Responsibility for hooliganism: unresolved issues

New edition of Art. 213 of the Criminal Code of the Russian Federation

1. Hooliganism, that is, a gross violation of public order, expressing clear disrespect for society, committed:

a) with the use of violence against citizens or the threat of its use;

b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;

c) on railway, sea, inland water or air transport, as well as on any other public transport, -

shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of one to two years, or forced labor for a term of up to five years, or imprisonment for the same period.

2. The same act committed with the use of weapons or objects used as weapons, or by a group of persons, a group of persons by prior conspiracy or an organized group, or associated with resistance to a government official or other person performing duties to protect public order or suppressing a violation of public order order -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to four years, or by forced labor for a term of up to five years, or by imprisonment for a term of up to seven years.

3. Acts provided for in parts one or two of this article, committed with the use of explosives or explosive devices, -

shall be punished by imprisonment for a term of five to eight years.

Petty hooliganism

Punishment for petty hooliganism is provided for by the provisions of the Code of Administrative Offenses of the Russian Federation. Their content is similar to the Criminal Code, but they differ in relaxed sanctions due to their lesser danger.

The law in this case describes petty hooliganism as a violation of public order or against an individual, accompanied by obscene language, obscene or offensive behavior of the accused.

The same category of offense includes damage or destruction of property of victims. The qualification of unlawful actions of a minor nature may be complicated by disobedience to a representative of the authorities or a person controlling order in a certain place.

The penalties for petty hooliganism are as follows:

· administrative fine 500-1000 rubles, for complicating qualifications - 1000-2000 rubles

· administrative arrest for 48 hours.

To maintain public order, the following may be authorized: people's vigilantes, military personnel, security guards or detectives, local government bodies.

Object of hooliganism

The basis of any crime is a problem in social relations. Society by any means ensures the safety of people in all spheres of life: in activity, health, ecology, and the like. But since civilization began to exist until today, in theory and in practice, disputes have not subsided regarding the interests of both individuals and groups of people whose rights are affected. The possibility or degree of punishment depends on this; the question always remains open, since improvements are constantly required over time.

What are aggravating and mitigating circumstances?

Among aggravating circumstances, the law defines:

• Use of weapons.
• The motive is national, religious and other hatred.
• Committing a crime by a group.
• Battering and mutilation of victims.

Accordingly, mitigating circumstances will be the absence of these characteristics of the crime. In this case, if the damage from the hooligan’s actions is insignificant, he may be exempt from criminal punishment. That is, his actions will be qualified as petty hooliganism and punished under Article No. 20.1 of the Administrative Code.

Types of hooliganism

The Criminal Code of the Russian Federation provides for hooligan offenses not only the punishment applied to the violator of the Law, but also divides this crime into three main types:

1. Domestic hooliganism. The person insults other people with abusive language or behaves indecently towards others. To commit his criminal acts, he uses objects that can cause bodily injury (knives, brass knuckles, chains, tools, etc.).

2. Extremist hooliganism. In the actions of a person or group of people there are no signs characteristic of the first type of crime, but there is a motive - religious, racial, ideological, social and others.

3. Mixed type of hooliganism. Along with a serious motive, weapons or substitute items are used.

Prevention of hooliganism

Prevention of hooliganism in society is especially effective through systematic and targeted influence on the consciousness of young people. Educational work can also be carried out with mature people who consider disrespect for others to be the norm of their life. Prevention of hooligan offenses is divided into several types, depending on their nature and goals.

For example, as part of general prevention, a preventive influence is applied to a person so that he does not consider antisocial actions to be the norm. It can be criminological, legal or procedural. In the latter, a person is given explanations on the articles of the Criminal Code, and what punishment the law provides for a particular offense. Preventative prevention is also divided into types: pedagogical, psychological, moral, medical. Active work is underway to develop leisure activities: sports sections, clubs. Dysfunctional families are also taken into account.

Social prevention of hooliganism has long been no longer the prerogative of only legal authorities; today it has acquired other features and is spreading in all spheres of society. Psychologists, narcologists, teachers and other specialists are involved in the work, whose participation in social problems is quite effective. The state is solving this pressing issue by expanding the networks of crisis centers, social assistance institutions, and funds. Timely prevention of hooliganism is one of the priorities of the state in the full development of society.

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Objective side

In all three types of criminal acts provided for in Article 213 of the Criminal Code of the Russian Federation, their objective side is equally dangerous. A gross violation of order in society is expressed in open disrespect for it. Generally recognized norms and rules of behavior are violated, which is dictated by a disdainful attitude towards others, the desire to oppose oneself, and a demonstration of one’s superiority over other members of society. As a rule, hooligan acts are committed in public. This is a prerequisite for an objective assessment of actions.

If animals that pose a danger to human health and life are used in a crime, then such actions are qualified as hooligan acts prescribed by Art. 213 of the Criminal Code of the Russian Federation, part 1, paragraph “A”. The use of unloaded, faulty or souvenir weapons also falls under this clause. A crime is considered committed when a person or group of people has suffered losses, injuries, or humiliation.