Hooliganism: what it is, responsibility, types, disposition, judicial practice, etc.

skinheads

2.2 Telephone hooliganism

3 Definition of hooliganism in criminal and administrative law. Types and signs of hooliganism

3.1 The difference between malicious hooliganism and petty hooliganism

4 What are the penalties

4.1 Administrative punishment for “minor” hooliganism, Art. 20.1 Code of Administrative Offenses of the Russian Federation

4.2 Criminal punishment for hooliganism. Article 213 of the Criminal Code of the Russian Federation

5 Disposition and judicial practice under Article 213 of the Criminal Code of the Russian Federation

6 The difference between hooliganism and vandalism

7 The difference between hooliganism and riots

8 The difference between hooliganism and crimes against the person

What is hooliganism

In everyday life, the word “hooligan” carries harmless information. Someone will shout a little or break a window or swear, that is, they will violate generally accepted norms of behavior or “behave.” Often society forgives minor pranks and treats them leniently: it doesn’t happen to anyone.

Where to find the line when actions become criminal offenses. The legislation of the Russian Federation clearly formulates all the nuances of violations of public order that are unacceptable by citizens.

In 1905, the term “hooligans” was used for the first time in a printed publication in Russia. This is the nickname given to the loafers who wandered on the street and mocked the townspeople for the sake of laughter. During the period of revolutionary ferment, young people challenged public opinion.

This is how a semi-criminal subculture among young people was formed. They were distinguished from the crowd by their special form of clothing, swagger in behavior and more:

wandering around the streets, using foul language, disrespecting the authorities and the clergy;
pestering townspeople, beatings, fights, invading private territory demanding money to buy alcoholic beverages;
arson, destruction of personal property of citizens;
appearing naked in a public place;
vandalism.

The evil that was gaining momentum in Tsarist Russia fully unfolded during the NEP (New Economic Policy in the 1920s). Hooligan circles were created that terrorized the local population. These are already criminal groups that robbed, raped, and killed.

In 1922, the Soviet government formulated a criminal article on hooliganism, which provided for punishment in the form of correctional labor or one year in prison. At the same time, hooliganism, as a type of offense, was separated from banditry.

In 1935, the punishment for hooliganism was toughened: 1 year was replaced by 5 years of imprisonment.

How to register a violation and punishment for it

The manager decides what measures to take against a negligent employee. To do this, he must have reliable information about the offense, supported by documents (memorandum, act). An approximate procedure for registering an offense and disciplinary action is as follows:

Notifying the manager about the misconduct. Usually, for this purpose, an act is drawn up in two copies. If there were several episodes, the report must be drawn up for each separately.
Demanding an explanation from the employee. Within three days, he can draw up an explanatory note indicating the reasons for the offense or refuse explanations. In this case, a corresponding act is drawn up.
Issuance of an order to take measures (based on available documents). Formed no later than 30 days from the date of violation.

If the employee is absent from the workplace, a requirement to explain the misconduct and a copy of the dismissal order are sent to him by mail, with acknowledgment of receipt.

It is necessary to understand that when issuing a reprimand, and even more so when dismissing, it is very important to comply with the documentary regulations. If the procedure established by law is ignored or violated, the employee will have the opportunity to challenge the decision in court and even regain his labor rights.

The dismissal order must indicate:

date of termination of the employment contract;
the rationale for this decision;
list of supporting documents.

On the last working day, an employee dismissed for a disciplinary offense is issued a labor and (if available) medical record book, a certificate of average salary for the last 3 months (2-NDFL), a form indicating the amount of salary for the last two years (for calculating sick leave), and any necessary certificates and extracts. Also, on the day of dismissal, it is necessary to make a full settlement with the employee. He must receive the amount due to him for days worked, compensation for unused vacation, severance pay, if it is provided for in an employment or collective agreement.

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Hooliganism as a social phenomenon and criminal subculture in Russia at the end of the 20th century and today

At the end of the 20th century, an ideological vacuum formed in the country, which quickly began to be filled by a criminal subculture. Against everyone and everything, and therefore against public order.

If criminal structures and law-abiding citizens occupied different positions, then a new generation of criminals began to actively penetrate the social environment, dictating their priorities.

Gopniks and skinheads

Hooliganism as a subculture of “gopniks” and “skinheads” began to take shape at the end of the 20th century as a reflection of destructive processes in society, as a protest of young people and as a result of the destruction of national culture, disorganization of the educational process and the collapse of ideals.

The skinhead youth subculture has its own ideology. They carry within them a cult of violence and racism. According to specialized literature, blows for beating people are studied. The first skinheads were football fans. To prevent the opponent from getting caught in his hair in a fight, they began to shave their heads, leaving a short crew cut on the top of the head.

A crowd of young, aggressive, skinheaded people proclaimed the idea of a clean nation. Beer, vodka and fighting - that’s the whole culture. Skinheads keep people of a different nationality and race, alien to them, in fear.

Fifteen-year-old boys in the crowd feel strong, invincible. They like to challenge society. Often their aggressive concentration is directed by representatives of criminal structures for their own purposes. A wide, heavy black jacket, jeans, suspenders and black ankle boots, a clean-shaven head. Russian skinheads showed themselves to a greater extent in the 90s of the last century.

Gopniks are not carriers of any ideology. This is a street gathering, aggressively opposed to public order. For Gopnik guys, challenging the law is a special chic and the direct purpose of representatives of this subculture. Russian gopniks are exponents of the image of a simple guy who does not like to philosophize. Gopnik caps symbolize their proletarian origins.

The hooligan actions of gopniks and skinheads cannot be called harmless. They not only violate public order, but also in many cases commit particularly serious crimes.

Telephone hooliganism

Anonymous telephone calls about a bomb being planted, a building being on fire, or a terrorist attack being committed force a rapid response team to go to the specified address. After the operation, it turns out that the call was false.

Depending on the severity of the offense and the nature of the calls, such behavior may be classified as an administrative or criminal offense.

If someone who likes to talk systematically threatens with violence over the phone or intimidates, then this is an administrative offense or petty hooliganism. However, in case of false testimony about terrorism, the “joker” will suffer criminal punishment up to 3-5 years in prison.

In the modern world, the criminal subculture has taken a legal position. Thus, the socially aggressive antipode of the cultural heritage of the people is introduced into life through prison art. The romantic aura of criminal life is erected through pulp detective literature and their film adaptations.

The most vulnerable part of the population – young people – is subjected to negative mental attack. For mentally unstable minors, street gangs that commit illegal acts become the standard.

Hooliganism is an extremely dangerous phenomenon. Random passersby can become victims of violence, humiliation, and physical harm. Youth groups bring chaos to society. Football fans are beating up fans of the opposing team. At the same time, there are many cases of physical injuries as a result of a fight, including being forced into a wheelchair.

When flying on airliners while intoxicated, passengers often commit illegal actions: obscene language, aggressiveness, rowdy behavior. A life-threatening situation for passengers is created on the plane. To prevent accidents, workers try to isolate aggressive individuals before takeoff.

Types of penalties

Responsibility for non-compliance with labor discipline is prescribed in Article 192 of the Labor Code of the Russian Federation. Depending on the offense committed, types of liability are provided:

Oral remark. This is a punishment for an offense committed by an employee for the first time. In this case, the violation should not be significant, gross or dangerous for the activities of the enterprise or its specific employees.
Rebuke. This penalty is recorded by drawing up an appropriate order from the manager. Imposed for repeated and (or) gross violation of labor regulations. It can be entered in the work book (usually this is done in the event of a repeated act that becomes the reason for dismissal).
Termination of employment relations at the initiative of the employer. Dismissal is resorted to in case of gross non-compliance with labor discipline - single or repeated, refusal to perform job duties, as well as if the employee performs his duties poorly and inattentively, refuses to eliminate violations and revise his own approach to work.

Definition of hooliganism in criminal and administrative law. Types and signs of hooliganism

According to the definition of the Criminal Code of the Russian Federation (similar to the Code of Administrative Offenses of the Russian Federation), hooliganism is, first of all, a gross violation of public order. A hooligan openly expresses his disrespect for established norms of behavior in society, which entails criminal or administrative liability.

Depending on the severity of the violation of public order, hooliganism is classified into several types: gross hooliganism (falls under the rules of criminal law) and petty hooliganism (falls under the rules of administrative law).

In modern society, violation of public order according to the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation defines such types of hooliganism as:

domestic hooliganism is a spontaneously caused aggression that flared up due to a hostile attitude towards the victim. In this case, the offender used a weapon or a dangerous object to strike;
hooliganism in transport - rowdy, swearing, insulting passengers and vehicle workers, using dangerous objects that threaten life. On board an airliner, passenger train, river boat, scheduled bus or taxi, hooliganism can cause accidents;
hooliganism due to racial, religious, political or ideological hatred (borders on extremism). Political, ideological, religious or national enmity causes hatred towards a certain social group. Such acts of aggression are usually committed with weapons, life-threatening objects, or without weapons.
disobedience to the legal request of a government official or other person performing duties to protect public order or suppressing violations of public order.

The main distinguishing feature of hooliganism is its antisocial orientation - the hooligan act must be committed in a public place. Otherwise, the offender’s actions will be classified under another article.

The difference between malicious hooliganism and petty hooliganism

In modern law, a distinction is made between hooliganism as a criminal offense and petty hooliganism, which falls under the norms of administrative law, depending on the degree of danger of the unlawful actions committed and their consequences.

Thus, petty hooliganism is actions committed in public without causing damage to others or property. Typically this is:

Obscene language and swearing in a public place;
Senseless, without intent damage to property (breaking shop windows, damaging benches, etc.). But if there was intent, then such actions can be classified as vandalism.

Malicious hooliganism is, first of all, a gross violation of public order, causing significant harm to victims and a manifestation of clear disrespect for other citizens. Signs of gross hooliganism usually include:

assault and bodily harm of varying degrees of severity;
destruction or significant damage to someone else's property;
gross obstruction of any action (disorderly conduct during the flight of a passenger airliner)

An aggravating circumstance is the presence of objects that can be used as weapons, the use of such objects or the threat of their use. Such actions will be classified as malicious hooliganism.

Crimes against public order

Hooliganism

(Article 213 of the Criminal Code). The social danger of a crime is that when public order is encroached upon, human rights, health, honor, dignity, peace of citizens, their living conditions, work and rest, the interests of enterprises, organizations, institutions, transport, etc. are significantly violated.

Hooliganism is a gross violation of public order

expressing
clear disrespect for society
, involving
the use of weapons or objects
used as weapons, as a specific method of action of the guilty person, or
based on
political, ideological, racial, national or religious
hatred or hostility
towards any social group, or
on railway, sea, inland water or air transport, as well as on any other public transport.
If, during hooliganism, harm is caused to the health of the victim without the use of weapons or objects used as weapons, or the guilty person does not act for the reasons stated above, then the act may be classified as a crime against a person with hooligan motives under an article in which this circumstance is a qualifying feature , or as petty hooliganism (Article 20.1 of the Code of Administrative Offenses of the Russian Federation).

The main direct object

crime is public order.

Public order should be understood as a system, a complex of relationships between people, rules of behavior, community life established by regulations, morality, customs, traditions that ensure an environment of public peace, security of people in various spheres of life, personal integrity, integrity of property, normal functioning of state and public institutions.

Additional object

crimes can be the health, honor, dignity, physical integrity of citizens, including those suppressing violations of public order, government officials.
The objective side
of hooliganism is expressed in a gross violation of public order, expressing clear disrespect for society, committed: a) with the use of weapons or objects used as weapons; b) or based on political, ideological, racial, national or religious hatred or hostility towards any social group; c) either by rail, sea, inland waterway or air transport, as well as by any other public transport.

Hooliganism is a formal

, is recognized as terminated from the moment of committing actions that grossly violate public order and express clear disrespect for society.

From the subjective side

the crime is characterized by direct intent.
A mandatory sign of a crime is a hooligan motive
.

Subject

a crime is a person who has reached the age of 16, and when committing a crime under aggravating circumstances (parts 2 and 3 of Article 213 of the Criminal Code) - from 14 years of age.

Vandalism

(Article 214 of the Criminal Code). The social danger of vandalism, in contrast to hooliganism, is not only that these actions grossly violate public order, the peace of citizens, and norms of public morality, but also cause damage to property by desecrating buildings and other structures, damaging property in transport or other public places.

For the same reasons, vandalism committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group, also differs from hooliganism.

In cases where, along with vandalism, a person commits hooliganism, liability for which is provided for in Art. 213 of the Criminal Code, the act should be classified as a set of crimes.

It should be noted that vandalism also causes spiritual harm to society, for example, damage to memorials and monuments.

Additional object

Crimes are property relations.
The subject
of the crime can be buildings and other structures built by people, i.e.
immovable objects of various functional purposes (intended for living, working, studying, storing valuables, property, holding sports, cultural events, etc.), located in public, collective or individual use (stadiums, bridges, overpasses, ground part pipelines, fences, etc.), any property on public transport or in other public places (seats, glass, lighting devices, equipment, transport bodies, traffic lights, doors, windows, walls of clubs, cinemas, cultural and entertainment centers, recreation parks , attractions, control panels, intercoms, toilets, etc.). Personal movable property, goods, natural objects, forest plantations are not the subject of the crime in question. The objective side
of vandalism is expressed in actions that offend public morality: in the desecration of buildings or other structures; damage to property on public transport or in other public places.

Desecration involves various actions that disfigure public buildings, structures or parts thereof and offend public morality. This is expressed in the application of obscene drawings, cynical inscriptions, obscene words, pasting of posters, reproductions, poems of immoral content, contamination of buildings and structures with dyes, sewage, damage to historical and cultural monuments, their artistic elements, bas-reliefs, signs, doors, in mockery of generally accepted spiritual and historical values, for example, placing fascist symbols on monuments to fighters against fascism and Nazism, applying inscriptions or images on religious buildings that offend the feelings of believers.

Actions that are not intended to offend public morality or a public reaction, for example, writing obscene words on the fence of an abandoned building, painting immoral drawings in deserted places, as well as unauthorized writing that does not contradict public morality, for example, an artistic image on a fence or wall, do not constitute vandalism. buildings of nature, animals, birds, decent sayings, slogans.

Damage to property means the destruction, destruction or damage of property on public transport or in other public places, rendering it completely or partially unsuitable for public use in accordance with its purpose. Vandalism associated with the intentional destruction or damage of property on a large scale or with significant damage is qualified in conjunction with Art. 167 of the Criminal Code, and when combined with mercenary motives - in combination with crimes against property.

A public place is understood as a space, territory (including transport) allocated for public use.

Vandalism has a formal composition

; the crime is considered completed either from the moment the actions are carried out, expressed in the desecration of buildings and structures, or from the moment of damage to property on public transport or in other public places.

Subjective side

vandalism is characterized by direct intent.
The subject of the crime
is a person who has reached the age of 14.

Vandalism is related to mass riots (Article 212), hooliganism (Article 213), deliberate destruction or damage to historical and cultural monuments (Article 243), desecration of burial places of the dead (Article 244), intentional destruction or damage to property (Article 167), rendering vehicles or means of communication unusable (Article 267).

Vandalism is distinguished from related offenses by the subject or location of the crime. Thus, the intentional destruction or damage of property (Article 167 of the Criminal Code), destruction or damage to historical and cultural monuments (Article 243 of the Criminal Code), rendering vehicles or means of communication unusable (Article 267 of the Criminal Code) differ from vandalism in relation to the subject of the crime, and desecration of the bodies of the dead and places of their burial (Article 244 of the Criminal Code) - at the place of the crime (place of burial).

The qualifying signs of vandalism (Part 2 of Article 214 of the Criminal Code) include the same acts committed by a group of persons (Article 35 of the Criminal Code), as well as for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group.

Hooliganism

Hooliganism is a gross violation of public order

The main direct object

crime is public order.

Additional object

Hooliganism is a formal

, is recognized as terminated from the moment of committing actions that grossly violate public order and express clear disrespect for society.

From the subjective side

the crime is characterized by direct intent.
A mandatory sign of a crime is a hooligan motive
.

Subject

a crime is a person who has reached the age of 16, and when committing a crime under aggravating circumstances (parts 2 and 3 of Article 213 of the Criminal Code) - from 14 years of age.

Vandalism

In cases where, along with vandalism, a person commits hooliganism, liability for which is provided for in Art. 213 of the Criminal Code, the act should be classified as a set of crimes.

It should be noted that vandalism also causes spiritual harm to society, for example, damage to memorials and monuments.

Additional object

A public place is understood as a space, territory (including transport) allocated for public use.

Vandalism has a formal composition

Subjective side

vandalism is characterized by direct intent.
The subject of the crime
is a person who has reached the age of 14.

What are the penalties

The concept of hooliganism provides for different penalties:

petty hooliganism provides for administrative liability in the form of a fine or forced labor for certain hours in public places;
malicious hooliganism, qualified under Article 213 of the Criminal Code of the Russian Federation, provides for criminal liability up to imprisonment for various terms up to 8 years.

Administrative punishment for “minor” hooliganism, Art. 20.1 Code of Administrative Offenses of the Russian Federation

A minor violation of public order is punishable under Article 20.1 of the Code of Administrative Offenses of the Russian Federation. Actions that fall under the article:

violating the silence and calm atmosphere with rude language, using obscene words, threats, shouting;
pestering citizens with insults, petty extortion (“let me smoke”);
damaging or destroying someone else's property (breaking dishes in a cafe) without malicious intent;
disobedience to government officials (police officers and representatives of other services).

Punishment is given to persons who violate the order in a public place: on the street, in a park, in a store - in crowded places. They are given a fine of 500-1000 rubles or arrest for up to 15 days. If during the incident a citizen argued with the police, then an additional fine of 2,500 rubles is issued.

Since March 2022, a paragraph of the article has been approved, which refers to insulting state authorities and symbols of Russia. This administratively punishable act deserves a fine of up to 300 thousand rubles.

Criminal punishment for hooliganism. Article 213 of the Criminal Code of the Russian Federation

Article 213 of the Criminal Code of the Russian Federation describes ways of showing disrespect towards society in a more rude form. The severity of the crime is aggravated by the creation of a dangerous environment for others and the manifestation of aggression. Penalties:

Imposition of a fine from 300 to 500 thousand rubles.
Mandatory work up to 480 hours.
Correctional labor for up to 2 years.
Imprisonment for up to 5 years.

If hooligan acts are committed by a group of people, then the punishment is different:

Fine from 500 thousand to 1 million rubles.
Up to 7 years in prison.

In the case where an aggressive person used explosives in a public place, this is punishable by a prison term of up to 8 years.

On board an airplane, water transport, or in the subway, rowdies create a life-threatening situation for passengers and an emergency situation. Therefore, from 2022, a clause on aggressive actions on public transport has been added to the article. Provided types of punishment:

fine 300 thousand - 500 thousand rubles;
a fine equal to 2-3 years' wages;
compulsory work up to 480 hours;
correctional labor 1 – 2 years;
forced labor for up to 5 years;
imprisonment for up to 5 years.

Criminal and administrative liability for participation in unsanctioned rallies

Fundamentals of legislation on rallies - which rally is considered unauthorized

Article 31 of the Constitution of the Russian Federation enshrines the right of citizens to hold meetings, rallies, pickets, processions, and demonstrations. The article clearly states that citizens have the right to assemble peacefully, without weapons. It is peaceful, public events that allow Russians to freely express their thoughts and put forward certain demands on issues of the political, economic, social, and cultural life of the country.

A rally as a public, mass event must be authorized. Federal Law No. 54 “On meetings, rallies, demonstrations, processions and pickets” defines the concept of a rally:

“A rally is a mass presence of citizens in a certain place for the public expression of public opinion on current problems of a predominantly socio-political nature.”

In addition, Article 5 of the same law states that the organizer of a rally or public event can hold it in a specially designated or adapted place, while ensuring the safety of citizens.

The organizer is also obliged to:

Submit a notice of the rally to the executive authority of the constituent entity of the Russian Federation or the local administration. The notification is a written document through which information about the holding of a rally is transmitted for the purpose of ensuring security and law and order.
3 days before the rally, inform the authorities about the acceptance or non-acceptance of proposals to change the location and time of the rally.

The organizer of a rally does not have the right to hold it if the notice of holding was not submitted on time, or the rally was not agreed upon, or changes were not agreed upon in response to the authorities. If the organizer holds the event, the rally will be considered unauthorized.

In fact, if the organizer did not inform the local administration about the rally and ignored the demands put forward, then the rally will be unauthorized. If a positive response was received from the authorities, then the event can be held legally.

Pay attention to another important document - the regulations for holding the rally . In this document, the organizer must provide a time schedule, or an hourly plan for the main stages of a public, mass event. It is also worth indicating all responsible persons and vehicles involved. If the regulations are not provided to local authorities, the rally will be illegal!

When else will a rally be illegal?

If its organizer is a person with limited legal capacity or incapacity.
If the organizer is a citizen serving a sentence in prison by a court verdict, or a person who has an outstanding criminal record for committing administrative offenses.
If a political party, public or association whose activities have been suspended or prohibited wants to become an organizer.

Holding an unauthorized rally is subject to administrative and even criminal liability.

Responsibility for participating in or organizing an unauthorized rally, action or demonstration

Let's consider in the table what administrative punishment the organizers of an unauthorized rally may face, according to Article 20.2 of the Code of Administrative Offenses of the Russian Federation.

Responsibility of organizers for unauthorized events
Offense	Punishment	Article
Violation by the organizer of the established procedure for organizing or holding a rally.	— For citizens, a fine of 10,000 to 25,000 rubles is provided. or compulsory work for up to 40 hours. — For officials, the fine is from 15,000 to 30,000 rubles. — For legal entities, the fine will range from 50,000 to 100,000 rubles.	Part 1 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation
Organizing or holding a rally without submitting notice of the event.	Citizens face: — A fine of 20,000 to 30,000 rubles. — Compulsory work for 50 hours. — Administrative arrest for 10 days. Officials will be required to pay a fine in the amount of 20,000 to 40,000 rubles. Legal entities will be fined in the amount of 70,000 to 200,000 rubles.	Part 2 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation
1. Interfering with life support facilities, transport or social infrastructure, communications, pedestrian or vehicle traffic. 2. Creating obstacles to citizens’ access to their homes or transport and social infrastructure facilities. 3. Exceeding the maximum occupancy limits for territories.	Citizens will be required to: - Pay a fine - 30,000 - 50,000 rubles. — Perform mandatory work for up to 100 hours. — Serve a sentence of arrest for 15 days. Officials pay a fine in the amount of 50,000 to 100,000 rubles. For legal entities, the fine is higher - from 250,000 to 500,000 rubles.	Part 3 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation
Actions of the organizers that resulted in harm to the health of citizens or property, but did not constitute a criminal offense.	Citizens will have to: — Pay a fine — from 100,000 to 300,000 rubles. — Complete mandatory work within 200 hours. — Serve a sentence of arrest for 20 days. Officials pay a fine - from 200,000 to 600,000 rubles. Legal entities will have to pay a fine - from 400,000 to 1,000,000 rubles.	Part 4 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation
Organizing or holding an unauthorized rally in the immediate vicinity of the territory of a nuclear installation, radiation source or storage facility for nuclear materials and radioactive substances. Active participation in such rallies, if this made it difficult for employees of the specified installation, source or point to perform their official duties or created a threat to the safety of the population and the environment.	Citizens will have to: — Pay a fine in the amount of 150,000 to 300,000 rubles. — Serve a sentence of arrest for 15 days. Officials pay a fine - from 200,000 to 600,000 rubles. Legal entities - from 500,000 to 1,000,000 rubles.	Part 7 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation
Repeated commission of an administrative offense provided for in parts 1-6.1 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation.	Threatens citizens: — Payment of a fine in the amount of 150,000 to 300,000 rubles. — Performing mandatory work for 200 hours. — Serving a sentence of arrest for 30 days. Officials will have to pay a fine - from 200,000 to 600,000 rubles, and legal entities - from 500,000 to 1,000,000 rubles.	Part 8 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation

Also, the organizer of the rally bears civil liability for harm caused to the participants of the event. According to Part 6 of Article 5 of Federal Law No. 54, compensation for damage is carried out in civil proceedings.

What threatens participants of unauthorized events?

Let us consider in the table what punishments and for what can be imposed on citizens who become participants in illegal rallies, actions, and demonstrations.

Offense	Punishment	Article
Violation by a participant of the established procedure for conducting an event.	— A fine of 10,000 to 20,000 rubles. — Mandatory work for up to 40 hours.	Part 5 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation
Actions or inaction of participants that resulted in harm to human health or property, but do not carry the implication of a criminal offense.	— Fine in the amount of 150,000 to 300,000 rubles. — Mandatory work for up to 200 hours. — Administrative arrest for 15 days.	Part 6 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation
Participation in unauthorized meetings, rallies, demonstrations, processions, pickets, resulting in interference with the functioning of life support facilities, transport or social infrastructure, communications, the movement of pedestrians or vehicles, or citizens’ access to residential premises or transport and social infrastructure facilities.	Citizens face: — Fine from 10,000 to 20,000 rubles. — Mandatory work for up to 100 hours. — Administrative arrest for 15 days. For officials, a fine is provided in the amount of 50,000 to 100,000 rubles, and for legal entities - from 200,000 to 300,000 rubles.	Part 6.1 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation

Criminal liability for organizing or participating in unauthorized rallies and meetings

Citizen-participants or organizers who have repeatedly committed the above offenses and were brought to administrative responsibility under Article 20.2 of the Code of Administrative Offenses of the Russian Federation more than twice within 180 days will be prosecuted under Article 212.1 of the Criminal Code of the Russian Federation.

In accordance with this article, Russians face the following penalties:

Fine from 600,000 to 1,000,000 rubles. or in the amount of the convicted person’s income for a period of 2 to 3 years.
Compulsory work for up to 480 hours.
Correctional labor for a period of 1-2 years.
Forced labor for up to 5 years.
Imprisonment for up to 5 years.

In addition, Russian criminal legislation provides for liability for causing violence against a government official - Article 318 of the Criminal Code of the Russian Federation. The maximum penalty is imprisonment for up to 5 years.

A representative of the government is considered to be an official of a law enforcement or regulatory body, as well as a person vested with administrative powers in relation to persons who are not officially dependent on him in accordance with the procedure established by law.

Actions of rally participants that are considered illegal

Not only the rights and obligations of rally participants, but also illegal actions are established by law.

Participants in public events, including rallies, are not entitled to:

Hide your face, use masks, use disguises and objects that make it difficult to identify a person by his external signs.
Carry with you weapons, ammunition, piercing or cutting objects, other items that can be used as weapons, explosive devices, explosive, poisonous, poisonous, pungent-smelling, flammable substances, flammable and pyrotechnic substances or products (except for matches and pocket lighters), items (chemical materials) that can be used to make pyrotechnic products or smoke, flammable materials and substances, other substances, items, products, including homemade ones, the use of which can lead to smoke and ignition.
Carry and (or) drink alcoholic and alcohol-containing products, beer and drinks made on its basis.
Be in a state of intoxication at a public event.
Commit other illegal actions that violate public order. For example, using obscene language, showing obscene gestures, inciting violence, disobeying the lawful demands of a police officer, etc.
Cause harm to people or their property.
Failure to comply with public order and regulations for the event.
Violate requirements for ensuring transport security and road safety.

Rally participants must comply with all requirements of the organizers, as well as law enforcement agencies and authorized persons, government officials and local authorities.

Participation in unauthorized rallies of minors – who is responsible?

What are the risks for parents, guardians and representatives?

Due to the age, mental and intellectual characteristics of children, they do not have the right to participate in the management of state affairs. Responsibility for the actions of minors falls on the shoulders of their parents, guardians, as well as those persons who, according to documentation, are responsible for them (for example, teachers of closed children's educational institutions, etc.).

For participation in an unauthorized rally, meeting, the parents or legal representatives of the child will be held accountable under Article 5.35 of the Code of Administrative Offenses of the Russian Federation. This article provides for punishment in the form of a fine from 100 to 500 rubles. for failure to fulfill or improper fulfillment by parents, legal representatives of the responsibilities for the maintenance and upbringing of minors.

The Juvenile Affairs Commission will make a decision on the administrative offense of a minor. In addition, preventive work must be carried out with parents and children.

What are the consequences of registering with the commission for minors - measures of influence on the parents of children and administrative punishment from the KDN

What can a minor expect?

If a citizen is under 16 years old, he will be registered with the KDN, and specialists will work with him individually.

If a citizen is over 16 years old, then for participating in an unauthorized rally he faces, in accordance with Part 6.1 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation:

Or a fine in the amount of 10,000 to 20,000 rubles.
Or performing mandatory work for 100 hours.
Or administrative arrest for 15 days.

The decision on punishment will be made by the court, so it is unlikely that it will be possible to avoid punishment.

What will happen to the organizers who involve minors in the rally?

For organizers of unauthorized events that involved a minor or minor citizens and encouraged them to participate in an illegal meeting, rally, procession, picket, administrative liability is provided under Article 20.2 of the Code of Administrative Offenses of the Russian Federation in the form of:

A fine of 30,000 to 50,000 rubles.
Compulsory work for a period of 20 to 100 hours.
Administrative arrest for 15 days.

If the organizer was not an individual, but an official, then he will face a fine in the amount of 50,000 to 100,000 rubles. Legal entities under this article will be forced to pay a fine equal to 250,000 - 500,000 rubles.

The court will decide on an offense for the organizer. Responsibility under this article of the Code of Administrative Offenses of the Russian Federation begins at the age of 16.

What does the Commissioner for Children's Rights do in Russia - the functions of a children's ombudsman

It also provides for criminal liability for the organizers if they incited a minor to cause harm to the health of a citizen or pushed him to commit a crime. In this case, the organizer will face penalties in accordance with Articles 150 and 151 of the Criminal Code of the Russian Federation.

Protection of rally participants in case of illegal prosecution

In accordance with Article 25.5 of the Code of Administrative Offenses of the Russian Federation, if a case of an administrative offense has been initiated against a citizen, he can ask for the protection and assistance of a lawyer.

It turns out that if you were detained at a rally and taken to the police station, then you have the right to invite your lawyer.

Lawyers note that it is easier to challenge the detention when the material is not drawn up and signed. If you have already signed the document, and it proves your guilt, then dealing with the case will be more difficult. So, if you are charged with an administrative offense that you did not commit, do not sign any documentation and call our lawyers immediately.

The period of detention at the police station is 3 hours, unless the punishment involves administrative arrest. Under articles 20.1, 20.2 of the Code of Administrative Offenses of the Russian Federation, you can be detained for 48 hours.

Disposition and judicial practice under Article 213 of the Criminal Code of the Russian Federation

Most of the crimes prosecuted were committed in public places in front of eyewitnesses.

The motive is the desire to oppose oneself to others while intoxicated, provoking a conflict without reason or purpose. The desire to show one’s superiority and disregard for generally accepted norms.

For example, a car driver honked his horn at 11:00 p.m. near a residential building. Citizen N. committed hooligan acts towards the motorist: he cursed with obscene words, pulled out a pistol and fired rubber bullets in the direction of the victim. Aggressive actions taken in a public place. A woman and a child were eyewitnesses.

Result - a case was opened under the article hooliganism.

In essence, the disposition for hooliganism is the fact of violation of public order and the fact of obvious disrespect for society. However, the law does not provide specific signs by which such violations can be determined.

Where to find the line of that very gross violation of order is the question. Thus, hooliganism is not always accompanied by the direct use of weapons or dangerous objects. Mental influence on the victim, intimidation, threats with the demonstration of weapons (rebar, iron pipe, stick, stone) or baiting the victim with animals, fighting dogs, is enough. Therefore, our advice is to contact a qualified lawyer for help in such a matter.