Childhood alcoholism is a negative social phenomenon that needs to be combated not only at the level of the family, home, public, but also at the state level. In this regard, for several years the Code of Administrative Offenses of the Russian Federation has had an article for drinking alcoholic beverages by minors.
It provides for liability for all categories of adults who contributed to the commission of such an offense by teenagers. After all, they are the ones to blame for this - a negligent and indifferent attitude towards children leads to the development of drug addiction, alcoholism, and substance abuse.
- 1 Who are minors
- 2 Law
- 3 Consumption in prohibited areas
- 4 Appearing drunk
- 5 Drinking
- 6 Other articles of administrative legislation
- 7 Responsibility
- 8 Punishment for teenagers
- 9 Detention process
Each of us must understand where the ban on drinking alcohol is recorded, who will bear responsibility, what punishment exists and many other points clearly established by law.
Who are minors?
The law does not contain such concepts as children and adolescents; the ban is imposed on the consumption of alcohol by minors, which means that first of all you need to deal with this category . Who is included in it?
The Civil Code of the Russian Federation stipulates that only when turning 18 years old, a person is an adult and can be called to serve in the aria, marry, purchase and drink alcohol. Citizens who are under 18 years of age are divided by age into two groups:
- From birth to 14 years – minors. Parents or legal representatives will be held responsible for any illegal actions.
- From 14 to 18 years old are minors who can be prosecuted for serious crimes. For various offenses and crimes of minor gravity, responsibility begins at the age of 16.
The purpose of introducing age restrictions by the state
State regulation of age restrictions on the sale of alcohol was not introduced by chance. Statistics regarding alcohol consumption among young people are shocking:
- only 4% of schoolchildren have never tried alcohol;
- almost all young people in Russia over the age of 15 regularly drink alcohol, and many of them drink strong drinks such as vodka or cognac;
- 60% of young Russians drink alcohol more than once a week;
- 500 thousand Russians under 14 years of age suffer from alcohol addiction.
The alcohol policy of the Russian Federation is yielding results: the number of drinkers and the volume of alcohol consumption are gradually decreasing.
The state limits the age at which it is legal to purchase alcohol, as it seeks to ensure the health of its citizens. For the same purpose, other measures are being taken, such as limiting the time for the sale of alcohol, a ban on advertising of alcoholic beverages and beer, and regulating pricing policy.
Law
In the Russian Federation, Federal Law No. 171 is in force, which is devoted to the procedure for the circulation and consumption of ethyl alcohol and alcoholic products, regardless of strength. Its regulations provide for a categorical ban on the sale of alcohol to teenagers under 18 years of age .
Therefore, they are also prohibited from drinking alcoholic beverages. Despite the fact that Russia has a separate law banning alcohol consumption by teenagers, the Code of Administrative Offenses examines individual actions in this area in more detail. We'll look at which ones next.
ATTENTION! Alcohol means mead, cider, beer, beer drinks, sparkling wine, champagne, various other types of wine and wine drinks, cognac, liqueur, martini, vodka, whiskey and other drinks containing a degree of alcohol. Consumption of each type by minors is strictly prohibited by law.
Opinions on the ban
In Russia, some officials believe that this temporary ban will help reduce the level of alcohol addiction. After all, the hours for purchasing alcohol fall late after work, when people, not finding other entertainment for themselves, having drunk a glass or two, begin to look for “supplements.” After all, the seemingly uplifting mood is only the body’s first reaction to alcohol. Therefore, if there is nowhere to buy it, then they will drink less.
Others believe that this is not a problem; alcohol can be purchased in advance in larger quantities at the permitted time. In this case, the problem of alcoholism is not only not resolved, but also becomes even more problematic. After all, a person who does not know how to control himself will drink all the purchased alcohol at once. And this leads to alcohol poisoning, intoxication of the whole body, arrhythmia, and in severe cases, stroke or heart attack. And this is already one step away from death.
Opponents of the ban also suggest that it only contributes to the development of a shadow surrogacy market. And here there can be no talk about the quality of alcohol.
The current law prohibits the remote sale of alcohol. However, there are sellers who circumvent this ban by cunning. This is a disguise for the sale of alcohol, where, under the guise of sale, they provide it as a gift. It is difficult to find out what quality it is and where it comes from in an online store. And after a person is hospitalized with poisoning, the question arises about the quality of the alcohol and whether it was really the original.
Consumption in prohibited areas
Liability in this case is provided for in Art. 20.20 Code of Administrative Offences. The norm applies to every person over 16 years of age. It is strictly forbidden to drink alcohol in public places - entrances, roads, parks, squares, beaches, reservoirs, lakes, elevators, landings and other areas.
Beverages include any alcohol-containing products, solutions, emulsions or suspensions that can cause intoxication and stupefying of consciousness. Please note that this ban applies not only to teenagers over 16 years of age, but also to any adult.
Where you can't sell alcohol
The legislative branch of the Russian state strictly regulates all production technology, storage standards and distribution of alcohol-containing products. The law clearly states where alcohol can and cannot be sold. Such places include:
- paramilitary facilities;
- territories of markets and bazaars;
- sports facilities;
- places intended for mass recreation of people;
- stops, stations (railway and sea), airports and bus pavilions;
- medical, general education and children's organizations (as well as territories adjacent to these institutions).
Considering which areas are considered “nearby territories” to objects prohibited for the sale of alcohol, one can draw an ambiguous conclusion. The dimensions of this area are regulated by local authorities; they are allowed to make their own adjustments to the dimensions established by law.
What are the penalties for drinking alcohol?
The permissible deviation from the established norms establishing fenced areas to adjacent objects where it is prohibited to sell alcohol (they are about 25-30 meters) should not exceed 30%.
Appearing drunk
Article 20.21 of the Code of Administrative Offenses prohibits a person over 16 years of age from appearing drunk in parks, squares, public transport, or on the street. First of all, this offends human dignity, permits the moral character of the individual and encroaches on public morality. By committing such a violation, a person promotes alcohol-containing products and with his entire appearance shows the degree of pleasure from it.
ATTENTION! In the event that a citizen appears drunk on the street, in a park or other place, but at the same time he does not insult a person’s dignity, does not pester people and does not disturb order, there is no question of an offense. Punishment is imposed for unkempt appearance, offensive words and actions associated with drunkenness.
What crime is considered in Art. 131 of the Criminal Code of the Russian Federation
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Rape is having sexual intercourse with the victim against her will.
This includes only sex in the traditional way between a man and a woman, when a woman is the victim and a capable man over 14 years of age is the rapist.
Other cases of sexual acts against the will of the victim under the Criminal Code of the Russian Federation are characterized differently. This case only involves penetrative vaginal intercourse, in which the rapist uses his penis.
Cases in which we can talk about committing this crime:
- use of physical violence;
- threat to use physical force against the victim or other people;
- helpless or unconscious state of the victim.
If a man achieved sexual contact by deception, then it is impossible to talk about rape, because The distinctive feature of this crime is the physical force involved in the case. An exception can be made only for cases where the victim is in a helpless state.
It is worth noting: if the victim was very drunk and helpless at the time of sexual intercourse, then we can talk about rape.
Aggravating circumstances that increase the term of imprisonment:
- the victim is a minor;
- infection with sexually transmitted diseases, including HIV;
- death threat;
- murder by negligence;
- intent;
- group of persons.
Specialist's note: all cases of sexual violence are considered behind closed doors, because... cover the topic of sexual integrity, including for minors.
Our editorial lawyers advise you to familiarize yourself with the nuances of applying Article 160 of the Criminal Code of the Russian Federation for misappropriation and embezzlement.
Drinking
The previously mentioned articles provided for bans on people who were 16 years of age or older; for those whose age is less, there is Article 20.22 of the Code of Administrative Offenses of the Russian Federation.
It directly prohibits citizens under 16 years of age from being intoxicated, as well as from drinking alcohol.
It is important that the state of intoxication includes not only the stupefying of consciousness after drinking, but also the consequences of drinking alcohol in the form of withdrawal symptoms (hangover). The peculiarity of the article in question lies in the subject of the offense, that is, the act is committed by a minor who is under 16 years of age.
In addition, responsibility comes for several alternative actions:
- The appearance of a child in a state of alcoholic intoxication. Previously, the law stated that a mandatory condition was to appear in a public place. Now it doesn’t matter whether the territory is public or not, the fact of intoxication is the basis for applying punishment.
- Drinking of alcoholic beverages by minors on any territory, regardless of whether it is recognized as public or not.
- The use of intoxicating, potent and psychotropic substances, because drug intoxication is no less dangerous than alcohol intoxication.
Sale of alcohol-containing products via the Internet
In 2022, the sale of weak alcohol via the Internet was prohibited. But in January 2022, alcoholic drinks of any strength began to be offered via the Internet. Legislators created big problems when opening a store and obtaining licenses, but even the introduction of the Unified State Automated Information System did not stop traders. The number of stores selling drinks online is constantly growing. But the ban on offering to buy alcohol at night works even on the Internet. Domain names on the network are assigned by Rosalkogolregulirovanie.
Delivery of alcohol is carried out by couriers, who are required to make sure that the buyer is of age.
Responsibility
Many teenagers, when committing illegal acts, arrogantly believe that they will avoid fines and other punishments, because their age is too young. I would like to immediately note that those teenagers who are 16, 17 or more years old are held accountable on an equal basis with adults. The size and form of punishment vary depending on the type of violation:
- For drunkenness, that is, drinking in a public place, the authorized officers impose a fine on the violator from 500 to 1,500 rubles.
- A citizen appears drunk in a place recognized as public - a fine of 500 to 1,500 rubles. Alternatively, officers can impose a seizure of up to 15 days.
- Involving a teenager - those of age who do this will be fined from 1,500 to 3,000 rubles. If a child drinks on the initiative of a parent/representative - a fine of 4,000 to 5,000 rubles . The Criminal Code of the Russian Federation provides for compulsory labor for up to 480 hours, correctional labor for up to 2 years, arrest for up to 6 months or imprisonment for up to 4 years for the systematic involvement of a teenager in drinking alcohol.
- For the illegal sale of alcohol, a fine is provided for the seller from 10,000 to 15,000 rubles with confiscation of what was sold, for a legal entity a fine of 200,000 to 300,000 rubles, again with confiscation.
The fines are quite large, but despite this, the percentage of child alcoholism is constantly increasing. This suggests that the problem needs to be solved not only at the legal level, but also at the public level. Each of us must understand that alcohol is evil and prevent teenagers from becoming alcoholics.
Measures to prevent the problem
Great responsibility in resolving this issue falls on parents.
Despite household chores and official responsibilities, they must show due attention to the child, especially during the transition period. First, look after yourself, because relatives with alcoholism are the worst role models
The discrepancy between the words and behavior of the parents pushes the child towards the abyss. For example, if older relatives drank, but said that this should not be done, then the teenager will not take into account the contradictory opinion.
It is also necessary to promptly inform the younger generation about the dangers of alcoholic beverages, drugs and cigarettes. It is advisable to instill in your child an interest in sports. This area does not accept alcohol abuse, which means a properly motivated teenager will follow the coach’s recommendations without protest.
It is important to try to protect a minor from promoting harmful addictions. Understanding that a healthy lifestyle is more promising in the future will help him avoid problems of this kind
Take care of your children, find time for them and do not lose their trust.
Punishment for teenagers
Article 20.22 provides for acts committed by persons under 16 years of age. Are there punishments for such children and in what form are they given? For parents or legal representatives of teenagers, an administrative fine is established in the amount of 1,500 to 2,000 rubles.
Prosecuting adults for drunken teenagers is due to the fact that the former are entrusted with the responsibility to raise children and prevent them from leading a negative lifestyle.
The President signed the Law on criminal liability for sexual relations with children under 16 years of age
The proposed changes to the legislation of Ukraine on the protection of children from sexual abuse and sexual exploitation are designed to harmonize the legislation of Ukraine with the provisions of the Optional Protocol on the sale of children, child prostitution and child pornography to the UN Convention on the Rights of the Child, ratified by the Verkhovna Rada of Ukraine on April 3, 2003, the Convention Council of Europe on the protection of children from sexual exploitation and sexual abuse, which Ukraine ratified on June 20, 2012 and the European Social Charter, ratified by Ukraine on September 14, 2006.
According to the General Prosecutor's Office of Ukraine, in 2014, 212 criminal offenses were registered under Art. 153 “Forcible satisfaction of sexual passion in an unnatural way” under Art. 155 “Sexual intercourse with a person who has not reached puberty” - 49, under Art. 156 “Corruption of minors” - 209, under Art. 302 “Creation or maintenance of places of debauchery and pimping” - 509.
Current legislation in Art. 155 of the Criminal Code of Ukraine provides for criminal liability for sexual relations with a person who has not reached puberty. The issue of reaching puberty is decided by a forensic medical examination.
According to the proposed changes to Article 155 of the Criminal Code of Ukraine, voluntary sexual intercourse with a person under 16 years of age committed by an adult is criminalized. Thus, a minimum age of sexual majority is established, which is in line with the recommendations of the UN Committee on the Rights of the Child, and there is no need for a mandatory forensic medical examination to establish the sexual maturity of the victim, which significantly facilitates the process of qualifying and proving this crime.
Thus, according to the new edition of part one of Article 155 of the Criminal Code, natural or unnatural sexual intercourse with a person under sixteen years of age, committed by an adult, is punishable by restriction of freedom for a term of up to five years or imprisonment for the same term.
In addition, the range of subjects in the second part of Article 155 of the Criminal Code and the second part of Article 156 of the Criminal Code has been expanded. These include close relatives and family members within the meaning of Art. 3 of the Criminal Procedure Code. Namely: husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, great-grandfather, great-grandmother, grandson, granddaughter, great-grandson, great-granddaughter, adoptive parent or adopted child, guardian or a trustee, a person under guardianship or trusteeship, as well as persons who live together, are connected by a common life and have mutual rights and obligations, including persons who live together but are not married.
Thus, according to part two of Article 155 of the Criminal Code, the same actions committed by close relatives or family members, by a person entrusted with the responsibility of raising or caring for the victim, or if they resulted in infertility or other grave consequences, are punishable by imprisonment for a term from five to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
Article 156 of the Criminal Code establishes liability for corruption of minors. According to part one of Art. 156 of the Criminal Code, committing indecent acts against a person under sixteen years of age is punishable by restriction of freedom for a term of up to five years or imprisonment for the same term.
In accordance with part two of Article 156 of the Criminal Code, the same actions committed in relation to a minor or committed by family members or close relatives, by a person entrusted with the responsibility of raising the victim or caring for him, are punishable by imprisonment for a term of five to eight years. with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
Taking into account the relatively greater degree of public danger of a crime committed against a minor than against a minor, liability for the crime provided for in Art. 302 of the Criminal Code of Ukraine “Creation or maintenance of places of debauchery and pimping” by introducing part 4, namely: carrying out such activities with the involvement of a minor. The new version of Article 302 of the Criminal Code establishes punishment for committing such a crime in the form of imprisonment for a term of five to ten years.
