Article 7.17. Destruction or damage to someone else's property (Administrative Code of the Russian Federation)

What is property damage?

In the legal field, property means material wealth resulting from the application of labor. The owners are sensitive to the property. It has considerable value, including being a source of pride and confidence in the future.

Attention: from a legal point of view, damage is a deliberate attack on someone else's property. That is, an attempt to violate the owner’s right granted to the latter within the framework of the law.

In criminal law, property is considered exclusively as a material object:

• it is endowed with a very definite value;
• according to legal norms has a specific owner;
• the latter’s right to freely dispose of goods is protected within the framework of the law.

Hint: intentionally causing harm to common joint property does not constitute a criminal offense. Such an act is subject to punishment under the Code of Administrative Offenses (CAO) of the Russian Federation.

Definition of the act of damaging property

A description of crimes aimed at someone else's property is given in two articles of the Criminal Code: 167 and 168. Their text characterizes socially dangerous actions, as a result of which damage is caused to the owners.

Property means any property, the right of ownership of which is defined in the legislative field. These can be objects, movable things, real estate.

Definition: damage in the legal field means causing harm to objects that:

• does not allow it to be used to its full extent;

• completely destroys.

An object

The objects of the criminal offense under study include relations in the field of property ownership. The division of responsibility within the framework of the two specified codes is associated with the characteristics of the damage and other features of the offense. Under the articles of the Criminal Code, intentional damage of a large scale is prosecuted. Other consequences are subject to punishment under the Code of Administrative Offences. Hint: the destruction of objects and things by the owner is not subject to punishment if such an act did not cause damage to other persons.

Subject of the criminal act

In the legal field, the subject of encroachment is any object, the ownership of which has been established. The investigation begins at the owner's request. The objects of crime include the following types of property:

• private;
• state;
• general joint.

Documents and things of particular value are included in a separate group of criminal offenses (Article 243 of the Criminal Code). In this case we are talking about items for which importance has been established:

• cultural;
• historical;
• religious;
• state

Attention: aggravating circumstances in the paragraphs of the Criminal Code include the following:

• hooligan urges;

• implementation methods:

• arson;

• explosion;

• others (using mechanisms, for example).

On the role of the magnitude of damage

During the investigation of the offense, the amount of loss caused to the owner is determined. Establishing a specific value is crucial in determining the punishment of the perpetrator:

• significant leads to the application of the rules of the Criminal Code;
• the rest falls under the rules written in the Code of Administrative Offences.

The proceedings in court are carried out on the basis of the documents provided. This also affects the calculation of the amount of damage. For example, if a person set fire to his house, and the fire spread to a neighboring building, then the cost of the arsonist’s goods is not taken into account.

Hint: the significance of the damage is deciphered in Article 158 of the Criminal Code. According to its text, damage is calculated taking into account the financial situation of the victim. The amount cannot be less than five thousand rubles.

Explanation of terms

Three terms will be used to describe damage to property. Each has a strictly defined meaning, which is important when investigating circumstances. The decryptions are as follows:

1. Damage is minor harm. Items are subject to repair or restoration of functionality.
2. Destruction - rendering an object completely incapacitated. It cannot be used or repaired.
3. The concept of “damage” combines both into one group.

Hint: the judicial determination uses an accurate description of the harm caused.

What is the liability for damaging someone else's property?

The fact is that the law of the Russian Federation provides for liability for damage to someone else’s property, because a citizen is free to dispose of his property as he wants, at his own discretion.

Damage to someone else's property involves causing any damage to the item, usually mechanical (break, tear, set fire, flood, etc.) damage, as a result of which the damaged item loses value, damage to appearance, damage to functionality, rendering the item in a state of complete disrepair , in general, a damaged item loses its estimated value compared to the value before the damage was caused. In some cases, damage implies the complete destruction of a thing without the possibility of its restoration.

The fact is that, in principle, damage to someone else’s property cannot be prohibited at the legislative level, but it is possible to hold the person causing harm accountable.

Firstly, it is necessary to determine who is the causer of the harm, secondly, to assess the damage caused and then to bring the causer to justice.

Based on Article 1064 of the Civil Code of the Russian Federation, damage that was caused to the property of an individual or legal entity is subject to compensation in full and it is the person who caused the damage who compensates for the damage. This is usually what happens, for example, a neighbor crashed your car in the yard, for example, broke the glass with a stick or threw a stone, this action was caught on a surveillance camera. As a result, the culprit is known and he can be brought to justice, at least in court ordered to compensate for the damage for the broken glass, to recover from him the costs of examination and legal expenses, as well as moral damages.

If we classify the types of liability for damage to someone else’s property, then it can be divided into 3 types:

1. Administrative responsibility;
2. Civil responsibility;
3. Criminal liability.

Classification of illegal acts

In the paragraphs of the Criminal Code, liability is determined by the characteristics of the crimes. The legislator considered the subjective attribute to be an important element influencing whether an offense belongs to a particular class:

• intentionality;
• carelessness.

Hint: the issue of ownership matters in classification.

Deliberate misconduct

This is dealt with in paragraph 158 of the Criminal Code. The subjective feature of an offense is the intentionality of its implementation. That is, the criminal commits a crime against someone else’s property, realizing the illegality of it. He is aware in advance of the following facts:

• the object has an owner;
• damaging it is an offence.

Hint: persons from the age of 14 are subject to punishment.

Carelessness

Often, people render other people's property completely or partially unusable due to negligence. Such an offense falls under paragraph 168 of the Criminal Code. Moreover, its text contains restrictions related to the calculation of damage.

Attention: the attacker is subject to punishment if the owner has suffered major damage. This is determined in the amount of 250 thousand rubles.

A characteristic feature of a crime is its unintentionality. That is, the suspect did not intend to damage someone else’s property. For example, a person decided to demolish a house on his own property. During the work, the wall of the building fell on a neighboring structure and destroyed it. The citizen had no intentions to destroy someone else's house. But he still cannot avoid responsibility.

Damage to a privately owned property

All of the above fully applies to personal property. The offender is punished under one of the specified articles. It is determined by the court after an investigation. During the proceedings it is established:

• presence of intent;
• the amount of damage suffered by the owner.

Important: the minimum threshold of damage for an intentional act is 5,000.0 rubles, and in case of negligence it is set at 250,000.0 rubles.

State property

When considering crimes against objects owned by the state or municipalities, another group is distinguished: vandalism. This is an act against public morality. For example, obscene inscriptions in public places. Vandalism is classified according to the amount of damage:

1. A minor breakdown that needs to be repaired leads to arrest for three months.
2. Destruction of state property is punished more severely. Such an offense is punishable by imprisonment for up to three years. Moreover, aggravating factors include committing: by a group;
3. for ideological reasons;
4. out of racial or religious hatred.

Hint: other criminal acts against state property are dealt with within the framework of paragraphs 158 and 157 of the Criminal Code.

What punishment does a criminal face for damaging property?

Only a court can impose a penalty on a person. He reviews the materials of the investigation conducted by law enforcement agencies. The judge takes into account the totality of the circumstances. In particular, his decision is influenced by:

• age of the offender;
• its characteristics;
• having a criminal record;
• damage size;
• owner's opinion, etc.

Hint: if the damage is minor, the case can be settled with compensation during the trial.

Criminal penalty

Articles 167 and 168 of the Criminal Code provide penalties for intentional and unintentional damage to someone else's property. Its severity depends on the presence of aggravating circumstances. Details are given in the table:

For information: for unintentional damage to someone else's property, a restriction of freedom is provided for up to one year.

Administrative responsibility

This is described in paragraph 7.17 of the Administrative Code.
It is applied if the actions did not cause significant damage (less than five thousand rubles). When considering penalties, a number of legal provisions should be taken into account. Thus, the offender is liable:

• according to the norms of the Code of Administrative Offences;
• to the owner of the damaged object.

Legal punishment

According to the rules of Article 7.17 of the Administrative Code, a small fine may be imposed on a pest. Its size varies from 300 to 500 rubles.

Download for viewing and printing:

Article 158 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 167 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 168 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 243 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 7.17 of the Administrative Code of December 30, 2001 N 195-FZ (as amended on March 7, 2018)

Subject

A person who has reached the age of 16 is responsible for violating the law. In addition, if the offender has not reached the age of majority, his parents will suffer. They will be issued a report on improper performance of duties, which also involves penalties.

Statute of limitations

A pest can be held administratively liable in the manner described in Art.
4.5 Code of Administrative Offences. The statute of limitations is three months if the case is heard in court. Along with the claim for punishment, the injured person can file for compensation for damages. The claim is also sent to the magistrate's court. It is combined into one file with the police investigation materials, which greatly facilitates the review.

Hint: all issues of damage to goodness fall within the powers of the magistrate's court.

How to estimate losses

The amount of damage is determined in different ways. Most often, the investigator gets used to establishing the expert's losses. The specialist determines the damage based on the market value of the damaged items and the degree of damage. Hint: the expert issues a certificate, which is attached to the file. On its basis, you can file a civil claim for damages.

Is an act needed?

In some cases, a damage report is drawn up. Such paper records the event and its culprit. In particular, an act is necessary if the property of the enterprise is damaged. It is compiled in free form. The document records the details:

• incidents;
• the state of the culprit;
• breakages and other damage.

Hint: written statements of witnesses can be added to the act.

Article 7.17. Destruction or damage to someone else's property (Administrative Code of the Russian Federation)

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• Code of the Russian Federation on Administrative Offenses

Intentional destruction or damage to someone else's property, if these actions did not cause significant damage, -

entails the imposition of an administrative fine in the amount of three hundred to five hundred rubles (as amended by Federal Law No. 116-FZ of June 22, 2007 - Collection of Legislation of the Russian Federation, 2007, No. 26, Art. 3089).

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Questions and Answers on Article 7.17

#60640 19.09.2021 (16:44)

Is it possible to burn the belongings of a political party?

Good afternoon. In the video clip, friends want to burn the party's belongings. Is this some kind of violation? Does this entail any responsibility?

Author: Valery Replies: 3 Reply Read more

#60001 13.08.2021 (00:07)

cut 4 wheels

After a quarrel with a girl, I cut 4 tires on her car, she called the police and they took me away. What should I do next and what might happen?

Author: Yuri Replies: 5 Reply Read more

#53164 21.04.2020 (16:19)

Is it possible to file a police report for damages?

Hello. I have a question. Less than a week ago, in my apartment there was a fight between my boyfriend and another guy we didn’t know well (hereinafter referred to as Styopa). The guy’s girlfriend and neighbor were also there. They decided to have a drink together. The police were called to the scene of the fight. They arrived late, but they arrived, so the fact of the fight was recorded. Three days later, I discovered that my personal property was damaged (namely, a laptop and a clothes dryer). I wrote to Styopa that he and my boyfriend broke the laptop and asked him for half (since they were both to blame) for the repair. He doesn't pick up the phone and doesn't answer messages. Can I go to the police and write a statement to get compensation for the damage caused to me?

Author: Alexandra Replies: 8 Reply Read more

#49883 27.12.2019 (10:06)

damage to private property

I was drunk and broke off my car mirror, what will be the consequences?

Author: Sergey Replies: 5 Reply Read more

#42587 07.06.2019 (13:33)

Towing a car in the yard

Good afternoon What punishment follows for towing someone else's car within the yard without the intent of theft? (even if it doesn’t interfere, it just falls out of place)

Author: Rafil Replies: 1 Reply Read more

What should the victim do?

The owner of the damaged goods must take the following actions:

1. Assess the amount of damage.
2. Write a statement to the police. The document indicates: the addressee in the format: exact name of the department;
3. Full name and title of the boss;

Hint: if the police did not involve an expert to assess the damage, then the victim pays for his services.
The amount should be included in the amount of damage. Video on property damage

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