Article 151. Involving a minor in committing antisocial acts

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.

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.

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 2021:

  • 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.

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.

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).

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