The use of profanity violates the moral and ethical standards of society. Obscene language in a public place is considered by the legislator as an administrative offense, as it poses an increased danger to law and order. In this material, we will analyze which article is used to punish for swearing in public places, and what consequences the law provides for the violator.
Public order concept
Public order is a system of norms of relationships, adherence to principles and values for the peaceful, comfortable coexistence of people.
The rules of behavior for all representatives of society are the same. They became established over time during the development of statehood, religion, and civic consciousness. Main norms:
- Unacceptability of obscene language and aggression towards other people.
- Maintaining silence at night.
- Causing psychological and material harm to members of society, infringement of their rights and freedoms.
An immoral attitude towards other people is a violation of law and order. If an individual or a group of people ignore generally accepted standards due to gaps in education, personality degradation, then they violate social order to one degree or another.
Order is a vague concept for a multipolar society in which people of different religious denominations and nationalities live. Each social group has its own personal traditions and standards determined by moral standards. For example, it is normal for Muslims to slaughter cattle in public view. For Orthodox Christians this is unacceptable and is comparable to vandalism.
When classifying violations, the degree of danger of illegal actions for civil society is taken into account. Definitions of violations are prescribed in legislative acts. Minor offenses are classified in Chap. 20 Code of Administrative Offenses of the Russian Federation, serious acts - in Ch. 9 of the Criminal Code of the Russian Federation.
How does prosecution work?
If facts of violation of law and order are detected, law enforcement officers are called to the scene. They are obliged to stop the continuation of the offense, as well as record its circumstances in protocol form. The protocol contains the following data:
- place, time of the offense and drawing up of the protocol;
- information about the official who compiled the protocol;
- information about the violator, if known at the time of drawing up the protocol;
- circumstances of the offense, i.e. specific actions and actions of the offender, as well as the content of his statements;
- list of witnesses to the incident;
- link to article 20.1 of the Code of Administrative Offenses of the Russian Federation, under which the case will be considered;
- explanations and objections of the offender regarding the identified facts of misconduct.
Submitting explanations and objections is the right, not the obligation of the violator. The refusal to provide appropriate explanations will be noted in the text of the protocol.
A violator of public order may be subject to administrative detention and placement in a temporary detention center. For this purpose, a separate procedural document is drawn up. If at the time of drawing up the protocol the identity of the offender is unknown (for example, due to the lack of a passport), during the detention process requests will be made to the database of the Ministry of Internal Affairs, the migration service, etc. At the time of consideration of the case on the merits, the identity of the offender must be established, since the punishment is personal in nature.
The protocol must confirm the public nature of the place where the offense was committed. To do this, the official indicates where exactly the violation occurred, and also indicates the status of the institution, the list of eyewitnesses, etc.
According to Article 20.1 of the Code of Administrative Offenses of the Russian Federation, the violator faces not only a fine, but also administrative arrest. Therefore, cases of this category are considered only by the court. If a violator of public order was detained, the case is considered within 24 hours after the court receives the protocol.
When considering the case, the following nuances will be taken into account:
- the obscene nature of statements may be confirmed by an expert opinion or expert’s explanations if the court cannot independently assess the linguistic meaning of words and expressions;
- if obscene expressions were addressed to an official of the Ministry of Internal Affairs or another law enforcement agency, sanctions will follow under Part 2 of Art. 20.1 Code of Administrative Offenses of the Russian Federation;
- The court must indicate the form and amount of the sanction in the ruling, taking into account the nature and social danger of the offense.
A judicial act is served on the offender or sent to his home address. The law gives you 10 days to appeal - this period begins to run from the moment you receive a copy of the decision.
What constitutes a public nuisance?
Violation is an administrative illegal outrage that contradicts generally accepted norms of behavior.
A person or group of people commits acts of violence, causing harm to other members of society. Any acts in public places that offend the feelings of others should be regarded as indecent human behavior. Committed:
- unintentional, if a person offended another by accident without malicious intent;
- intentional - dangerous phenomena in society, entailing not only insult to the feelings of individuals, but also serious consequences.
Failure to comply with norms of behavior is exerting a negative indirect influence on one or several individuals in society. For example, if a crowd of people unwittingly become observers of obscene events taking place.
The violation is classified as disrespect and offensive acts towards other citizens. It should be distinguished from other related conflicts that can be imputed to the accused in order to attract punishment.
Administrative violation of order
A clear display of disrespect for society.
Belongs to the category of petty hooliganism. It is not rude if it does not pose a danger to society, without causing serious harm. Types of minor illegal acts:
- noise, obscene language, use of profanity at prohibited times;
- drinking alcohol, smoking in public places;
- rowdy;
- pestering people, but in an offensive context (beggars, fortune tellers on the street are exceptions);
- intentional damage, damage to someone else's property.
Hooliganism is a common phenomenon. It is not considered rude unless it leads to aggression towards other people.
In general, actions can be divided into:
- Legal. Unacceptable behavior described in laws that threatens the life and health of people, public safety.
- Illegal, not covered by law (obscene language). No administrative measure is provided. The attackers get off with reprimands from others.
The concept of petty hooliganism
Article 20.1 of the Code of Administrative Offenses gives the concept of petty hooliganism. It is understood as a violation of public order, which is expressed in some kind of disrespect for society. In this case, the following actions must be performed:
- expressions considered obscene spoken in a public place;
- offensive actions towards other citizens, including those related to damage to their property.
Actions may be associated with qualifying, that is, aggravating characteristics expressed in other parts of the same article. Thus, Part 2 states that the sanction is enhanced if, in addition to these violations, the person refuses to comply with the legal demands of law enforcement officers.
The article also classifies the dissemination of data discrediting public foundations in the media as petty hooliganism. Such information must be clearly offensive in relation to the state, society as a whole, and offend human dignity and morality.
Violation of public order also includes criminal article No. 213 . Here we are talking about a gross violation, which is carried out with the use of third-party objects, weapons, as well as with aggravating motives, for example, due to political or religious hatred, or intolerance.
Criminal disorderly conduct
Large-scale hooliganism (disregard for society), incomparable to minor administrative offenses.
Personal hostility towards others manifests itself in an aggressive form and begins to create a potential danger for people’s way of life and everyday life. Acts that are regarded as criminal offenses:
- use of weapons (bits, fittings, hammers, piercing objects);
- physical and moral impact on the victim;
- inciting hostility and hatred based on ideological, national, social, political, and racial motives.
A violation is regarded as hooliganism if it is committed due to disrespect for society in any place: deserted or with crowds of people.
If intent is not established, there will be no element of hooliganism.
Composition of offenses
To qualify an act as a violation of public order, it is necessary to have all the characteristics corresponding to a specific article. So, in the case of applying an administrative norm, the composition will be as follows:
- object - social relations that have developed in connection with ensuring public order;
- the objective side is disrespect for social principles, expressed in obscene language, insults and damage to property;
- subject - a sane citizen who has reached 16 years of age;
- the subjective side is direct intent.
The criminal offense will be classified as follows:
- object - public order;
- the objective side is a violation of order, expressed in disrespect for social principles and rules;
- subject under part 1 - a person over 16 years of age, under part 2 or 3 - over 14 years of age;
- the subjective side is always direct intent.
Law enforcement agencies need to clearly distinguish between situations when the use of a criminal article is considered adequate, and when - an administrative one. It is obvious that the criminal norm provides for liability in the event of a higher public danger, while the administrative norm, most often, does not have significant consequences. For example, swearing in a public place is obviously a violation, but holding a person criminally responsible for it is not fair.
Administrative responsibility
To solve the problem, law enforcement officers use punitive or educational measures.
In order to prevent hooliganism, campaigning and preventive conversations are carried out. The punishment system involves not only introducing measures in the form of fines or imprisonment, but also issuing warnings for such behavior. Petty hooliganism is common.
Punishment options:
- arrest up to 15 days;
- fine – 500 rubles;
- administrative arrest in case of a recorded fact of disobedience to police officers.
According to the Criminal Code of the Russian Federation, when forming a punishment option after committing a hooligan-type crime, the fine starts from 500 rubles. Reaches up to 1 million rubles.
Arrest is used when beating a citizen or causing harm to health with aggravating consequences.
The size of the fine depends on the crime, the motives of the people, the degree of damage and harm caused. Criminal sanctions are available depending on the case. Corrective labor may be imposed for a sentence of up to 2 years.
