One of the types of offenses carried out on the territory of the Russian Federation is penetration into a protected facility. The guilty person in such a situation, according to current legislation, may be held administratively or criminally liable. The penalty will depend on the purpose for which it was done, how, and whether there are certain circumstances aggravating the offense.
Corpus delicti
When determining the elements of an offense or crime, the concept of a protected object is first considered. According to the regulations governing this issue, the following may be considered legally protected:
- Buildings and constructions;
- Port waters;
- Various cargo and vehicles;
- Cash and material assets.
Penetration into the territory of buildings can be characterized by various goals of attackers, while the special functions of such buildings and the security regime - for example, if it is an object guarded by a security guard - makes them even more attractive in the eyes of offenders. In order to ensure the protection of the object and the integrity of information or material assets that may be stored on them, various measures and methods are applied, and persons who violate the law are brought to administrative or material liability.
Objective and subjective sides
The objective side is determined in the form of a person’s actions , which are expressed through illegal repeated intrusion into the territory of an underground or underwater facility. Its protection is regulated by the regulations and procedures on departmental or state protection.
If the established procedure is violated or a similar act is committed during the period of the administrative fine, the intrusion is qualified as illegal.
Objects of state protection include:
- President of the Russian Federation;
- persons determined by law holding government positions in the Russian Federation;
- federal civil servants and other persons subject to protection by the state on the basis of the law;
- heads of foreign states and governments and other persons of foreign states during their stay on the territory of the Russian Federation.
The specified list of persons is provided with protection for the duration of their powers.
The subjective side is defined as guilt in the form of intent. The subject is a legally capable individual whose age cannot be less than 16 years.
Definition of illegal actions
Read: Damage, destruction or damage to someone else's property
It is worth noting that entry itself will be considered illegal only if the boundaries of the protected object are crossed by those persons and citizens who do not have special permission or admission. Also, such actions will be considered illegal if the violator entered there on the basis of forged documents (pass) or permission that does not belong to him.
An important feature of protected objects is that they are not even required to have a checkpoint. This is due to the fact that the management or department to which the object is subordinate has the right, independently or guided by general procedures, to establish protective measures. This could be the presence of an alarm system, hired security, or a video surveillance system. That is, when determining whether a person has committed an offense or not, the court does not take into account how the object was protected - the fact of penetration itself will be important here.
When determining guilt, the fact how a person or group of persons entered the protected area is also taken into account. The offender can perform such an action by breaking through a window, breaking open doors, or violating the integrity of the fence.
In this case, an important feature is that if the entry took place by deceiving the owners (owners, guards, officials, etc.), that is, they, misled, themselves allowed or gave permission to pass, prosecution cannot be considered.
Housing concept
Article 139 of the Criminal Code regulates what type of real estate can be considered a home.
Article 139 of the Criminal Code of the Russian Federation
Important ! It is also advisable to include in this term premises that are not part of the housing stock, but are suitable for a person to live there.
In simple terms, any room where a person lives, while storing his property and documents there, can be considered his home. The room itself and the things in it have value, therefore, another person cannot just walk in and take it all away without consequences.
Housing is a room where a person lives and stores his property.
| What can be considered a home: | What a home is not: |
| apartment; | cellar; |
| individual residential construction project; | garage; |
| dorm room; | barn; |
| a room in a hotel; | outbuilding; |
| change house; | places on a train or ship (they can’t even be called temporary housing). |
| garden house; | |
| prefabricated house; | |
| various buildings for housing within the boundaries of construction sites. |
Administrative responsibility
If a violation is recorded, the person is brought to administrative responsibility - such actions are considered in Article 20.17 of the Code of Administrative Offenses of the Russian Federation. The object in such a situation will be public safety, and the subject will be any citizen who, due to his age and state of health, is recognized as legally competent. Types of liability and penalties may be as follows:
- The need to pay a fine. Its value will be from 3 to 5 thousand rubles. In parallel with this, in situations where the intruder used any devices, tools, or equipment to enter the facility, then they are all confiscated;
- Exclusively payment of a fine in the amount of up to 5 thousand rubles without confiscation of auxiliary equipment;
A separate type of bringing to administrative responsibility will be the consideration of violations consisting of penetration into underwater and underground structures controlled by a state or departmental structure. The penalties in such a situation are as follows:
- Payment of a fine. Its amount will range from 5 to 200 thousand rubles with confiscation of items used to enter the facility;
- Payment of a fine in the amount of 5 to 200 thousand rubles without confiscation of property;
- Administrative arrest. The duration of such a measure can be no more than 15 days. In addition to it, as in the case of a fine, confiscation of means of entry into the facility may be used.
If the fact of an offense is recorded, the consideration of such cases is carried out by:
- Local office of the Department of Internal Affairs;
- Territorial police department of the Russian Federation;
- Management or persons holding senior positions in line management.
Penetration of private property: what legislative protection is there in the Russian Federation
Important!
By virtue of the provisions of Art. 35 of the Constitution of the Russian Federation, the right to private property is inviolable. Every subject has the right to be the owner of property and to exercise this right either individually or together with other persons. No one can be deprived of property except by a court decision. Also Art. 25 of the Constitution of the Russian Federation establishes the principle of the inviolability of the home: it is prohibited to invade it against the will of the persons living in it (except in cases regulated by law, or in the presence of a corresponding judicial act).
At the same time, neither the Code of the Russian Federation on Administrative Offenses nor the Criminal Code of the Russian Federation contain special rules providing for punishment specifically for violating private property.
Note! There is currently no separate law on the inviolability of private property in Russia. At the same time, the Constitutional Court of the Russian Federation recognizes the inviolability of private property as one of the principles of civil legislation (Resolution of the Constitutional Court of the Russian Federation dated July 16, 2008 No. 9-P) and a general legal principle (Resolution of the Constitutional Court of the Russian Federation dated June 6, 2000 No. 9-P).
Carrying criminal liability
If the actions of the violator reveal circumstances that are no longer accurately characterized by the description of the administrative offense, but contain other signs that aggravate the crime, then criminal prosecution takes place. Such violations are considered under Article 215.4 of the Criminal Code of the Russian Federation, and if there are circumstances of relapse, the penalty may be as follows:
- A fine, the amount of which will be up to 500 thousand rubles;
- A fine, which is calculated by calculating the offender's income over a period of 18 months;
- Restriction of freedom for up to 24 months;
- Deprivation of the violator's freedom. The maximum period for such a measure will also be 2 years.
In a situation where illegal entry was committed by a group of persons with a prior conspiracy, or such illegal action entailed the dissemination of information classified as state secrets, the penalty will be as follows:
- Payment of a fine of up to 700 thousand rubles;
- Payment of a fine in the amount of the offender’s income for a period of 24 months;
- Imprisonment of the offender for up to 4 years.
Thus, entry into an object that is classified as protected is an action committed contrary to the current rules of the law. Depending on the circumstances of such an action, the guilty person may be held administratively or criminally liable and incur a penalty in the form of a fine or imprisonment.
Judicial practice: sentences and punishment under Art. 215.4 of the Criminal Code of the Russian Federation
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What is private territory?
There is no concept of “private territory” in Russian legislation, but this expression refers to real estate that is registered as the property of an individual or non-governmental organization. This role can be played by a residential apartment, a non-residential warehouse or basement in an apartment building, a plot of land, both with and without residential buildings, and so on.
Evidence of the legal authority of the owner is a certificate of ownership and other supporting documents. If we are talking about a land plot, its cadastral number must be assigned to a specific person. The presence of a fence is not necessary to prove its ownership by a given entity. But this fact is important for understanding the boundaries of the territory by participants in legal relations.
If the site is not surrounded by a fence or other type of fencing, and the owner has not indicated in any way his reluctance to see strangers on this territory, anyone can walk on the land. This action is not considered an offense.
The onset of a specific type of legal liability depends on the type of object whose boundaries have been violated. The right of ownership in the general legal sense is protected by Article 209 of the Civil Code of the Russian Federation.
Land allotment, as a subject of regulation, is discussed in Chapter 17 of this normative act. But the law says nothing about what to do in case of violation of the right to land. This is the main difficulty of the mechanism for implementing the protection of the victim.
The inviolability of the home is regulated more carefully. This is one of the constitutional principles of our state. Its violation is a crime against human rights and freedoms, and not an economic crime, as in the situation with land allotment.
