictly observe the direction of movement of pedestrians, so as not to collide head-on with oncoming traffic. There is no need to push the person walking next to you, and under no circumstances should you look at beautiful women passing by, pregnant women, disabled people and people with external deformities; this indicates a very low culture. On the street you also cannot spit, litter, chew a toothpick in your mouth, or walk in a line of three or more, as you will block the path of oncoming passers-by. If you meet an acquaintance on the street, then you should not run up to him with shouts and hugs, especially if he is accompanied by people you do not know. The rules of behavior in public places oblige you to politely greet him, and if he has not shown his desire to talk to you, move on. If he does stop, then you should not detain him for long, since your communication partner should not wait for him for long. And vice versa, if you are walking with a girl or another man, then you should not start a conversation with an acquaintance on the street, since it is uncivil to make your companion wait, especially if it is a woman. — Read more on FB.ru: https://fb.ru/article/1099/pravila-povedeniya-v-obschestvennyih-mestah

If you need to discuss something important, then be sure to include your companion in the conversation, men must be introduced to each other, a woman has the right not to introduce herself. But even in this case, the conversation should not take much time. Now behavior in public places, public transport. If you use public transport, then you need to remember a few rules: at the entrance, be sure to let pregnant women, women with children, the elderly and disabled people pass first. If you see that one of the above needs help, it would be tactful to offer your help, but under no circumstances should you grab hands without his permission. When on a bus, metro or minibus, do not enter into conflicts with passengers, give way to preferential categories of people. If someone steps on your foot, don’t shout to the whole bus how much it hurts, it’s tactless. And if you step on someone else’s foot, you should apologize clearly and calmly. In the theatre. If you decide to go to the theater, you need to remember the following rules of behavior in public places: you need to arrive at the theater performance in advance in order to have time to put your outerwear in the wardrobe and get yourself in order. It is necessary to follow the rules of appearance in the theater. Under no circumstances should you dress frivolously, especially jeans and T-shirts. Following the rules of behavior in public places, it is customary to wear either a classic suit or just trousers and a shirt (for men) to the theater. It would be better for a woman to wear an evening dress and shoes or a classic skirt with a blouse. You must enter the hall as soon as the first bell rings for the start of the performance and take your seats strictly. If there are already people sitting in your row, then you need to walk past them facing them. SubscribeShareTellRecommend - Read more on FB.ru: https://fb.ru/article/1099/pravila-povedeniya-v-obschestvennyih-mestah

Rules of behavior in society for teenagers.

Etiquette for girls. Rules of conduct for girls.

Despite school, clubs and household chores, every girl has free time!

Surely you are aware that any public place has its own rules of behavior. They must be known and followed! This will not only show that you are an educated person, but will also make your life easier in many ways. You don't want to get into an unpleasant situation just because you broke some rule, do you?

So, how to behave in different institutions in order to make a good impression on others?

How to behave in the library

The library is a place that many people visit! And the rules of conduct here are quite strict.

Every library has a wardrobe. Leave your outerwear and all unnecessary things there. Take with you only what you need: a notepad, a pen, a library card. Do not leave valuables in the wardrobe! Take your mobile phone and money with you.

Keep silence in the reading room! After all, people don’t come to the library to socialize. You may even be asked to leave the premises if you start discussing a particular book loudly.

When you take the materials you need, find a free place and get ready to work.

Remember: keep the books in the condition in which they came into your hands! Do not bend the corners of the pages (better use a bookmark), do not drop books or place other objects on them. Under no circumstances should you tear out the pages or chapters you need! Use a photocopier if you don't want to carry tomes home. You're not a wild caveman to treat books like that!

How to behave in nature

Do you like to be in nature? Even if you prefer the city, at least sometimes get out of the concrete jungle into the forest! This will help you not only maintain good health, but also improve your mood.

When you relax outside the city, remember the rules of behavior in nature. They must be followed!

The most important, let’s not even be afraid of this word, global problem is garbage.

You come to the forest, so beautiful, as if on an artist’s canvas, and... mountains of garbage, that’s what you see there!

For some reason, people are sure that leaving bottles, candy wrappers and other unnecessary things in the forest is in the order of things.

Under no circumstances should you leave plastic, tin and plastic packaging, plastic bags and glass bottles in the forest!

You don’t want to become like pig-like individuals who don’t consider it shameful to pollute nature? Would you be happy if people littered your home? And the forest is home to many animals and plants! Therefore, treat it with care and respect!

Show by example that protecting nature is not at all difficult if you follow simple standards of behavior.

Take a garbage bag with you to the forest, collect bottles and cans and throw them in the trash containers when you arrive in town. If you want to light a fire, take only dry branches! Do not cut down living trees, do not leave any ointments on them. Vasya would be unpleasant if someone wrote such an inscription on his forehead. It’s just as unpleasant for trees - they are alive too!

Do not tear down or trample plants! Don’t rush to pick “that cute little flower for a bouquet.” The flower will wither, and you will throw it away along with the bouquet. But you can’t bring the plant back to life! In addition, many flowers can be listed in the Red Book and be under state protection!

Don't build a fire near a thicket. Be sure to put out the fire before leaving! Starting a fire is a piece of cake, but putting it out is not always possible...

How to behave on the train

Are you traveling by train? Your dream has come true, and you are going to the sea... Or somewhere else, the main thing is that you are going. And even by train!

Traveling will become easy and joyful for you if you follow simple rules. On the contrary, if you don’t know these rules, unpleasant surprises can ruin the most interesting trip!

Don't be late for the station! After all, the train won’t be waiting for you - you’ll have to hand over your tickets, and your entire journey will end before it even begins.

On top of that, in a hurry, you can forget the necessary things. And this is also not very good.

According to the rules of etiquette, a man enters the carriage first. He offers his hand to the woman. And the youngest of the men helps carry things into the carriage.

Upon entering the carriage, go to the seat indicated on your ticket. Place your luggage. If your fellow travelers are already there, greet them and identify yourself. If you have a lower bunk, you can put your things in the luggage compartment, which is located under it. If you have a ticket to the top bunk, lift your luggage into the luggage rack or put it in the alcove above the door if you are traveling in a compartment.

Don't take a lot of food on the road, especially during the hot season. If you intend to take food with you, choose something with a mild smell, otherwise your neighbors may not like it.

The one who sits on the bottom shelf regulates food intake. Therefore, if you have a lower bunk, ask the passenger from the top when he is going to have a snack, so as not to interfere with each other.

It is prohibited to drink alcohol on the way!

How to behave at a disco

A disco is a place where people gather to dance. However, there are rules of behavior that must be followed there!

Make sure you have comfortable clothes. You will be dancing actively, so give preference to clothes that do not restrict movement.

The dances take place in a semi-dark room, so it will be great if your blouse or the inscription on it glows in the dark!

Don't stand on the sidelines during the disco. Dance, but don't push or step on your neighbors' feet. It’s unlikely that anyone will like it, respect others!

From time to time, go out of the room to get some air and wash yourself. This way you will feel better and can dance all night long!

And remember: it’s better not to drink alcohol! After all, you came to dance, not to drink.

Rules of conduct when visiting

Let's talk about some rules that you need to follow if you go to visit.

You don't have to invite someone to your home. If you have a date with a guy, then you will most likely go to a cafe, theater, concert or disco. By the way, according to the rules of good manners, even a woman can invite a man to a theater or concert! Only after the acquaintance has become sufficiently strong.

The one who invites acts as the host (or hostess). The one who is invited is a guest or guest.

Before accepting an invitation to visit or becoming the hostess yourself, think about what you will wear.

A lot depends on where you are going or where you are inviting another person. Clothes must be appropriate for the occasion!

So, if you are going to take a walk in nature, you should not wear a smart dress and high-heeled shoes. And if you are going to the theater or restaurant, then a festive dress will come in handy!

Cosmetics and hairstyle are also required appropriate for the occasion. If possible, they should match your style and your personality.

For an elegant dress, choose appropriate accessories (shawl, handbag, jewelry). Don't wear sports shoes! Even if you're wearing a skirt or trousers, save your sneakers for a more appropriate occasion.

If you receive an invitation to visit, don’t be late! Upon entering the house, say hello to all guests. When leaving the room, don’t push everyone aside so that, say, you can be the first to see the fireworks if it’s a New Year’s party. According to the rules of etiquette, when a lady enters the room, men stand up to greet her in this way.

It is considered bad manners if, while talking to a person, you suddenly turn your back to him. It doesn’t matter whether you consider who Anka is chatting with or what handsome guy Natasha has picked up, don’t show disrespect to your interlocutor! After all, this person may perceive your behavior as a personal insult!

What should you do if, in the midst of fun, you are asked to sing or play something? When you practice vocals or play the guitar, don’t deny it and don’t demonstratively turn your head away! After all, why not please your guests with your skillful playing of a musical instrument? It’s another matter if your singing makes the water in the pipes freeze and the cockroaches in the bathroom die together. Then, of course, there is no point in torturing your guests.

Don't constantly look at the clock - the owners may think that you are bored and tired of the fun. Even if this is true, show respect to the party organizers.

But don't stay long visiting! This is considered extremely indecent: everyone has already left, and you still “delight” the hosts with a detailed retelling of your favorite film. Think that everyone is tired and wants to relax after a busy day, and only the rules of etiquette force the unfortunate organizers of the holiday to listen to you!

When leaving, be sure to thank the hosts for an interesting evening!

Rules of conduct in the theater

What to do if you are invited to the theater? According to the rules of etiquette, it is believed that if you are going with a guy, he should have the tickets. And here it doesn’t matter who invited whom: he invited you or vice versa.

The guy is the first to enter the auditorium, the first to walk along the row to your seats, and only then gives you the right to choose a seat.

When you go to your seat, always turn to face the spectators in your row! After all, you are causing trouble, so if you walk with your back to them, it is considered bad manners. It's better if you take your seats in the hall on time, don't be late!

Usually the girl sits to the right of the guy. However, it happens that there is a particularly tall person sitting right in front of you, because of whom you can’t see anything at all. Then you can switch places. If the seats are located on the side, the one that is located further from the stage or stage is more convenient. You need to sit in this exact place.

What if you both didn’t like the play or concert? There is no need to express your dissatisfaction out loud and especially notify the spectators nearby about it. They may like the production, why impose their opinion?

Don't discuss acting or performers' skills with your boyfriend. And under no circumstances leave before the end of the performance! Think about it: the actors worked so long to show the audience their performance, and this is how you treat them! Respect both the audience and yourself.

Don’t rush to the cloakroom immediately after the end of a performance or concert so you can get dressed as quickly as possible. After all, you don’t go to the theater or a concert every day! You yourself will be pleased to extend the festive atmosphere of the evening!

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What is considered a violation?

Usually, disruption of order in society is accompanied by desecration of the feelings of a person. These include:

• swearing;
• fighting and causing bodily harm;
• insult to personal feelings.

When a person had no obvious intentions to neglect the law and violate the law, it is almost impossible to punish him and hold him accountable. In such a situation, a preventive conversation is held with the citizen. Such an event is appropriate and applicable only in cases where the person violating the order did not have direct intent. If actions of an illegal nature had direct intent and intent, then such actions are classified as dangerous actions, because they can pose danger and aggravated consequences.

Practical nuances

Holding citizens accountable for violating public order is possible only if the act is committed in a public place. However, the legislator does not provide a direct definition. In practice, a public place means any territory to which the majority of citizens have free access.

Domestic quarrels cannot be considered a violation of public order. They are usually carried out on private territories. Moreover, such conflicts are rarely committed intentionally.

A special article also regulates relations between neighbors in an apartment building. On the one hand, noise at night is also a violation of public order, but the legislator has provided a separate sanction (Article 6.3 of the Code of Administrative Offenses of the Russian Federation) related to sanitary standards.

Violation of public order can be either a criminal offense or an administrative offense, it all depends on the severity of the consequences that arose as a result of the violation. The actions are called hooliganism and must be expressed in offensive behavior towards citizens, society or the state. Most often it involves obscene insults, inappropriate behavior or damage to property, both public and personal.

Concepts

Today the world is populated by a large number of people of different nationalities, many of whom have specific religious beliefs. In this regard, society defines totally different norms and rules as social order. Many societies, religions and nations have different ideas about a peaceful society and order. This influences the fact that order in society is generally considered to be the recognition of the rule of law in the state. The law does not prohibit organizing events that relate to culture and religion. However, ritual procedures can only be organized in specific locations.

The indirect commission of a criminal act can also be a factor in the violation of public order, and not just its direct production.

Liability for violations in public places during the coronavirus period

The concept of a public place in 2022 began to be applied in relation to new circumstances - the spread of coronavirus infection. In connection with this, many regions of Russia have obliged people to observe a mask regime, and, if necessary, quarantine.

At the same time, regional authorities have established lists of public places in which people are required to wear masks. And since April 2022, new types of liability for coronavirus violations have appeared.

We talk more about fines due to coronavirus in a separate article.

Composition of the offense

Every citizen of the state has the right to personal freedom and integrity. Any actions that have the nature of hooliganism lead to a violation of the order of observance of rights. Individuals who commit illegal actions destroy the atmosphere of peace and well-being of society and individuals. In fact, absolutely every act of a hooligan nature has selfish and evil motives, which is characterized as a crime.

The severity of punitive measures is determined in accordance with the level of danger of possible consequences and the danger of violating the law. The category of danger is determined depending on the method, nature and location of the commission of illegal actions.

Its violation

A person can violate accepted norms of behavior by accident without the intention of causing inconvenience to others and infringing on their legitimate rights and interests; in this case, a preventive conversation, the initiator of which can be any socially active citizen, is sufficient to correct the situation. A person’s ignorance can serve as an excuse, and his mutual understanding, in case of comments from the outside, is an indicator of an adequate reaction to the presence of norms of public order and readiness to comply with them.

Intentional violation of the rules of behavior and interaction with others, regardless of the reasons, is a socially dangerous phenomenon, since such individuals threaten the well-being of others and public property.

We’ll talk about the concept and types of crimes against public order further.

Concept and characteristics

A violation of public order is an unlawful act that threatens the accepted system of values ​​and rules of behavior in places of collective residence of people, enshrined in the legislative acts of a certain state in a similar status. Actions that are condemned by certain social groups or accepted as normal, but prohibited by the state of residence, are not acceptable outside such communities, among citizens who do not approve of a similar worldview.

A characteristic feature of a violation of public order is its social danger, that is, the presence of a potential threat to everyone around who has become unwitting witnesses to what is happening.

The rights of citizens can be violated, both through direct influence on them and their property by criminals, and indirectly, when the victim is forced to observe unpleasant scenes or listen to words and sounds that offend him.

Read more about gross and minor violations of public order.

Types of atrocities

The list of actions that are prohibited in relation to other people, due to their social danger, is quite extensive and includes:

1. Cruelty to animals, which is characteristic of people with sadistic tendencies, often formed precisely by observing other people commit similar actions, especially at a young age.
2. Vandalism, manifested in damage to property, including real estate, which can be expressed in arson, complete or partial destruction, writing and drawings, as well as any other actions causing harm.
3. Prohibited propaganda, which consists of disseminating information that distorts people’s worldview and shapes views, norms, values ​​and beliefs, leading to socially dangerous behavior and disruption of public order.
4. Participation in mass riots in Russia is a criminal offense, since any subject who causes harm to others and their property, as well as disobeying legitimate authorities and being in a crowd of like-minded people, poses an increased threat and danger to people and society.
5. Organizing mass riots is considered a criminal offense and consists of preparing an action plan, training performers of certain roles, supplying them with weapons and coordinating the process of its implementation.
6. Calls for mass riots, which are part of organized crowd outrages, push people to commit illegal actions that threaten others, and therefore are unacceptable and subject to condemnation.
7. Undergoing training to participate in atrocities among a mass of people is criminally punishable if the subject does not realize the danger of the plan and does not refuse to participate in it, assisting the investigation in terms of identifying the organizers and other participants.
8. Hooliganism, as a demonstrative contempt for the norms of public order, can be expressed in obscene language in public places and attacks on passers-by with the use of weapons. The range of actions classified as hooliganism is quite wide and includes a lot of actions that show disdain for others and the laws, but do not lead to serious consequences that would allow the application of another article of the Criminal Code of the Russian Federation for violating public order. A variation is telephone hooliganism, an action designed to annoy people remotely, via telephone communication.

Read more about fines and other penalties for violating public order.

Type of illegal act

Any acts aimed at violating human rights are divided into a number of types and categories. Insult refers to abusive speech directed at an individual or group of people. Such acts are defined as disrespectful behavior.

Holding a personal item (wardrobe item) or part of a person’s body is considered an offensive act. Vandalism is defined as writing words or sentences of an offensive nature. The same actions may offend some cultural locations.

Scattering garbage is also considered one of the signs of hooliganism in relation to society, moreover, it can cause harm to certain individuals.

Methodology for suppressing OP violations

The protection of social values ​​and order is the responsibility of every citizen, since failure to take action against violators instills in them the idea of ​​impunity and the permissibility of such behavior, which leads to the repetition of such actions and aggravation of their consequences. However, counteracting hooligans can be associated with risks to health and life, so caution should be exercised when showing social activity towards violators of public order.

Contacting law enforcement agencies is optimal if citizens’ requests to comply with norms and rules of conduct in public are ignored by individuals or their communities. The police have the right to arrest the offender and open a criminal case for each fact, and the degree of punishment will be established by the court.

What actions characterize a violation of the law

These include:

• actions that are detrimental to dignity and personality;
• showing disrespect towards certain persons;
• changing the location of things with the intent to cause harm or other damage;
• obsessive harassment;
• offensive sentences;
• causing damage to property and other valuables.

During the preparation of protocol documents by law enforcement officers, the time and location of the commission of the unlawful act are recorded.

New in legislation

Starting in April 2022, 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

Use of weapons

In certain situations, persons committing hooligan acts use weapons. A traumatic or firearm item and other instruments with the help of which it is possible to cause harm and damage can be used as a weapon. This could be stones, fittings, glass, bits, and so on.

In a situation where a person holds a knife in his hands, but does not perform any actions with it, he cannot be held accountable. Such an act is considered petty hooliganism. In accordance with the Code of Administrative Offences, a person can be prosecuted in cases where a citizen does not have permission to own a weapon.

Responsibility for smoking in public places

Increased attention is paid to protecting the health of citizens in public places.

Art. 12 of Law No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke...” prohibits smoking:

• in the territories and premises where educational, medical and sanatorium-resort services are provided;
• services of cultural organizations and youth affairs bodies;
• physical education and sports services;

If a citizen violates the smoking ban in such places, he faces a fine under Art. 6.24 Code of Administrative Offenses of the Russian Federation:

• from 2,000 to 3,000 rub. - for smoking on the playground;
• from 500 to 1,000 rub. in other cases.

Example - Decision of the Moscow City Court dated September 30, 2015 in case No. 7-8235/2015 on holding a citizen liable for smoking at a distance of less than 15 meters from a metro station.

Criminal Code

When hooligan acts are committed with the use of weapons, the fine can be up to 500 thousand rubles, or the offender can be imprisoned for up to 5 years. Crimes characterized as vandalism are punishable by a fine of up to 40 thousand rubles. Arrest for up to 90 days is also possible, or the violator can be imprisoned for up to three years. Severe punishments are applied to people who organize mass disorder. For such an act you can be imprisoned for up to 15 years.

The organizer of a violation of the order, during which property was damaged, may be sentenced to prison for up to 8 years.

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.

Minimum punishment (clause 1 of article 20.2.2 of the Code of Administrative Offenses of the Russian Federation):

The key point of the violation is the creation of obstacles to movement and access to infrastructure facilities.

The Constitutional Court explains that a mass event entails administrative liability only if it is accompanied by negative consequences for others and public order (Determination No. 1721-O dated October 24, 2013).

Explanations are taken into account by judges in judicial practice:

Suppression of illegal acts

Law enforcement agencies use educational and punitive measures as punishment. Such structures are intended not only to apply punitive measures, but also to suppress acts that have not yet been committed.

All of the listed illegal actions are considered hooliganism, they are punished in accordance with the administrative code. True hooliganism is punished in accordance with the criminal code. Such measures apply to persons who beat or injure another person, as well as to offenders who:

• harmed people's health;
• disrupted the activities of an organization or vehicle.

Such offenses can lead to serious consequences.

Responsibility for drinking alcoholic beverages in public places

In many public places it is prohibited not only to smoke, but also to drink alcoholic beverages. Law No. 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products...” (Clause 7, Article 16) introduces a list of places where drinking alcohol is not allowed.

Here are some of them that are different from those prohibited for smoking:

• athletic facilities;
• combat positions of troops, training grounds, communication centers, military units, etc. buildings and structures of the Armed Forces of the Russian Federation;
• places of mass gathering of citizens during public events;
• recreational areas: forests, squares, parks, lakes, etc.

Drinking alcohol purchased in a public catering facility is permitted only within the premises of such facility.

The Code of Administrative Offenses of the Russian Federation introduces sanctions:

Appearing in a public place while intoxicated is considered an offense, regardless of where the alcohol was consumed.

The Constitutional Court emphasized that the norm of Art. 20.21 of the Code of Administrative Offenses of the Russian Federation is aimed at protecting order, morality, life and health of citizens, since persons intoxicated create a threat not only to themselves, but also to others.

The key point of the violation is an insult to human dignity and morality:

• rude shouts, gestures, pestering people;
• an unkempt appearance that causes disgust: dirty clothes, redness of the skin, smell;
• inability to navigate, impaired coordination of movements, helplessness up to loss of consciousness.

Application of Art. 20.21 of the Code of Administrative Offenses of the Russian Federation requires proof of the fact of intoxication. ATS use a procedure similar to a medical examination of drivers, but this is not entirely true. Therefore, being in a state of intoxication can be proven by appearance using witness testimony.

What violations are considered administrative?

Administrative offenses encroaching on public order are reflected in Chapter 20 of the Code of Administrative Offenses of the Russian Federation and include:

• petty hooliganism;
• misconduct of public order in holding rallies, demonstration meetings, processions, picketing;
• demonstration of paraphernalia and symbols of fascist themes;
• fire safety violations;
• offenses in the field of military registration;
• violations of civil defense rules, etc.

Important! The list is long, many more offenses can be included in it; more details can be found in the above-mentioned chapter of the Code of Administrative Offences.

Punishment for an administrative offense

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.