The Constitution of the Russian Federation (Article 19) guarantees equal rights to all Russian citizens. From a very young age, a child is taught that one cannot humiliate other people based on language, race, gender, or any other characteristics.
However, this constitutional right is sometimes violated. But such actions, especially in harsh forms, can have serious criminal consequences for the culprit, including imprisonment.
The Criminal Code contains Article 282, which establishes liability for humiliation of human dignity.
What is personal insult
According to the law, humiliation of the honor and human dignity of another person is considered an insult to the person (Part 1 of Article 5.61 of the Administrative Code). At the same time, rudeness and insult to a person, in order to be considered an offense, must be expressed in an indecent form, that is, in a way contrary to generally accepted morality and ethics. In this case, it does not matter whether the essence of moral humiliation corresponded to reality or not (the second option is slander), the main thing is that it was committed in an indecent form.
Insult can be inflicted in different ways: verbally, in writing, in direct contact or outside it, in the media and on the Internet. To humiliate honor and dignity, both offensive nicknames and obscene expressions can be used. Recently, the content of the concept of “insult” in legislation has expanded significantly, and the scope of responsibility for violations has covered the Internet and social networks.
Legal regulation of humiliation
Insulting the person of another person is considered a crime, which is spelled out in detail under Article 130 of the Federal Criminal Code. The qualification of this crime is the expression of inappropriate statements or expressions addressed to another person. In current judicial practice, this article has lost its relevance, therefore, at the time of the proceedings, the standards of the corresponding article of the administrative code are applied.
Serious liability for desecration and humiliation is applied only in cases where the victims of this crime are military personnel or officials who are in the performance of their professional duties.
Punishment for insult to personality
The law provides for both administrative and criminal liability for insulting a person, including in the form of obscene language. Articles for libel and insult to personality are present in the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation. Let us consider in more detail what the punishment is and for what exactly the violator of the law faces.
Administrative punishment under the Code of Administrative Offenses of the Russian Federation
Administrative liability arises for the offender under Article 5.61 for insulting a person in the Code of Administrative Offenses of the Russian Federation. In accordance with it, the following types of punishment are provided:
- fine for insulting another person from 3 thousand to 5 thousand rubles for individuals, from 30 thousand to 50 thousand rubles for officials, from 100 thousand to 200 thousand rubles for legal entities (Part 1);
- for public insult (in a speech, work, media, Internet) or against several persons, including those not personally identified, a fine of 5 thousand to 10 thousand rubles for individuals, from 50 thousand to 100 thousand rubles for officials, from 200 thousand to 700 thousand rubles for legal entities (part 2);
- for an insult committed by a state or municipal employee in the performance of official duties, a fine of 50 thousand to 100 thousand rubles or disqualification for up to one year (Part 4);
- for repeated violation under Art. 4 a fine of 100 thousand to 150 thousand rubles or disqualification for up to two years (part 5).
In addition, Art. 20.1 of the Code of Administrative Offenses of the Russian Federation defines petty hooliganism as:
- violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens;
- dissemination of information on the Internet in an indecent form that offends human dignity and public morality, demonstrates clear disrespect for society, the state, official state symbols, the Constitution of the Russian Federation, and government bodies.
Thus, insult can be qualified under Art. 20.1 of the Administrative Code, as petty hooliganism. The fine for this offense is:
- from 500 to 1,000 rubles (part 1);
- from 1,000 to 2,500 rubles, if there was disobedience to the legal demand of a government representative (part 2);
- from 30,000 to 100,000 rubles for petty hooliganism on the Internet (part 3);
- from 100,000 to 200,000 rubles for repeated violation under Part 3 (Part 4);
- from 200,000 to 300,000 rubles, if the violator has previously been punished for petty hooliganism on the Internet more than twice (Part 5).
Criminal liability under the Criminal Code of the Russian Federation
Previously, the Criminal Code contained Art. 130, which together with Art. 129 provided for criminal liability for libel, threats and insults. In 2011, amendments were made to the Criminal Code of the Russian Federation, according to which Art. 129 and 130 have lost force (now they can be prosecuted for libel under Article 128.1). However, this does not mean that criminal liability for insult to personality does not occur. After the repeal of Art. 130 insult to personality under the Criminal Code of the Russian Federation turned out to be “spread out” under other articles.
Yes, Art. 148 (“Violation of the right to freedom of conscience”) provides:
- for actions committed with the aim of insulting the religious feelings of believers, a fine of up to 300 thousand rubles or in the amount of salary (other income of the convicted person) for a period of up to 2 years, or compulsory work for up to 240 hours, or forced labor or imprisonment for up to one year ( part 1);
- for the same actions committed in places of worship (remember Pussy Riot!), a fine of up to 500 thousand rubles or in the amount of salary (other income of the convicted person) for a period of up to 3 years, or compulsory work for up to 480 hours, or forced labor or deprivation freedom up to 3 years plus restriction of freedom up to one year or without it (Part 2).
Insult can also be brought under Art. 213 (“Hooliganism”), if it was expressed in a gross violation of public order, obvious disrespect for society and was committed:
- with the use of weapons;
- based on hatred or hostility towards any social group;
- by public transport.
For this crime Art. 213 provided:
- a fine from 300 thousand to 500 thousand rubles, or in the amount of salary (other income) for a period of 2 to 3 years, or compulsory work for up to 480 hours, or correctional labor from 1 year to 2 years, or forced labor, imprisonment for up to 5 years;
- when committing a group crime, by prior conspiracy or by resisting a government official, a fine of 500 thousand to 1 million rubles or in the amount of salary (other income) for a period of 3 to 4 years, or forced labor for up to 5 years, or imprisonment for up to 7 years;
- when committing a crime using explosives (devices), imprisonment from 5 to 8 years.
Also, insult may fall under Art. 282, which establishes criminal liability for inciting hatred (hostility), humiliation of human dignity, committed publicly, including on the Internet. For this act, the violator faces:
- a fine from 300 thousand to 500 thousand rubles or in the amount of salary (other income) for a period of 2 to 3 years, or forced labor from 1 year to 4 years with deprivation of the right to occupy certain positions (occupy a certain activities) up to 3 years, or imprisonment from 2 to 5 years (Part 1);
- for the same actions with the use of violence (the threat of its use), or using official position, or by an organized group, a fine of 300 thousand to 600 thousand rubles or in the amount of salary (other income) for a period of 2 to 3 years, or forced labor from 2 to 5 years with deprivation of the right to hold certain positions (engage in certain activities) for up to 3 years, or imprisonment from 3 to 6 years (Part 2).
Art. 297 of the Criminal Code of the Russian Federation provides for contempt of court in the form of insult:
- participants in the proceedings a fine of up to 80 thousand rubles or in the amount of salary (other income) for a period of up to 6 months, or compulsory work for up to 480 hours, or arrest for up to 4 months;
- judge, juror, other person involved in the administration of justice, a fine of up to 200 thousand rubles or in the amount of salary (other income) for a period of up to 18 months, or compulsory work for up to 480 hours, or correctional labor for up to 2 years, or arrest for up to 6 months.
For publicly insulting a government official during the performance or in connection with the performance of his official duties, he may be subject to a fine of up to 40 thousand rubles or in the amount of salary (other income) for a period of up to 3 months, or compulsory labor for up to 360 hours, or correctional labor up to 1 year (Article 319 of the Criminal Code of the Russian Federation).
Finally, for insulting a serviceman, the criminal will receive punishment (Article 336 of the Criminal Code of the Russian Federation):
- restriction on military service or detention in a disciplinary military unit for up to 6 months if one serviceman insulted another (Part 1);
- restriction on military service or detention in a disciplinary military unit for up to 1 year, if a subordinate insulted his superior or vice versa (Part 2).
Protection of honor, dignity and business reputation of a citizen
4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible.
Types of insults
Based on the analysis of possible punishments for insult (two articles of the Code of Administrative Offenses and six articles of the Criminal Code), types of insults can be classified as follows:
- “ordinary”, everyday insult, including insult at work, insult to the personality of a minor (Part 1 of Article 5.61 of the Administrative Code);
- public insult to a person, including on the Internet or social networks (Part 2 of Article 5.61 of the Administrative Code);
- insult, qualified as petty hooliganism (parts 1 and 2 of article 20.1 of the Code of Administrative Offenses);
- insulting the authorities or the president on social networks (parts 3-5 of article 20.1 of the Administrative Code);
- insulting the feelings of believers (parts 1 and 2 of Article 148 of the Criminal Code);
- insult, qualified as hooliganism, including in the workplace (Article 213 of the Criminal Code);
- public incitement of hatred (hostility), humiliation of dignity on the basis of nationality, gender, origin, attitude to religion, or membership in any social group (Article 282);
- contempt of court in the form of insult (Article 297 of the Criminal Code);
- public insult of a government official, including insult of a police officer in the performance of official duties (Article 319 of the Criminal Code);
- insult by one serviceman to another (Article 336 of the Criminal Code).
What to do if you are insulted
The victim does not have a single plan of action when insulted; everything depends on the specific circumstances under which the incident occurred. You can be held accountable for insult in different ways:
- write a statement to the police (precinct inspector) or prosecutor's office;
- sue for insult;
- contact the management of the organization where the violation was committed.
The application must contain the most detailed information about the offense (crime) committed. The offense relates to a private type of accusation, therefore, without a statement, the case is not considered, even if the insult was inflicted publicly.
To prosecute someone for insult to personality, it is advisable to consult with an experienced lawyer, since there may be many legal and organizational nuances in this situation. This can be done on our website; a legal specialist will delve into the essence of the matter and help punish the offender for insulting him on the Internet or committed in another form. You can also report insults and threats to the district police officer.
How to confirm the fact of insult
To get the offender punished for insulting a person, you need to take care of the evidence. The following should be attached to the application (if possible):
- documentation;
- photo, audio and video materials;
- links to sources on the Internet;
- screenshots of posts and SMS;
- witness statements,
confirming personal insult in a public place, insult by telephone, in the media or on the Internet. If you are unable to confirm the fact of insult, contact our lawyer for advice.
How to politely send a person away without swearing
The situation is such that a wise person will not be offended by truthful words, but simply will not pay attention to an obvious lie. It is not for nothing that the word “send” is put in quotation marks, since we will not use any insults, much less a three-story obscenity (even as an example). Humiliation, resentment and anger are the lot of a failed person, whose emotional background is dominated by negative feelings, and disharmony reigns in his soul. Our task is to respond culturally, using psychological techniques.
Dip your brain into a plant, maybe you will become wiser.
I can guess what your birthstone is from your horoscope. Judging by the face, it's a brick.
You have such a perky twinkle in your eyes! Have sawdust begun to smolder in your head?
Yes, and you were born, apparently, to spite the condom.
I thought you had exhausted all your stupidity, but you continue to amaze me.
Uma is like a shell.
How to politely send a person away without swearing
When it finally gets dark, you'll definitely look your best!
Are you ignoring me? Or do you silently enjoy my charm?
You look a lot like the Statue of Liberty. Her head is also empty, and just like yours, there is only an observation deck inside.
Are you always this stupid, or is today a special occasion?
Your smile makes my ass wrinkle, your face looks like a gnawed canister!
You are so beautiful! And each subsequent chin is more beautiful than the previous one!
How to humiliate a person with clever words
I feel so smart next to you.
A bikini is not your style; a one-piece swimsuit would suit you better. With holes for eyes.
It is much more difficult to humiliate a person not by putting him down, but by choosing phrases such that they destroy him in a moral sense. This is what we will do.
Now you can beautifully, and most importantly subtly, poke at your opponent in an argument using one of these expressions. Only aristocrats and people with a fair sense of humor and imagination can insult so beautifully.
Receiving moral compensation
For most people, an insult results in moral harm. The victim experiences physical and moral suffering, negative emotions affecting the psyche and health. Therefore, it is quite natural to demand moral compensation from the offender for personal insult. This requirement should be included in the statement of claim, indicating the amount of compensation for moral damages.
The consideration of the case and the decision to satisfy this claim and the amount of compensation are made within the framework of civil proceedings. Thus, the violator can be brought to both administrative (criminal) and civil liability.
You don't have to explain anything to anyone
You don't have to explain to toxic people that they are damaging your relationship or bad for your mental health. You cannot change other people, you can only act based on your experience. When they have left no stone unturned to destroy your self-esteem, no amount of discussion can change them now. You also don't have to explain your choice to others.
When you decide to put yourself first, you need to have the courage to defend your choice. The toxic person who used to be the most important person in your life will not like this decision and will strive to take his previous position. He will use the lowest methods for this.
Examples from judicial practice
In February 2012, several members of the group Pussy Riot held a punk prayer service in the Cathedral of Christ the Savior. Those who took part in the action were convicted of hooliganism under Part 2 of Art. 213 of the Criminal Code of the Russian Federation, received suspended (Ekaterina Samutsevich) and real (Nadezhda Tolokonnikova, Ekaterina Alyokhina) sentences of 2 years in prison each. At the same time, Tolokonnikova stated during one of the court hearings: “... we didn’t even think that our actions would be offensive to someone. If someone was offended by our performance in the Cathedral of Christ the Savior, then I am ready to admit that we made an ethical mistake...”
One of the most high-profile cases of insulting the authorities was the case of Yuri Kartyzhev, who in 2021 was brought to administrative responsibility under Part 3 of Art. 20.1 almost immediately after its introduction into the Code of Administrative Offenses of the Russian Federation. The violation consisted of the fact that Kartyzhev posted a post on VKontakte that insulted the President of the Russian Federation. For publicly insulting the authorities on social networks, Kartyzhev was fined 30 thousand rubles.
There were political motives in these high-profile cases (which is partly why they became high-profile). Now let’s give a typical example of a “domestic” insult under Art. 5.61 Code of Administrative Offenses of the Russian Federation. During the trial, it was established that the victim and her husband arrived at the residential building they owned. She was near the house when M.K. approached her and began to voice complaints about an incorrectly parked car. After this, M.K. began calling the victim various offensive, including obscene, words. These words were offensive, the victim was depressed for several days after the incident. M.K. was found to have committed an administrative offense under Part 1 of Art. 5.61 of the Administrative Code of the Russian Federation, she was awarded a fine of 3 thousand rubles.
Article 130
In formal offenses, indirect intent is also impossible due to the fact that in these offenses the mental attitude of the perpetrator to the socially dangerous consequences that have occurred does not need to be established
In this regard, it is impossible to commit slander and insult through negligence, since if the perpetrator commits an action, it means that he wants to commit it, and does not consciously allow his action. The difference between indirect and direct intent lies in the volitional moment
Committing a formal crime is possible only with direct intent. The subjective side must include motive and purpose. The motive should not only indicate the nature of the crime committed, but also determine its volitional content, target orientation, and the judicial investigative authorities must establish it.
