What is the responsibility for vandalism under Russian law?

The essence of the crime

Vandalism is the desecration of structures and buildings, as well as deliberate damage to property and public transport.

The object of the crime is public order. The actions of a person found guilty of vandalism offend public morals. The subject of the crime is a capable person who is fourteen years old. The subjective side is considered to be direct intent. This means that damage to public property that was entirely due to negligence or due to certain circumstances does not fall under the definition of vandalism. As a result, the person who committed them cannot be held responsible for his actions in accordance with Art. 214 of the Criminal Code of the Russian Federation.

Desecration means disfigurement, the application of obscene drawings and words. The category of structures includes all buildings that are used to support people’s livelihoods: transport stops, bridges, underground passages, etc. The category of buildings includes all buildings in which people are located.

Damage to public property includes the following actions:

Breaking windows in entrances, transport, public institutions, etc.
Deformation that makes it impossible to operate an object, for example damage to a public transport stop.
Arson under the Criminal Code of the Russian Federation, which led to damage to property. For example, the scorch of the contents of a garbage can led to the complete unsuitability of several nearby containers, etc.

A crime is considered committed upon the fact of the act. Whether the property was partially damaged or completely destroyed, the actions of the attacker still fall under Art. 214 of the Criminal Code of the Russian Federation. The amount of damage caused affects only the punishment.

Do not fall under Art. 214 of the Criminal Code of the Russian Federation, actions when damage to property was not designed for public reaction, or it is not used by society. For example, an inscription written on the wall of an abandoned building or a drawing that does not contradict moral standards on any wall does not fall under the definition of vandalism.

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.

Responsibility for vandalism

Additionally
, for vandals who desecrate or destroy objects of the cultural heritage of Russia (historical monuments and cultural values), as well as burial places, cemetery buildings and grave structures, the legislation provides for liability under certain articles of the Criminal Code of the Russian Federation, respectively Art. 243 of the Criminal Code of the Russian Federation and Art. 244 of the Criminal Code of the Russian Federation.

According to Art. 214 of the Criminal Code of the Russian Federation, vandalism without aggravating circumstances is punishable by:

a fine in an amount not exceeding 40,000 rubles or three months’ income of the defendant;
compulsory work for a period not exceeding 360 hours in total;
correctional labor for a period not exceeding 12 months (read more about what types of correctional labor there are);
arrest for up to 3 months.

If there are aggravating circumstances, the perpetrators may receive more severe punishment. If the vandalism was committed by a group of persons by prior agreement, or the crime had political, religious, racial or ideological motives, then the punishment may be as follows:

restriction of freedom for a period not exceeding 3 years;
imprisonment for a period not exceeding 3 years;
forced labor for a period not exceeding 3 years.

To see what an act of vandalism can lead to, watch this video.

Hooliganism and its distinction from vandalism.

Article 213. Hooliganism

Commentary on Article 213

The object of the crime is social relations that constitute the content of public order. Public order presupposes the existence of security conditions in public places and ensuring peace of mind for an indefinitely large circle of people. Public order should be understood as a system of social relations that has developed in society on the basis of legal, social norms, moral norms, morality and ethics, social norms, customs and traditions, ensuring the correct behavior of each individual in the sphere of public relations, consistent with the accepted principles of society, ensuring normal living conditions and activities of citizens, the functioning of institutions of society and the state.

An optional object is relations to ensure the normal functioning of government bodies.

Hooliganism does not cover causing harm to other objects, therefore, for example, causing harm to health while committing hooliganism requires additional qualification under the articles of the Criminal Code of the Russian Federation establishing liability for crimes against the person.

Hooliganism continues to be a dangerous and widespread offense, encroaching on public order and the peace of citizens, often leading to the commission of other more serious crimes.

In the Criminal Code of the RSFSR, hooliganism was understood as deliberate actions that grossly violate public order and express clear disrespect for society. Hooliganism was recognized as malicious and entailed liability under Part 2 of Art. 206 of the Criminal Code of the RSFSR, if the actions were distinguished by their content by exceptional cynicism or special insolence, were associated with resistance to a representative of the government or the public, other citizens who were suppressing hooliganism, or were committed by a person previously convicted of hooliganism. The content of such definitions as “gross violation of public order”, “obvious disrespect for society”, “special insolence”, “exceptional cynicism” was ambiguously understood in practice and in theory. With the adoption of the Criminal Code of the Russian Federation, the legislator clarified the concept of hooliganism, adding to it an indication of the use of violence against citizens, threats of its use, destruction or damage to other people's property. The Federal Law of December 8, 2003 radically changed the signs of hooliganism. This act has become recognized as a criminal offense only when it involves the use of weapons or objects used as weapons.

According to current legislation, only such gross violation of public order, expressing clear disrespect for society, which is committed with the use of weapons or objects used as weapons, or based on political, ideological, racial, national or religious hatred or enmity, can be recognized as criminal hooliganism. , or based on hatred or hostility towards any social group.

When deciding whether there is a gross violation of public order in the actions of the perpetrator, expressing clear disrespect for society, one should take into account the method, time, place of their commission, as well as the intensity, duration and other circumstances. Such actions can be committed both in relation to a specific person and in relation to an indefinite number of persons.

Criminal hooliganism should be distinguished from petty hooliganism, which is an administrative offense, liability for which is provided for in Art. 20.1 Code of Administrative Offenses of the Russian Federation. Petty hooliganism means obscene language in public places, offensive harassment of citizens and other similar actions that violate public order and peace of citizens.

The objective side of the crime is expressed in a gross violation of public order, expressing clear disrespect for society, committed with the use of weapons or objects used as weapons, or 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.

A gross violation of public order should be recognized as one that entails causing significant harm (disruption of public events, disruption of the normal activities of enterprises or organizations, disturbing the peace of an indefinitely large circle of people, etc.), is associated with mockery or mockery of a person, is long-term and persistent committed despite measures to stop the actions. When deciding on the qualification of hooliganism, it is necessary to establish what specifically constituted a gross violation of public order, what circumstances indicated a clear disrespect of the perpetrator for society. These circumstances must be reflected in the sentence.

Explicitness means the obviousness of actions to other persons, which is recognized by the perpetrator. A person’s obvious disrespect for society is expressed in a deliberate violation of generally accepted norms and rules of behavior, dictated by the desire of the perpetrator to oppose himself to others, to demonstrate a disdainful attitude towards them.

The literature suggests that a necessary sign of explicitness is the publicity of the hooligan’s actions. At the same time, the concept of publicity is interpreted differently, for example: 1) as committing hooliganism in public places; in the presence of eyewitnesses; 2) the ability to carry out actions in any place and in the absence of eyewitnesses, but subject to a gross violation of generally accepted standards of communication between people. From our point of view, a public place is not a mandatory sign of hooliganism. The concepts of “public order” and “order in a public place” must not be confused, since public order must be maintained and, accordingly, can be violated not only in public places, but also in others.

A mandatory sign of hooliganism according to the current version of Art. 213 of the Criminal Code of the Russian Federation is the use of weapons or objects used as weapons. When classifying items as weapons, you must be guided by the provisions of the Federal Law “On Weapons”. The issue of weapons is considered and in the explanations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices.”

In addition, in the Resolution of December 27, 2002 No. 29 of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of theft, robbery and robbery” it was stated that “when qualifying the actions of the perpetrator under paragraph “d” of part two of Article 162 of the Criminal Code of the Russian Federation (robbery with the use of weapons or objects used as weapons) the courts should, in accordance with the Federal Law of November 13, 1996 “On Weapons” and on the basis of an expert opinion, establish whether the object used in the attack is a weapon intended to kill living or other goals. If there are grounds for this, provided for by the Law, the actions of such a person must be additionally qualified under Article 222 of the Criminal Code of the Russian Federation.”

The issue of the use of weapons is also considered in the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 No. 45 “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives” <1>.

When qualifying a person’s actions under clause “a” of Part 1 of Art. 213 of the Criminal Code of the Russian Federation, if necessary, it is necessary to establish, on the basis of an expert’s opinion, whether the object used during hooliganism is a weapon intended to defeat a living or other target. If there are grounds for this, the actions of the person who used a weapon during the commission of hooliganism must be additionally qualified under Art. 222 of the Criminal Code of the Russian Federation.

Objects used as weapons in the commission of hooliganism mean any material objects that, based on their properties, can cause harm to human health (for example, a penknife or kitchen knife, razor, crowbar, baton, axe, flare gun, etc.), as well as items intended to temporarily defeat a target (for example, mechanical sprayers, aerosol and other devices filled with tear and irritant substances), which, as noted above, does not fully comply with the Law of the Russian Federation “On Weapons”.

Firearms are weapons designed to mechanically hit a target at a distance with a projectile that receives directional movement due to the energy of a powder or other charge;

- edged weapons - weapons designed to hit a target using human muscle power in direct contact with the target;

- throwing weapon - a weapon designed to hit a target at a distance with a projectile that receives directed movement using the muscular power of a person or a mechanical device;

- pneumatic weapon - a weapon designed to hit a target at a distance with a projectile that receives directional movement due to the energy of compressed, liquefied or solidified gas;

- gas weapon - a weapon designed to temporarily destroy a living target by using tear or irritant substances.

The Plenum of the Supreme Court of the Russian Federation in paragraph 1 of the Resolution of March 12, 2002 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices” indicates that other types of military firearms should also be considered weapons weapons in service in the Armed Forces of the Russian Federation, other troops, military formations and federal executive authorities, in which federal law provides for military service and to which the Federal Law “On Weapons” does not apply.

Weapons do not include products certified as household and industrial products, or sports equipment that is structurally similar to weapons.

Items used as weapons are any items, including household items, the use of which can cause harm to human health. These items can either be prepared by the perpetrator in advance or picked up at the scene of the crime (sticks, stones, belts, glass fragments, utility knives, etc.).

In cases where, in the process of committing hooliganism, a person uses animals that pose a danger to human life or health, the act, taking into account the specific circumstances of the case, can be qualified under paragraph “a” of Part 1 of Art. 213 of the Criminal Code of the Russian Federation.

In paragraph 2 of the said Resolution on cases of hooliganism, the Plenum of the Supreme Court of the Russian Federation indicated that the use of weapons or objects used as weapons should be understood as deliberate actions aimed at a person using these objects for both physical and mental influence on the victim , as well as other actions indicating an intention to use violence through these weapons or objects used as weapons. Thus, in the Resolution, the factor of the use of weapons or objects used as weapons is correlated with physical or mental violence.

In this regard, we can conclude that use means the use of weapons or objects in the process of assault to actually cause harm to people’s health or create a real threat of causing such harm, using the properties inherent in a certain type of weapon. If, for example, the perpetrator uses a serviceable firearm to strike the victim with the handle of a pistol, then such actions, in the presence of other signs of hooliganism, are qualified as committed with the use of objects used as weapons. A blow with the butt of a machine gun in the process of hooliganism should be regarded as the use of a weapon, since the butt of this weapon is regarded as its destructive element. There is no element of hooliganism in cases where weapons or objects used as weapons were used to destroy or damage property and this did not create a danger to the life and health of citizens (for example, shooting at birds, at power lines). In such cases, if there is evidence of significant damage, the actions of the perpetrator must be qualified under Part 2 of Art. 167 of the Criminal Code of the Russian Federation as intentional damage to property for hooligan reasons.

The demonstration of weapons may also indicate a mental impact on the victim, which, according to the Resolution of the Plenum, can be regarded as the use of weapons. Based on this, paragraph 4 of the Resolution includes a provision stating that the use of unloaded, faulty, unusable weapons (for example, training weapons) or decorative, souvenir weapons, toy weapons, etc. in the course of committing hooliganism. also provides grounds for qualifying the offense under paragraph “a” of Part 1 of Art. 213 of the Criminal Code of the Russian Federation.

Motivation for behavior is one of the constituent signs of hooliganism. The crime consists of hooliganism 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.

The corpus delicti is formal. The crime is completed from the moment the hooligan acts are committed, regardless of the occurrence of socially dangerous consequences.

The subjective side of hooliganism is characterized by guilt in the form of direct intent.

The disposition of the article does not directly name hooliganism as a mandatory feature of hooliganism, but it is often the only criterion that allows hooliganism to be distinguished from related crimes.

The hooligan motive is a motive of mischief, riotousness, insolence, the desire to oppose oneself to others, to demonstrate a disdainful attitude towards the bodily integrity and health of another person. Hooligan behavior motivation is primarily due to the desire to oppose oneself to others, to demonstrate a disdainful attitude towards them.

Hooliganism, liability for which is provided for in Art. 213 of the Criminal Code of the Russian Federation, from other crimes, including those committed by a person with hooligan motives, depending on the content and direction of his intent, motive, purpose and circumstances of the actions he committed.

Criminally punishable acts committed out of hooligan motives should be understood as deliberate actions directed against a person’s person or his property, which were committed without any reason or using an insignificant reason. At the same time, in order to correctly establish these motives in the event that the perpetrator commits violent acts during a quarrel or fight, it is necessary to find out who initiated them, and whether the conflict was provoked to use it as a reason to commit illegal actions. If the instigator of a quarrel or fight is the victim, as well as in the case where the conflict was caused by his illegal behavior, the person is not liable for committing a crime against such victim out of hooligan motives.

Causing harm to human health of varying degrees of severity or committing murder based on political, ideological, racial, national or religious hatred or enmity or hatred or hostility towards any social group in the absence of other signs of a crime under Art. 213 of the Criminal Code of the Russian Federation, should be qualified under the relevant articles, parts and points of the Criminal Code of the Russian Federation, providing for liability for crimes against the person (for example, under clause “e”, Part 2 of Article 112 of the Criminal Code of the Russian Federation).

Taking into account the fact that the subjective side of hooliganism is characterized by direct intent, insults, beatings, causing harm to human health of varying degrees of severity, committed in the family, against relatives, acquaintances and caused by personal hostile relationships, wrong actions of the victims, etc., in the absence signs of a crime under Part 1 of Art. 213 of the Criminal Code of the Russian Federation, must be qualified under the articles of the Special Part of the Criminal Code of the Russian Federation, which provides for liability for crimes against the person.

Intentional destruction or damage to someone else's property, committed out of hooligan motives and resulting in significant damage, should be qualified under Part 2 of Art. 167 of the Criminal Code of the Russian Federation.

In cases where a person, in addition to the deliberate destruction or damage of property for hooligan reasons, commits other intentional actions that grossly violate public order, expressing clear disrespect for society (for example, using weapons or objects used as weapons against an individual) , what he did should be qualified under Part 2 of Art. 167 of the Criminal Code of the Russian Federation and the corresponding part of Art. 213 of the Criminal Code of the Russian Federation.

When deciding whether the victim has suffered significant damage, the courts should proceed from the value of the destroyed property or the cost of restoring damaged property, the significance of this property for the victim, and his financial situation.

subject of the crime is a sane person who has reached the age of sixteen.

The qualifying signs of hooliganism are provided for in Part 2 of Art. 213 of the Criminal Code of the Russian Federation: hooliganism committed by a group of persons by prior conspiracy or by an organized group, or associated with resistance to a government official or another person performing duties to protect public order or suppress a violation of public order.

Hooliganism is recognized as committed by a group of persons by prior conspiracy if it involved persons who agreed in advance (before the start of hooliganism) to jointly commit a crime.

When qualifying the actions of the perpetrator as hooliganism committed by a group of persons by prior conspiracy, one should proceed from the requirements provided for in Part 2 of Art. 35 of the Criminal Code of the Russian Federation. When deciding on the qualification of such actions under Part 2 of Art. 213 of the Criminal Code of the Russian Federation, it must be borne in mind that a preliminary agreement must be reached not only on the commission of joint hooligan actions, but also on the use of weapons or objects used as weapons, or on the commission of such actions for political, ideological, racial, national or religious hatred or enmity or motivated by hatred or enmity towards any social group by any of the accomplices. To qualify the crime, it does not matter whether all persons who agreed to commit such a crime used weapons or objects used as weapons.

If one person, in the course of committing joint illegal actions in the absence of a preliminary conspiracy with other participants in the crime, used weapons or objects used as weapons, or continued hooligan actions based on political, ideological, racial, national or religious hatred or enmity or hatred or hostility towards any social group, what he has done, if there are grounds for it, is subject to qualification under the relevant paragraph of Part 1 of Art. 213 of the Criminal Code of the Russian Federation (Article 36 of the Criminal Code of the Russian Federation).

Actions of other participants who were not bound by a prior conspiracy and did not use weapons or objects used as weapons, and also did not commit criminal acts motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity in relation to any or social group, do not form part of the specified crime. If there are grounds for this, such actions can be qualified as petty hooliganism (Article 20.1 of the Code of Administrative Offenses of the Russian Federation).

If a person has involved a minor in committing a crime under Art. 213 of the Criminal Code of the Russian Federation, his actions are subject to qualification according to the totality of crimes provided for in the relevant part of Art. 213 and part 4 of Art. 150 of the Criminal Code of the Russian Federation (for involving a minor in a criminal group).

Hooliganism is recognized as committed by an organized group if it is committed by a stable group of persons who have united in advance to commit one or more crimes (see Article 35 of the Criminal Code of the Russian Federation).

Hooliganism associated with resistance to a government official or other person performing duties to protect public order or suppressing a violation of public order (Part 2 of Article 213 of the Criminal Code of the Russian Federation) should qualify the actions of the perpetrator in the case where resistance was provided directly during the commission of a criminal offense. punishable hooliganism.

In cases where resistance to a representative of the authorities is offered by a person after the cessation of hooligan actions, in particular in connection with subsequent arrest, his actions are subject to qualification under the totality of crimes provided for in Part 1 of Art. 213 of the Criminal Code of the Russian Federation and the corresponding article of the Special Part of the Criminal Code of the Russian Federation, which provides for liability for the crime committed (for example, under Article 317 or Article 318 of the Criminal Code of the Russian Federation).

Resistance to a government official or other person performing duties to protect public order should be understood as the intentional actions of a person to overcome the legal actions of these persons, as well as the actions of other citizens suppressing a violation of public order, for example, when detaining a person committing hooliganism, disarming him, holding him or otherwise preventing the continuation of hooliganism.

Hooligan actions associated with resistance to a representative of the authorities, during which violence was used, both non-dangerous and dangerous to life and health, should be classified as a set of crimes provided for in Part 2 of Art. 213 of the Criminal Code of the Russian Federation and the corresponding part of Art. 318 of the Criminal Code of the Russian Federation.

If the perpetrator, while resisting a person performing duties to protect public order or suppressing a violation of public order, intentionally caused the latter serious or moderate harm to health or committed his murder, then the act, if there are grounds for this, should be qualified according to the totality of crimes provided for in Part 2 of Art. . 213 of the Criminal Code of the Russian Federation and, accordingly, paragraph “a” of Part 2 of Art. 111, paragraph “b”, part 2, art. 112 or clause “b”, part 2, art. 105 of the Criminal Code of the Russian Federation, as the commission of these crimes against a person in connection with the performance of official activities or the performance of public duty.

Persons performing duties for the protection of public order should include military personnel, persons engaged in private detective and security activities, involved in the protection of public safety and public order, officials of local government bodies who, under the special authority of the local government body, carry out functions for the protection of public order. Other persons suppressing violations of public order are understood as persons who, although not vested with any powers, nevertheless participate in preventive actions on their own initiative.

Bearing in mind that the corpus delicti provided for in Art. 213 of the Criminal Code of the Russian Federation, does not contain such a sign of the objective side of the crime as the use of violence (causing harm to human health of varying degrees of severity), and taking into account the fact that in hooliganism the intent is aimed at a gross violation of public order, in cases where, in the process of committing hooliganism, the victim , as well as a person performing duties for the protection of public order or suppressing hooligan acts, is beaten or harmed to health of varying degrees of severity from hooligan motives, the act must be qualified according to the totality of crimes provided for in the relevant part of Art. 213 of the Criminal Code of the Russian Federation and part (paragraph of the part) of the corresponding article of the Special Part of the Criminal Code of the Russian Federation, providing for liability for a crime against a person.

The subject of the crime provided for in Part 2 of Art. 213 of the Criminal Code of the Russian Federation - a sane person who has reached fourteen years of age.

Article 214. Vandalism

Commentary on Article 214

The main object of vandalism is relations to protect public order.

An additional object is relations for the protection of public morality and property.

Subject of the crime:

1) buildings and structures. Buildings - residential buildings, buildings of enterprises and institutions, churches, shops, libraries, clinics, etc. Structures - public transport stops, sculptural compositions, payphones, advertising stands, etc.;

2) property on public transport, in other public places (subway cars, seats, handrails of public transport, benches in parks, squares, in local areas, advertising banners, property of cinemas, clubs, museums, etc.). Monuments of history and culture (Article 243 of the Criminal Code of the Russian Federation), gravestones, cemetery buildings, burial places of the dead (Article 244 of the Criminal Code of the Russian Federation), personal vehicles (Article 167 of the Criminal Code of the Russian Federation) are not subject to vandalism.

The Russian language dictionary defines vandalism as the senselessly cruel destruction of historical monuments and cultural values, barbarism. This crime was structurally separated from hooliganism; before the adoption of the Criminal Code of the Russian Federation, such actions were qualified as criminal hooliganism.

The objective side of the crime consists of committing such actions as: 1) desecration of buildings or other structures; 2) damage to property on public transport or in other public places.

The term “defilement” means disgrace, exposure to reproach, humiliation. The actions of vandals consist of applying inscriptions, drawings of cynical, obscene images to buildings and structures, staining them with sewage, etc.

“Damage” means damage, rendering unusable property in public transport, in other public places (cut up seats, bent handrails, torn out payphone tubes, burnt mailboxes, broken benches). Damage is also the application of inscriptions and drawings on buildings, fences, barriers in public places that do not offend public morals, for example graffiti, inscriptions of political or religious content. In Art. 214 of the Criminal Code of the Russian Federation does not indicate the amount of damage caused by the damage. From the standpoint of the theory of criminal law, this means that this circumstance does not affect qualifications. At the same time, if there are signs of a clearly minor act, as defined in Part 2 of Art. 14 of the Criminal Code of the Russian Federation, it is necessary to state the absence of this crime.

When committing such actions in places that are not public, for example, destroying the fence of a country house, drawing drawings on the veranda of a private cottage, the actions are qualified if there is evidence of significant damage under Art. 167 of the Criminal Code of the Russian Federation.

The corpus delicti is formal, the act is completed from the moment of desecration of property, its damage.

The subjective side of the crime is characterized by direct intent. The motive for the action is not specified in the disposition of the article, but it can only be hooliganism. In some cases, only a motive allows one to distinguish vandalism from crimes against property. For example, the culprit tore out a seat in a bus. With hooligan motives, actions form part of vandalism, with mercenary motives - theft of someone else's property.

subject of the crime is a sane person who has reached fourteen years of age.

Part 2 of Art. 214 of the Criminal Code of the Russian Federation establishes stricter criminal liability for vandalism committed by a group of persons (Part 1 of Article 35 of the Criminal Code of the Russian Federation - a group of persons without prior conspiracy), as well as for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons hatred or hostility towards any social group. It should be noted that vandalism committed with other forms of complicity should be qualified under Part 1 of Art. 214 of the Criminal Code of the Russian Federation, which, in our opinion, will not correspond to a fair solution to the issue of criminal liability.

Vandalism committed for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any social group, should be distinguished from hooliganism committed for the same reasons. Vandalism not only violates public order, but also causes damage to property through desecration of buildings and other structures, damage to property in transport or other public places. In cases where, along with vandalism (Article 214 of the Criminal Code of the Russian Federation), a person commits hooliganism, liability for which is provided for in Art. 213 of the Criminal Code of the Russian Federation, the deed should be qualified according to the totality of the named articles of the Criminal Code of the Russian Federation <1>.

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<1> See: paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 N 45 “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives” // Bulletin of the Supreme Court of the Russian Federation. 2008. N 1.

The difference between vandalism and hooliganism

The concept of hooliganism has a similar corpus delicti. So, according to Art. 213 of the Criminal Code of the Russian Federation, hooliganism is a gross violation of the norms of behavior in a public place. In the article https://lexconsult.online/6130-administrativnaya-ugolovnaya-otvetstvennost-za-huliganstvo-primery-iz-praktiki you can find information about criminal liability for hooliganism. The distinctive features of hooliganism from vandalism are as follows:

Hooliganism is an open opposition to the norms and principles of public order. Hooligan acts are committed in the presence of other people, while vandalism most often occurs without witnesses.
Hooligan actions do not always lead to damage to property or the amount of damage is minimal. At the same time Art. 214 of the Criminal Code of the Russian Federation cannot be applied if there has been no damage or destruction of property.

It is worth noting: vandalism should also be distinguished from riots. In contrast to an act of vandalism during mass riots, the object of the crime is public safety, an attempt on which is expressed in mass pogroms, arson and other destructive actions using weapons and explosives. Responsibility comes under Article 212 of the Criminal Code of the Russian Federation for organizing, recruiting participants and participating in mass riots.

Types of vandalism

This crime is classified according to objects that are subject to desecration or destruction. The division is as follows:

grave desecration or cemetery vandalism;
arson of churches, religious objects, icons;
graffiti with anti-social content;
graffiti in prohibited places and in front of passers-by (bombing);
graffiti with hastily signed signatures (tagging);
burning of printed editions of literature;
damage to cultural objects and monuments;
unintentional vandalism that occurred during restoration activities with objects of art and culture.

The difference between vandalism and property damage

Art. 167 of the Criminal Code of the Russian Federation also provides for criminal liability for damage to property. A distinctive feature of such a crime from vandalism is that property that belongs to a specific legal entity or individual was damaged. Liability under this article occurs if the amount of damage caused is more than five thousand rubles.

Is graffiti vandalism?

When answering the question, do not forget that graffiti and street art are two different concepts. More often than not, graffiti is an inscription expressed in a style characteristic of a particular person. Don't forget that this is a big risk. But still, if it does not fit into the urban design, then it is vandalism. Street art is a direction of fine art associated with increasing the role of the city in public life and increasing the number of urban population.

Please note that street art is based on graffiti.

How to treat graffiti is something everyone decides for themselves, but we are talking about the legal side. Therefore, any desecration or damage is punishable by law.

Case studies

Example No. 1. Citizen Ivanov damaged a marble slab near the entrance to the museum, on which information about its founder was carved. The slab was physically damaged by a sharp object. The act was committed at night, against the background of a personal conflict with the director of the museum. Ivanov was found guilty of vandalism and sentenced to correctional labor for six months.

Example No. 2. Citizen Petrov, while intoxicated, appeared at a meeting of the residents of the house. He shouted obscene words at them, threw stones at those present and tried to break down the door to the entrance, as he did not agree with the installation of a combination lock. None of the residents of the house were injured. Petrov was found guilty of committing hooliganism and was punished under Art. 231 of the Criminal Code of the Russian Federation.

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Real life examples

One of the famous acts of vandalism, which is called the Portland Vase. The vase was made in the 1st millennium BC, on February 7, 1845, William Lloyd, arriving drunk at the British Museum, broke the vase, explaining the behavior by saying that he wanted to see how the ancient vase would break.

The next example of desecration is called “The Good Parishioner.” From the title it is already clear that the case relates to the church. More precisely, to the icon with the image of Christ “Ecce Homo”. The 19th century fresco was located in a church not far from the city of Zaragoza. The image faded over time, and one woman from the parish decided to restore the icon. Unfortunately, the restoration ended unsuccessfully due to the woman’s lack of professionalism. And instead of Christ, something unknown was depicted on the icon.

The third case of vandalism dates back to 1985 and the object of destruction was the famous painting by Rembrandt “Danae”. Bronius Maygis destroyed the canvas by dousing it with acid and then cutting it with a knife. As a result of consideration of this crime in court, the defendant was declared insane and released in the courtroom. The painting was restored, but not everyone recognizes this object as a work of art, because the author’s feelings have sunk into oblivion along with “Danae.”

The painting “Ivan the Terrible kills his son” was also not ignored by vandals. On January 16, 1913, Abram Balashov dealt 33 blows to the painting, so that the artist had to re-paint the faces of the characters depicted in the painting.

The attempt on the Mona Lisa is not one crime, but 3 actions regarded as vandalism. In 1956, the piece of art was damaged by acid; twenty years later it was doused with paint. Recently a ceramic mug flew into her. Currently, the painting is protected by armored glass.

The next act of desecration is referred to as the Church of Fanforte. Associated with the arson of a religious structure. This act was committed by Kristian Vikirnes, now called Varg Vikirnes. He believed that paganism was the true faith, and Christianity was imposed by the highest circles of power.

Another not-so-well-known vandalism is the Copenhagen Mermaid. Like the Mona Lisa, she was subjected to criminal acts more than once. In 1961 - doused with paint, after a while - she had underwear. In 1963, the mermaid was left without a head, 30 years later, Jorgen Our writer and artist from Denmark, admitted to what he had done in his memoirs. In 1998, the sculpture lost its head again. In 2003, she was sent on a free voyage. The final act was to paint it pink in front of onlookers.

Main conclusions

Vandalism is considered to be actions aimed at desecrating various types of structures or damaging property, which were carried out with particular cruelty and had no meaning.
Vandalism is subject to criminal liability based on Legislative Act No. 214 of the relevant code.
Vandals can face a variety of penalties, ranging from fines to imprisonment.
To determine the corpus delicti, a wide variety of specialists are involved, including historians and cultural experts. The results of the examination are recorded in the relevant act.

Vandalism Code of Administrative Offenses

Petty hooliganism, or a violation of public order, which expresses clear disrespect for the entire society, is accompanied by serious obscene language in all public places, or offensive harassment of citizens, as well as destruction or damage to other people's property, or vandalism, is punishable by:

the imposition of a large administrative fine ranging from 500 to 1 thousand rubles or administrative arrest for a period of 15 days.
Acts associated with disobedience to the lawful demand of a government representative or other official who performs the duties of protecting public order or suppressing an important violation of public order -
will entail the imposition of a large administrative fine ranging from 1 to 2 thousand five hundred rubles or administrative arrest for a period of 15 days.

The objective side of petty hooliganism is always some illegal action of an identified individual. A hooligan is usually characterized by active and strong-willed harmful actions, complete immorality of behavior, as well as a cynical and indifferent attitude towards citizens. The immorality of each hooligan is manifested in the desire, through his offensive actions, to humiliate a citizen unfamiliar to him with the help of offensive harassment, or to deliberately achieve the same harmful effect through the abuse of profanity, slang, or vandalism - in transport or public places.

Types of vandalism

There are a large number of classifications of offenses, but let’s consider the most famous of them, which relate to such actions as hooliganism and vandalism. The types are the same for all, except that the first crime has a more extensive list.

The following can be considered such an act:

book burning;
graffiti;
destruction and other desecration of graves;
burning of churches;
damage or complete destruction of spiritual values.

Vandalism

People who, with or without a specific purpose, destroy various kinds of values are called vandals. This type of activity can easily be classified as extremism, which is punishable by the relevant law of the current code of the Russian Federation. Vandalism, the occurrence, essence and varieties of this act are quite complex issues in the legal sphere, but relevant.

What can be called the defining feature of a crime? At a minimum, the spontaneity and irrationality of all actions, which as a result bring enormous consequences. Considering everyday situations that have already become standard for society, one can notice that vandalism has begun to “merge” with hooliganism, in which someone else’s property is damaged.

Vandalism and extremism among teenagers

Most often, extremism among teenagers arises as a result of constant quarrels or conflicts at home. Other motives may include the following factors: influence from authority figures for the child, peers, parents with radical opinions. In addition, the causes of hooliganism or vandalism can be tension, stress and mental characteristics (strong suggestibility or excessive aggression). The state is actively working to reduce the spread of extremism among teenagers, as this is the most vulnerable link in society. In order for preventive measures to be successful, you need to understand where the thoughts of engaging in such acts come from. Hooliganism and vandalism are types of extremism that are so popular among young people.

Vivid examples of teenage rebellion: graffiti, street fights, strikes, arson, violence of various types, and so on.

Article 214

Due to the fact that vandalism is considered a less serious crime than hooliganism, penalties for it are reduced.

A person who desecrates monuments can receive three months of arrest, a year of correctional labor, no more than 360 hours of mandatory labor, or a fine of about 40 thousand rubles. If the violator is unable to provide the full amount, the court may force him to give some share of the salary within 3 months.

Actions classified as vandalism can be carried out either by a group of people or by an individual citizen. If they are carried out with the desire to infringe on a certain race, political direction, nationality, and so on, then the court can use one of three punishments (restriction of freedom, complete deprivation of it, forced correctional labor). Which one is chosen depends on the severity of the crime. The maximum term of each sentence is 3 years.