ST 151 of the Criminal Code of the Russian Federation.
1. Involvement of a minor in the systematic use (drinking) of alcoholic and alcohol-containing products, intoxicating substances, in vagrancy or begging, committed by a person who has reached the age of eighteen, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one year. up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to four years.
2. The same act committed by a parent, teacher or other person charged by law with the responsibility of raising a minor is punishable by restriction of freedom for a term of two to four years, or by arrest for a term of four to six months, or by imprisonment for a term of two to four years. for a term of up to five 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.
3. Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, are punishable by imprisonment for a term of two to six years, with or without restriction of freedom for a term of up to two years. Note. This article does not apply to cases of involving a minor in vagrancy if this act was committed by a parent due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Corpus delicti
An offense is considered committed when an adult, competent person has carried out actions that prompted a minor to drink alcohol. It does not matter whether the drinking took place.
note
The fine for selling alcohol to minors is provided by law in the amount of 30 to 50 thousand for individuals and from 300 to 500 thousand for legal entities. In addition, repeated violations result in criminal liability. The seller faces correctional labor for up to 3 years. Read more here
The object of the crime is the physical and mental health of minors. The intent must be direct, that is, the guilty person consciously committed actions to involve a minor. Motives do not play a role in determining guilt, but may be taken into account when determining punishment.
Examples of involving minors in drinking alcoholic beverages include:
- Drinking alcohol in the presence of children with an offer to join them.
- Purchasing alcoholic beverages at the request of a child and then handing them over.
- Forcing people to drink alcohol using threats, blackmail, etc.
- Sale of alcohol to a minor at a retail outlet. Moreover, if the cashier was unable to correctly determine the age by appearance, this does not relieve him of responsibility and entails a fine.
The administrative and criminal code covers the involvement of children in drinking any alcohol, including homemade alcohol (wine, liqueurs, etc.), beer and low-alcohol drinks.
Commentary to Art. 151 Criminal Code
1. The objective side of the crime is the involvement of a minor in antisocial activities, the forms of which are the systematic use of alcoholic beverages, intoxicants, vagrancy or begging.
2. To delimit the crime provided for in Art. 151 of the Criminal Code, from an administratively punishable act, the legislator points to such a sign as systematicity, which assumes that a teenager, as a result of involvement, commits antisocial actions three or more times.
3. The composition under consideration is formal in design. The crime should be considered completed from the moment the minor is involved in committing antisocial actions, as a result of which the victim systematically began to perform at least one of such actions (clause 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 1, 2011 No. 1).
4. The content of the qualifying features specified in parts 2 and 3 of Art. 151 of the Criminal Code, similar to those disclosed in relation to parts 2 and 3 of Art. 150 CC.
5. Note to Art. 151 of the Criminal Code contains a circumstance that excludes the criminality of the act, and supplements the list of those specified in Chapter 8 of the Criminal Code.
Administrative responsibility
Administrative liability for an offense occurs when the act does not have the characteristics of a criminal offense.
Article 6.10 of the Code of Administrative Offenses of the Russian Federation for drugging minors provides for the following penalties:
- An administrative fine in the amount of 1000 to 5000 rubles.
- An administrative fine in the amount of 4,000 to 5,000 rubles if the actions were committed by parents, guardians, legal representatives of the child, or persons entrusted with the functions of teaching and raising minors.
The exception is situations that fall under Article 6.18 of the Code of Administrative Offenses of the Russian Federation, namely when a coach or other sports medicine or physical education specialist is involved in the use of alcohol-containing products in order to increase the athlete’s athletic performance. Such an offense is punishable by disqualification for a period of up to three years.
The concept and causes of begging and vagrancy
Begging is one of the parasitic lifestyles
Begging is when people we don’t know come up on the street and very persistently offer to give us some of their money in order to save them from some troubles in life, where they urgently need funds, but they don’t have enough for some reason. This is a parasitic form of life, where a person does not make any effort to get what he wants, and he does not benefit society.
People can commit such acts due to their own selfishness and unwillingness to do anything. There are professional beggars and entire organizations that teach this. People receive huge amounts of money, which cannot be received by an ordinary person who regularly attends the official place of work every day. There are rarely those who really need help and this is the only way out, but it is extremely difficult to distinguish those in need from scammers.
Criminal liability
If a person over eighteen years of age involves a child in drinking alcohol-containing products systematically or with the use of violence and threats, then this falls under the scope of the criminal code, namely Article 151. Systematic use is considered to be such a frequency that it subsequently becomes addictive and causes addiction in a minor. painful dependence on alcohol.
A crime is considered committed based on the fact that an adult has completed actions aimed at systematically attracting a child to drink alcohol. The subject of the crime can be any individual over eighteen years of age.
However, please note that the law does not exempt minors from punishment if they voluntarily drink alcohol in public places. In this case, responsibility in the form of a fine will fall on the parents or the hooligans themselves (registration in the children's police room). Read more on our website https://lexconsult.online/7641-otvetstvennost-za-upotreblenie-spirtnogo-nesovershennoletnimi-detmi
So for the systematic drunkenness of minors, according to Art. 151 of the Criminal Code of the Russian Federation, the perpetrator faces punishment:
- Mandatory work within 480 hours.
- Correctional labor within one year.
- Arrest within six months.
- Imprisonment for a term of no more than four years.
If such a crime was committed by a parent or another person entrusted with educational functions (that is, there is improper performance of parental responsibilities), then the punishment may be as follows:
- Restriction of freedom for a term ranging from two to five years.
- Arrest within six months.
- Imprisonment for a term of no more than five years, while the offender may be limited in his rights to engage in certain types of activities for a period of up to three years.
In a situation where the perpetrator committed the above actions using force, the punishment will be imprisonment for up to six years.
Second commentary to Art. 151 of the Criminal Code of the Russian Federation
1. Involvement of a minor in the systematic use (drinking) of alcoholic and alcohol-containing products, intoxicating substances consists of repeated (more than two times) encouraging the teenager to use these products and substances, as a result of which he develops (may develop) corresponding dependence or habit of them consumption. Involvement in vagrancy is inducing a minor to wander from one locality to another or to change places in one city or area for a long time. Begging means asking strangers for money or other material assets.
2. The subjective side is characterized by direct intent.
3. The subject of the crime is a person who has reached the age of 18 years.
4. The content of the qualifying feature is similar to what is named as such in Part 2 of Art. 150 CC.
5. The concept of violence and the threat of its use coincides in content with a similar feature of Part 3 of Art. 150 CC.
Replacing an absent person: is it necessary to perform all work functions in his place?
In Art. 151 of the Labor Code of the Russian Federation stipulates that if a specialist not only works on the staff of a company in his main position, but also simultaneously replaces a temporarily absent employee, then he must also be given a certain additional payment.
The difficulty here is that the full-time position of each specialist involves a wide range of functions/responsibilities. And when a full-time employee is absent, the specialist replacing him can be assigned only part of the duties of the absentee. Therefore, additional payment will be established only for that functionality that is temporarily transferred by the company to another employee.
This means that if an employee, without written instructions from the company, performs the entire range of functions for the position he replaces, he has no right to count on a full additional payment (equal to the regular salary of the absent person) (decision of the Arkhangelsk Regional Court dated August 28, 2013 No. 33-4979/2013).
For information on the procedure for registering a replacement, for example, during vacation, see the article “Order for replacement during vacation - form and sample .
Is severance pay paid for a combined position upon dismissal of a specialist?
Even if there is a concluded agreement and the amount of additional payment is indicated in it, imposing an additional burden on a specialist does not lead to the appearance of a full “second salary”, which by default is subject to all guarantees and compensations of the Labor Code of the Russian Federation. In particular, if a specialist who combines several positions decides to leave the company, then he is entitled to severance pay only for his main position. For combined positions (even if there are several of them), there is no benefit upon dismissal, unless otherwise specified in the additional agreement. This conclusion was reached by the St. Petersburg City Court in its ruling dated August 27, 2012 No. 33-11717/2012.
Article 151 of the Labor Code of the Russian Federation
Article 151 of the Labor Code allows a specialist of any organization the opportunity to earn additional income. This happens, in particular, if a person who permanently occupies one position in the company, in addition, on an internal basis, occupies another position.
For more information about internal combination, see the article “Registration of combining positions in one organization” .
The following specialists can count on a similar additional payment, except for the specified case, in 2022:
- in respect of which there was an expansion of service areas;
- who have taken on additional work responsibilities/work;
- replacing temporarily absent specialists, while still continuing to perform their main job.
Part 3 Art. 150 of the Criminal Code of the Russian Federation
In Part 3 of Art. for the use of violence, as well as the threat as qualified signs of the objective side of a crime .
Violence should be understood as infliction of physical pain, beating, tying up, as well as the use of physical violence against another person, whose life and health are dear to him due to the existing relationship. Battery that does not cause short-term health problems is fully covered by Part 3 of Art. 150 of the Criminal Code of the Russian Federation and does not require additional qualifications.
If, as a result of the use of violence, minor harm to health is intentionally caused to a minor, or serious or moderate harm to health is intentionally caused, then the actions of the perpetrator should be qualified under Part 3 of Art. 150 of the Criminal Code of the Russian Federation and under the corresponding article providing for causing harm to health (Articles 115, 112, 111 of the Criminal Code of the Russian Federation).
If violence is committed in the form of torture, forcible deprivation of liberty, kidnapping of the victim, rape, violent acts of a sexual nature, then the act is subject to liability for a set of crimes provided for in Part 3 of Art. 150 of the Criminal Code and relevant articles providing for liability for these crimes.
The threat of violence should be understood as the threat of beatings, causing harm to health of varying severity, the threat of torture, rape, sexual assault, kidnapping or imprisonment.
Basic provisions
According to the norms of current legislation, the term “involvement” refers to situations where adults intentionally create conditions when antisocial acts are committed by minors or the preconditions for such activities are created.
For example, parents treat their child to beer, mistakenly believing that a small dose of weak alcohol will not cause harm. However, involving minors in drinking alcohol is not the only antisocial act. Adults can force a child to beg, entice him into prostitution, or get him hooked on illegal drugs.
All of the listed offenses fall under Article 151 of the Criminal Code, which outlines penalties for involving persons under the age of majority in anti-social activities.
Important! The article provides an exhaustive list of antisocial acts, therefore, involving a teenager in gambling or involving him in committing other administrative violations does not imply liability under Article 151 of the Criminal Code of the Russian Federation. Download for viewing and printing:
Article 151 of the Criminal Code of the Russian Federation “Involving a minor in committing antisocial actions”
What to do if the amount of the surcharge is not specified in the agreement?
It happens that a combination agreement has been concluded, but the specific amount of the additional payment is not indicated there. In this case, the company has the right to calculate the amount of additional payment based on the provisions of any internal document (for example, regulations on remuneration).
If the employee does not agree with the amount of the additional payment and claims a larger amount, he can challenge the amount, but in this case the specialist must be ready to provide evidence that he is due an additional payment in the specified amount (determination of the Supreme Court of the Republic of Sakha (Yakutia) dated July 22. 2013 No. 33-2629/2013).
