Article 296. Hooliganism

Hooliganism is a violation of public order, which every citizen has encountered at least once in his life. Such a violation is usually considered to be obscene language in a public place, damage to things and various objects, as well as other various actions that can be qualified as disrespect for public order. Such people are called hooligans, and their actions and behavior can be characterized by the words hooliganism and vandalism.

According to Ukrainian legislation, there are two types of hooliganism, each of which provides for certain punishments:

The first type of hooliganism, taking into account Art. 296 of the Criminal Code of Ukraine provides for criminal liability for citizens who violate public order. This list includes gross violation of public order, demonstration of disrespect for other citizens and objects, which is accompanied by particular insolence.
The second type is petty hooliganism, as a result of which a specific person faces administrative liability, as determined by Art. 173 of the Criminal Code. This term is usually used to consider obscene language in a public place, verbal insult to other citizens and other actions that disturb the peace of people.

The two types of hooliganism presented can be distinguished due to the responsibility that will be borne by the person committing unlawful actions. At the same time, such actions and deeds that were accompanied by special cynicism, aggression, and insolence are considered criminally punishable. However, the law does not say anything about the definition of such words, and therefore it is difficult to understand what exactly is meant by the concept of “cynicism.”

The presented terms refer to a list of value judgments, so law enforcement agencies quite often use these concepts for their own purposes. In order to accurately understand the specifics of committing petty hooliganism, you will need to enlist the support of a lawyer. After all, petty hooliganism includes disruption of order in society without insolence and special cynicism, and completely different punishments are provided for this.

Thus, a lawyer will help you understand the peculiarities of each individual situation, determining all the consequences that come from the actions of a particular person. This allows you to get an independent assessment of what happened, which will have a positive impact on the further course of the case.

Criminal liability for hooliganism as a crime

Hooliganism charges are considered one of the most common charges brought by law enforcement agencies. To be specific in this judgment, then such an offense is usually considered to include the following list of actions on the part of citizens:

causing bodily harm to others;
damage to someone else's property;
prolonged obstruction of the work of public institutions;
pestering people on the street and so on.

Thus, our legislation does not provide for a specific list of actions that can be classified as hooliganism. Therefore, all questions regarding the exact nature of the crime are considered individually, taking into account each individual situation and the consequences as a whole.

The main signs of hooliganism of the Criminal Code (Article 296) are considered to be the following:

the place where the actions took place;
the time when the crime was committed;
the environment in which all actions took place.

Criminal liability occurs in case of gross violation of order. The indicators of roughness are indicated by:

the duration of the actions performed (how long does it all take place);
the number of people who suffered from the illegal actions of a specific person or group of people;
age category of all victims;
the degree of violation of the rights and interests of other people and much more.

Listed above are the main nuances that law enforcement agencies pay priority attention to.

Punishment for hooliganism also largely depends on the specific motives that prompted the person to commit illegal actions. Indeed, under this term it is customary to consider all actions that were committed according to the motive of disrespect for society. For example, when a person wants to assert himself at the expense of other people, by humiliating them, when a person demonstratively declares disdain for existing norms and public rules. Determining the presence and degree of disrespect will help not only the words and actions of the perpetrator, but also outside opinions - comments from eyewitnesses or victims.

Criminal Code of Ukraine (CC of Ukraine) with comments to articles

1. Hooliganism, which is a gross disruption of public order based on obvious disrespect for society, which is accompanied by special insolence or exceptional cynicism, is punishable by a fine of five hundred to one thousand tax-free minimum incomes of citizens, or arrest for a term of up to six months, or restriction of freedom for a term of up to ' five years.

2. The same actions committed by a group of persons are punishable by restriction of freedom for a term of up to five years or imprisonment for a term of up to four years.

3. Actions provided for in parts one or two of this article, if they were committed by a person previously convicted of hooliganism, or related to resistance to a government official or a member of the public performing the duties of a public order liaison, or to other citizens who stopped hooliganism is punishable by imprisonment for a term of two to five years.

4. Actions provided for in parts one, two or three of this article, if they are committed with the use of a firearm or bladed weapon or other object specially adapted or prepared in advance to cause bodily harm, are punishable by imprisonment for a term of three to seven years.

A comment

1. The main direct object of hooliganism is public order. Its additional optional object may be the health of a person, the authority of government bodies, and public safety.

The Criminal Code does not link the presence of hooliganism with its commission in public places. Thus, public order can be violated even in the absence of unauthorized persons or in the presence of only the victim (at night, in a deserted place, in an apartment). However, committing hooligan acts in the presence of other people, in the setting of a public event (laying flowers at a monument, concert, etc.) is one of the signs that indicates a gross violation of public order.

2. The objective side of hooliganism is not specified in the Criminal Code. Analysis of the disposition of Art. 296 shows that the obligation ' An obligatory sign of the ' objective side of this crime is only the commission of the act. The act itself consists of a gross violation of public order, accompanied by particular insolence or exceptional cynicism.

Hooliganism may involve the use of violence (beatings, infliction of bodily harm) on victims, destruction or damage to property, indiscriminate shooting, the use of potent substances to disrupt a mass event, displays of shamelessness, mockery of helpless people, etc. There is hooliganism. be expressed in the commission of acts provided for by other articles of the Special Part of the Criminal Code or the Code of Ukraine on Administrative Offenses of December 7, 1984. Such acts become a sign of the objective side of hooliganism taking into account the place, time and situation, other objective signs, as well as the motives for their commission.

Gross violation of public order is a criminal offense. The severity of the violation of public order is determined taking into account the location of the hooligan acts, their duration, the number and characteristics of the victims, the degree of violation of their rights and legitimate interests, etc. Thus, a gross violation of public order occurs when significant harm is caused to it, when hooliganism is associated with an encroachment on other legally protected values, for the sake of which public order is maintained, when it affects important interests or the interests of many individuals, when restoring order requires significant, lengthy efforts.

3. The object of hooliganism is a sane person who has reached the age of 14.

4. Sat 'the objective side of hooliganism is characterized by deliberate guilt and the motive of obvious disrespect for society. Disrespect for society is the desire to show one’s disdain for existing rules and norms of behavior in society, to assert oneself by humiliating other people, to oppose oneself to other citizens, society, and the state. Said disrespect must be clear. This means that the lack of respect for society is obvious, undeniable both to the bully and to witnesses to his actions.

5. A qualified type of hooliganism (Part 2 of Art. 296) exists when the actions provided for in Part 1 of Art. 296, committed by a group of persons. On the concept of committing a crime by a group of persons, see Art. 28 and commentary thereto.

Particularly qualified types of hooliganism are:

1) committed by a person previously convicted of hooliganism

2) hooliganism, this is associated with resistance to a representative of the authorities or a member of the public performing the duties of a liaison for the protection of public order, or to other citizens who stopped hooligan actions (Part 3 of Article 296)

3) committing it with the use of a firearm or bladed weapon or other object specially adapted or prepared in advance to cause bodily harm (Part 4 of Article 296).

A person previously convicted of hooliganism is a person who has an outstanding or unexpunged conviction for committing a crime under Art. 296 of the Criminal Code of 2001, or crimes, Art. 206 Criminal Code 1960

On the concept of resistance, see commentary to Art. 342, on the concept of the use of weapons - commentary on Art. 146, and on the concept of firearms and bladed weapons - a commentary on articles 262, 263, 410.

Objects specially adapted to inflict bodily harm are any objects that are not weapons, adapted by the perpetrator to inflict bodily harm in advance or during the commission of hooligan acts; pre-prepared items are items that, although they did not receive any preliminary processing, were prepared by the perpetrator for the specified purpose even before the hooliganism began.

Objects that are adapted by the perpetrator for this purpose in advance or during the commission of hooliganism should be recognized as specially adapted for causing bodily harm, and pre-prepared objects are objects that, although they did not receive any preliminary treatment, were prepared by the perpetrator even before the hooliganism began. for the specified purpose.

***

Resolution of the Plenum of the Supreme Court of Ukraine No. 10 of December 22, 2006 » On judicial practice in cases of

Skilled and unskilled hooliganism

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Judicial practice in cases of hooliganism provides for the division of this concept into several types:

Qualified hooliganism is a committed crime that results in a high degree of danger to the public. This category includes attacks on people by a group of individuals, resistance to law enforcement officers, use of weapons, and more.
Unskilled hooliganism is an administrative offense under which a citizen faces a fine (the amount varies from 8,500 to 17,000 UAH). Depending on the specific severity of the crime committed, the court can ensure the arrest of the perpetrator for up to six months or limit freedom for up to 5 years.

The most severe penalties are provided specifically for a qualified crime: the perpetrator faces imprisonment from 3 to 7 years. Moreover, this does not apply to other crimes, but only to criminal hooliganism. At the same time, criminal liability under Art. 22 of the Criminal Code (Part 2) can be carried by a person who has reached the age of 14.

The main sign of committing such a crime is called hooligan motives. A lawyer will help you understand what happened and achieve the most legal and well-deserved verdict for your client in court.

Article 296. Hooliganism

1. Hooliganism, which is a gross disruption of public order from the motives of obvious disrespect for marriage, which is accompanied by special boastfulness and guilty cynicism -

is punishable by a fine of five hundred to one thousand non-compliant minimum incomes of citizens, or by arrest for up to six months, or by imprisonment for up to five years.

2. These same actions, committed by a group of people, -

The punishment is for the reduction of will for lines up to five fates or for the reduction of freedom for lines for up to four fates.

3. Actions transferred in parts to the first or other reasons, as they were committed by a person previously convicted of hooliganism, and are associated with the support of the representative government or the representative community, which constitutes the obligation for the protection of the huge order, and for other citizens, like committed hooligan acts, -

are punishable by reduction of liberty for lines from two to five rocks.

4. Actions transferred in parts to the first, second or third stage, if the stench is caused by the curing of flammable or cold steel of another object, specially prepared or prepared in advance for the application of bodily harm Zhen, -

are punishable by reduction of liberty for lines ranging from three to seven fates.

{Article 296 as amended by Laws No. 3075-III dated 03/07/2002, No. 721-VII dated 01/16/2014 - having lost authority to Law No. 732-VII dated 01/28/20 14; From the changes introduced pursuant to Law No. 767-VII dated 02/23/2014}

COMMENT from the resource “PROTOCOL”:

Analyze the court act: Hooliganism without disrupting public order and without motives of obvious hostility does not exist until marriage (SC/KKS in reference No. 127/30388/19 dated 06/08/2021)

The Supreme Court has clarified that the infliction of bodily harm in a private setting due to special spontaneity cannot be considered hooliganism. In such a situation, the head of the sign of evil evil is missing - the motive is extremely disrespectful to order.

The prosecutor brought before the court an indictment for committing criminal offenses, referred to in Part 1 of Art. 122, part 1 art. 296 CC of Ukraine.

The judges of the first two instances found the charges under Art. 122 KKU, however, to the warehouse of the malfunction of the transferred st. 296 of the Criminal Code of Ukraine, which is hooliganism, the accused was not convicted of actions, in this part the accused was acquitted on the basis of Part 1 of Art. 373 CCP of Ukraine.

According to the court decisions, the incident between the victims and those accused occurred near the store. There, during the conflict, the accused beat the victim, causing bodily harm of moderate severity. It is important to note that those accused and suffered among themselves were relatives.

Not accepting the acquittals (in part, the accusations) and the extent of the accumulated moral harm, having patiently submitted to the cassation scum.

The current review of the discredited court decisions, the Supreme Court is inquiring about their legality, based on the current situation.

First of all, having guessed what hooliganism is defined as such warehouses of evil.

Thus, actions that were accompanied by threats of killing, beatings, bodily harm, infliction of guilt on members of the family, relatives, acquaintances and complaints of special hostile knocks, wrong actions of those who suffered What, after qualifying for the articles of the QC, which transfer responsibility for crimes against individuals.

In this case, how hooliganism is designated to qualify only in these episodes , if the stench was identified with the obvious gross disruption of the huge order from the motives of obvious disrespect for marriage and was accompanied by special boastfulness. Blame's cynicism.

In the end, the location of the store was a huge disaster, however, the prosecutor did not tolerate the fact that at the time of the crime, the store was no longer operating, and the location itself was being used by the rulers - certificates for drinking alcoholic beverages from a group of close friends, including the accused and the victim.

Therefore, for the evidence of their minds, the court of the first instance correctly stated that this placement cannot be taken into account by the general authorities.

The prevalence of evil can also be confirmed by those who are accused of beating the victim not from the motives of obvious dislike for marriage. The conflict arose out of special spontaneity in a private situation, not in the minds of a huge city, but with accusations of the wrongdoing of the victim, who is his relative.

With the satisfaction of what was assigned, the Sun deprived the cassation of the scarga without satisfaction.

Analyze the court act: For checking the consumption of police cars - virok under Part 1 of Art. 296 CC of Ukraine (hooliganism) and a fine of 17,000 hryvnia (Virok of the Bilotserkivsky Municipal Court of the Kiev Region on the right No. 357/4959/21 dated 06/15/2021)

These individuals, who decided to satisfy the natural need for a car of the National Police, were assessed as hooliganism - a gross disruption of the general order from the motives of obvious disrespect for marriage, which is accompanied by blame cynicism mom.

The plot of the ship's report: It is almost the 3rd anniversary of the night, in the Bila Tserkva metro station - a man who had no previous convictions, was officially ordered to pick up goods at the landing - had the idea of fulfilling his natural needs in the service of a National Police car that was parked from the store and no one scratched.

A criminal case was violated against the person and hooliganism was charged under Part 1 of Article 296 of the Criminal Code of Ukraine - fragments, as was established by the materials of the case - for grossly disrupting the public order and in illegal marriage the meaning of norms of behavior and morality, which are demonstrated even before the end of life, They acted with guilty cynicism, demonstratively showing their ignorance of moral norms, publicly exposing their bodies, and began to regulate the need for registration of a car, as a result of which they left a bad business reputation and image on National police of Ukraine.

Apparently, in order to recognize a person guilty of hooliganism - as well as to distinguish it from other hooliganism (which is an administrative offense and is not punishable by conviction for a criminal offense) - the requirement to establish individuals grossly disrupted the huge order, which was accompanied either by Vinyatkov’s cynicism or special boastfulness.

Immediately, the court found that these actions were carried out with blame-like cynicism. Returning to PPVSU “About judicial practice in the right about hooliganism” dated December 22, 2006 No. 10 – “hooliganism, which was accompanied by guilty cynicism, may be recognized as actions, combined with demonstrative ignorance to the illegally accepted norms of the for example, displaying indecency and gross indecency...” .

From the trial, it was not entirely clear whether the person had taken a video about it, whether he had discussed it everywhere, and for whom – in the future – about the 3rd anniversary of the night, demonstrating ignorance to the standards of morality. There are also spectators for the demonstration. Who, hey, did he decide to destroy the great order himself? Tim not less - the fact is deprived of the fact - the person signed a plea of guilty, for which he found himself guilty of committing hooliganism, having extensively repented and received punishment from the accused in the form of a fine of 1000 for non-compliance. The amount of income of the population is 17,000 (seventeen thousand) hryvnia

Well, on this note: Previously unconvicted, officially working, looming in the middle light and healthy mind (the person has never been in the care of a psychiatrist or a drug addiction specialist) the person was found guilty of the authorities and hooliganism for the management of consumption for service vehicles of the National Police .

Analyze the court act: A hooligan beat a consul for illegal parking. What are the steps of marriage before marriage? (VS/KKS according to reference No. 461/2694/19 dated December 22, 2020)

The Criminal Code for hooliganism has been transferred to the KKU.

How to get it from the position of Art. 296 KKU, hooliganism is understood to be a gross disruption of the general order from the motives of obvious hostility to succession, which is accompanied by special boasting and guilty cynicism.

In every case, the court before the authorities, depending on the materials of the certificate, the collected evidence, is likely to support the evidence of such motives in the offender.

However, the Supreme Court has established a criterion for which guilty judges should focus when establishing hooligan actions, as actions aimed at disrupting public order.

So, let’s be patient with the Honorary Consul of the Kingdom of Belgium. As a result of court decisions, including a diplomatic car, the consul made a mistake and parked incorrectly. In court, he explained that there was a need to resolve the terminological gap through self-perception.

Until now, we are aware of accusations from the authorities, who, apparently, became angry with the bastard, attacking the consul and giving him a number of blows with his hands on the head and body, causing light bodily injuries. The accused’s actions were characterized by blatant behavior and verbal images not only at the time of the beating, but also after the arrival of the police.

Judges of the first two instances found the man guilty of criminal hooliganism, protested, and the defendant filed a criminal complaint.

The zakhisnik concluded that the rules of the CCU were incorrectly established by the fact that the judges incorrectly qualified the action of the defendant under Part 1 of Article 296 of the Code, leaving the remainder in the actions of the rest of the day with a subjective sign of this type of malpractice - the expression of a clear disadvantage to marriage and illegally accepted norms of morality, stagnation to the point of patient violence it was discovered through the particular hostility of the hundred, and that would be a valid qualification if it was established under part 2 of article 125 of the CCU.

The Armed Forces have deprived the rule without change and given a detailed explanation of the objective and subjective sides of this criminal offense.

Thus, hooliganism from the objective side lies in the encroachment on the value of law enforcement, which is accompanied by special boasting or guilty cynicism. Such an assault, as a rule, takes place in public or large places, resulting from the initiative of the offender, accompanied by obscene language and/or physical violence, violent behavior and leading to an increase in moral and material harm .

Obviously the sign of the subjective side of hooliganism is the motive of obvious disdain for marriage. The dominance in the knowledge of such internal spontaneity and the presence of a special motive for encroachment on the victim is the main criterion of hooliganism as an evil against the general order and morality .

The Armed Forces determined that the cause of hooliganism in this case was a frivolous drive due to improper parking of the car. The situation and the circumstances of the situation, the dynamics of their development and the objective signs of the behavior of the condemned to testify about those who were considered not to be particularly hostile to the consul, but for the bridegrooms to resist their marriage, to demonstrate ignorance to the accepted norms and the rules of behavior, it was accompanied by special boasting from the view diminishing the worthiness of the victim, consumed by violence against him.

And such actions cannot be qualified as the clever infliction of bodily harm; hooliganism has a special motive - dislike for marriage, and in this case it is clearly demonstrated.

Analyze the court act: For nudity in front of the police - criminal punishment (Sredyno-Budsky District Court with reference No. 586/630/20 dated 12/07/2020)

Anger and irrelevance may lead to criminal liability.

In this case, a person was found guilty and condemned for Part 1 of Art. 296 CC of Ukraine.

It is conducive to a strong court of judgments after the destruction of the proper transport service from hooligan sponkals, grossly disrupting the huge order from the motives of obvious disrespect to marriage, having begun to be caught with obscene likes at the address of the civil servants, as And they lost your car. After which, having ignored their respect, demonstrating a clear disrespect for law enforcement officials and the government in general, the guilty person is in the public place, of course, what is behind their actions There are other citizens who have become eyewitnesses of illegal acts, having continued to use obscene words at the address of police officers , without responding to the respect and efforts of the police about the crime of hooliganism, showing obscene gestures with their hands and exposing themselves in front of the remaining officers.

For such actions, the hooligan was given a fine of 17,000 UAH.

Analyze the court act: To qualify the action as a special offense, the fact of inflicting minor bodily injuries on the victim is sufficient (SC/KKS in reference No. 323/3000/18 dated 01/27/2020)

Qualifying signs of hooliganism, meaning under Part 1 of Art. 296 CC of Ukraine, there is a particular boastfulness and blame-like cynicism.

However, the current criminal law does not give a clear definition to the concepts of special boastfulness or guilty cynicism.

The presence of the indicated signs in the actions of a guilty person is of particular importance for identifying the signs of criminally punishable hooliganism in their actions, and the presence of the indicated signs when committing hooligan actions is transmitted to the administration neutrality.

In this case, two people were convicted under Part 2 of Art. 125 of the Criminal Code of Ukraine, although those convicted by the pre-trial investigation body were qualified under Part 2 of Art. 296 CC of Ukraine.

Apparently, before the trial, the guilty persons denied respect to the victim for those who violated the traffic rules with their cars.

“Standing up” for their innocence, one of the convicts gave a blow to the victim’s head with his hand, causing the rest to fall to the ground. Without hesitation, they took him by the legs and pulled him along the ground towards the side of the road. The illegal activities of these individuals were carried out with a number of quills and were injected only after being handed over to a third party.

These actions caused the victim minor bodily harm.

The appellate court recognized the actions of the local court as necessary to reclassify them as legal and grounded.

At the time of the decision, the prosecutor filed a cassation claim, which was motivated by the fact that the motive for the actions of the judges was their desire to show their brutality and guiltiness, then in place there was a hooligan motive.

The authorities of the KKS have been reviewing their decisions with the prosecutor’s arguments.

Confirming your position to the court of the cassation instance by pointing out that the sign of special boastfulness of hooliganism can be recognized as a gross violation of the public order, which was accompanied, for example, by violence from the office of patient persons and beatings and bodily harm, suffering over her, destitution and harm to the main, the face of a mass entry , at the same time, the establishment of normal activities, enterprises and organizations, the collapse of the huge transport system, or else, because the person stubbornly did not take the troublesome hour. In order to qualify malicious acts as a special offense, it is sufficient not to establish by the court the fact of inflicting minor bodily injuries on the victim. Since the conclusion of the courts about those in the cases of the convicts there was no hooliganism due to the sign of special blasphemy, the remainder of their actions did not lead to a depletion or deterioration of the lane, the appearance of a massive exit and the temporary implementation of the normal activities of the organization ії, a trace of recognition with mercy.

In this case, these guilty individuals bore the signs of hooliganism itself and even the drive for the conflict was minimal, and during the hour of this conflict, the victim was subjected to bodily harm.

Analyze the court act: Detection of hostile complaints between a guilty person and let us bear witness to the INDUCTION in acts of convicted hooliganism (SC/KKS in reference No. 720/990/18 dated 06/18/2020)

Disposition of Article 296 of the Criminal Code of Ukraine has transferred criminal liability for Hooliganism, in order to grossly disrupt public order from the motives of obvious disobedience to marriage, which is accompanied by special boastfulness or Blaine’s cynicism. Well, as a result of the evil caused by the object, there is a huge order itself. In this case, the guilty person may be directly involved in his destruction (unreasonably inflicted bodily harm, actions that caused the work of the organization, the establishment of enterprises, etc.).

However, in practice, it is often important to identify the consequences if the person committed the hooliganism itself, and not another crime, for example, inflicted slight bodily harm on the victim.

In this case, a person was condemned for part 3 of Art. 15, clause 7, part 2, art. 115 Criminal Code of Ukraine for those who, from behind, prepared with a prickly and cutting object for inflicting bodily harm at the location of the point of sale of state lotteries, they went to the victim, as they practiced there, grossly destroying the community what kind of order, demonstrating a clear lack of respect for marriage, with special boastfulness, lackluster illegal human rules of life and moral norms, without reason, realizing their evil intentions on the purpose of planning the death of the victim with hooligan motives, hitting her from behind with a prepared point, aiming at the back right side of the head and in the The next one was a blow with the fist in the face, as a result of which the victim fell into a frame-up. Continue to destroy the huge order, realizing the evil intention of causing the death of the victim for hooligan motives, with a prickly-edged object, and with a knife itself, delivering a series of blows to the area of the destruction of vital organs, burning Her slight bodily ailments that caused a short-term breakdown in my health .

In this case, the local court, in part, committed the charges of hooliganism and justified the rest.

The appellate court accepted the defendant’s actions with such qualification.

Prote, the prosecutor filed a complaint with the district court and to the appellate court, motivated by the fact that the decision on acquittal for Part 4 of Art. 296 CC of Ukraine is unclaimed, the shards of the victim became a fall victim, to take revenge for those who dipped into the kava of an unknown speech, and insignificant, the actions of a guilty person were put on hold by the robot for a 4-year mortgage and there was a stink directly directed towards the destruction of the great order and the motives for obvious opposition to marriage.

The criminal court of cassation was not satisfied with such arguments of the prosecutor and deprived him of his treasure without satisfaction.

Accepting this decision, the CCC noted that the judges of the lower instances legally and legally stated in their decisions that the accused was directed with the motive of revenge or against the victim, he had no intention but they did not carry out any action that would have created an objective side of hooliganism, there were no violations of the general order, there was no one at the bail room, illegal actions during the hour were dynamic and undisturbed and not a little hooligan motive, the court session did not establish sufficient evidence about the evidence of the charges respected warehouse of criminal offenses, transferred part 4 Art. 296 CC of Ukraine.

For legal assessment of the action under Art. 296 CC of Ukraine obligatory is a common sign of the objective side of this evil in the form of a gross disruption of the huge order, which is accompanied by special boastfulness and blame-like cynicism, and the subjective side, spectacle, motive in obvious disrespect before marriage.

Depending on the motive, if the persistence of violence is understood by hostile knocks from the tolerant and abusive behavior of a particular individual from special sponkuns, the very fact of committing unlawful acts in a huge place in the presence of third parties does not provide sufficient grounds for classifying them as hooliganism.

Here, the materials of the trial have shown that having given blows to the victims with the motive of revenge, the fragments of the von sipped the Yoma speech into the kava. In this case, it is obvious that before the court of the first instance establishes the factual circumstances, which are not disputed in relation to the penalty, the judgments are more than suffered, in the following paragraph of the expansion of national lotteries in the form of there were no such things, their lives were dynamic and unchanging, and in their affairs there was a warehouse of evil, transfers Part 4 Art. 296 CC of Ukraine will be on daily basis.

Analyze the judicial act: Supreme Court/Grand Chamber: The very fact of committing unlawful acts in a large city in the presence of outsiders does not provide sufficient grounds for classifying them as hooliganism (SC/VP issue 03. 07.2019, right No. 288/1158/16-k)

On June 03, 2021, the Great Chamber of the Supreme Court, in reference No. 288/1158/16-k, praised the ruling, in which the court imposed a number of regulations to substantiate the norms of criminal substantive and procedural legislation.

First of all, the court issued a formal description of the distinction between the classification of acts between hooliganism and the duties of mental bodily harm:

"14. With regard to the prescribed action, which was accompanied by threats of beatings, forced beatings, forced bodily harm, special hostile actions, they require qualification for the articles of the CC, which are passed on to the general public. distance for evil against an individual. How hooliganism is designated to qualify only in these outbursts, if the stench was recognized by the obvious gross disruption of the huge order from the motives of obvious disrespect for marriage and was accompanied by special boasting and blaming qings change

15. Thus, for the legal assessment of the action for Article 296 of the Criminal Code of the Russian Federation, there is a confirmed sign of the objective side of this crime in the form of a gross violation of the public order, which is accompanied by special boasting and culpability. change, and the subjective side, osmosis, obvious motive disrespectful until marriage.

Also in the decree, other guidelines were introduced to ensure the stagnation of legal norms, including:

— a broad understanding of “law” in the context of the Constitutional Code of Ukraine (clauses 55-72 of the resolution), within the scope of this Art. 263 (illegal reason for marriage). The court gave the following formula: “we have given the law permission” to take action;

— the court’s decision to actively suppress this crime as a way of setting it up so that the punishment will be mitigated (clause 77 of the resolution). The court noted about those who, under active investigation of the criminal case, understand the actions of the guilty individuals, directing the assignment to the pre-trial investigation authorities and the court of assistance in relevant operational situations, which were not yet visible to these authorities. The very recognition of powerful guilt under the pressure of collected evidence and confirmation of information already established by the competent authorities from other sources does not constitute active efforts to uncover the crime;

- from the procedural nutrition of the position of the victim in the event of reclassification of the crime as a private accused (paragraphs 88-91 of the resolution).

Analyze the court act: Hooliganism – part 4 of Art. 296 CC of Ukraine: what is the subject of special attachment or preparation for the application of bodily treatments - clarification (VS/KKS in reference No. 749/1092/16-k dated 12 February 2021)

In fact, hooliganism is complex from the point of view of qualifications. This resolution of the Supreme Court can be called fundamental in the new part 4, art. 296 CC of Ukraine - “Hooliganism, the gross disruption of public order from the motives of obvious hostility to marriage, which is accompanied by special boastfulness and blameworthy cynicism caused by the stagnation of a flammable or cold outbreak or any other object, specially prepared or prepared in advance for the application of bodily treatments.”

How should the court determine the classification of evil - the subject of further preparations for inflicting bodily punishment?

The Sun gives a clear explanation of this drive. Specially prepared for causing bodily harm to recognize objects, applied with special wine for this purpose in advance or before the hour of committing hooligan acts. In addition to preparations for applying bodily treatments, items that, if desired, did not undergo any kind of preliminary processing, but were specially prepared for the specified purpose , can objectively be used for applying bodily treatments. b.

In this case, I took home and picked up as a “prepared item” my grandmother’s walking stick, which was equipped with a metal rod. The accusations were brought to light at the victim’s door and in the middle, he was hit with a club and struck with a metal rod, causing bodily harm. And although the grandmother’s club was not specifically attached to the accused for striking, the butt was not sharpened, but it is still important to attach such an object with the qualifying mark of Part 4 of Art. 296 CC of Ukraine.

In its decision, the court of the cassation instance quotes the Plenum of the Armed Forces of Ukraine dated April 22, 2006, issue No. 10 “On judicial practice in cases of hooliganism”: the most important food is evident in the actions of a guilty person of the specified qualification signs of hooliganism, trace what happens in these episodes , if, behind the additional names of these objects, they caught and began to smell bodily harm, or if the destruction of these objects during the commission of hooligan acts created a real threat to the life and health of the population.

Therefore, the fragments of the patient, having taken away their bodily care, unfortunately, grandma’s club became a weapon of hooliganism.

Analyze the court act: For the qualification of a person under Art. 296 KK ob'vyazkovym - the obvious intent of the wine itself to disrupt the public order (No. 5-17x12 dated 10/04/2012)

The single decision of the Armed Forces of Ukraine has thoroughly analyzed the problems of qualification of actions under Art. 296 CC of Ukraine (Hooliganism).

The court has especially condemned those who, in the evening hour, with the method of removing stray dogs, shot from a gun contaminated with humic scum, which ruined the peace and quiet of the residents of the street, such as robots became more respectful.

They started barking at their address with obscene huskies and provoking bijka. After this, the person fired a shot from the specified pistol at one of the victims, causing further bodily harm and intending to shoot at another victim.

For such actions he was convicted under Part 4 of Art. 296 CC of Ukraine. The Armed Forces of Ukraine agreed with such decisions.

In his application to the Armed Forces of Ukraine, the judgments were delivered about the closure of a completely new case in connection with the importance of his actions to the warehouse of the evil, the conflict between them and the suffering of the vinic on the ground of special hostile centurions, post Or from the pistol we became impatient during the hour of drunken work and we will tolerate it, In the process, having fallen and hitting a hard surface, accidentally pressing on the trigger of the pistol, which was held by the hand at the moment of the fall. These conditions, upon reconsideration of the applicant, include the qualification of his actions for the signs of hooliganism.

In its turn, the Armed Forces of Ukraine, satisfied manner, stated that the disposition of Art. 296 CC of Ukraine indicates the obligations of the spouses, who are protected by their children, and at the same time determine the minds, character, submission of stagnation of entering the primus to the subjects, who have violated the obligations established by them to settle down during the execution of the singing ceremony.

The object of the protection of these norms is a huge order, which is a trace of understanding how the state of suspense containers, which is formed, changes and is subject to the influx of legal norms (meaning peace), moral ambushes, etc. in, ethical rules, traditions, other legal officials and to know one's presence (imagine) in the safety of the community, the protection of health, the honor and worthiness of people, the rights and freedoms, secrecy, the right to subordination, the tired rules of living, communication (spiritualization), and behavior and in everyday life, in public and at home members of the council are one to one, in the normal functioning bodies of sovereign power, local self-government, various institutions, organizations, community associations, other institutions that deal with bark suspense. I am clear.

At the basis of the interconnection of hooliganism with evil against health, in addition to other signs, there is an object of evil, which significantly signifies the legal nature (character) of each of these actions and their fundamental insecurity , and such a sign of the subjective side of evil, like motive.

Hooligan acts always encroach on the general order and other designated objects of protection. Instead, the directness of this action arises from the character of the individual who carries it out, as well as from the struggles that have accumulated between such a special and patient person.

Analyze the court act: Virok for Art. 296 KK: What is the process of twisting the standard throttle bushing out of the barrel bore and converting it into a firing pin? It appears that no? (Ivano-Frankivsk Municipal Court, judge Bolyuk I.I.)

The court does not take into account the evidence of the findings of the expert OSOBA_17 dated June 26, 2013, case No. 147 (T.2 a.s. 157-161) and the testimony of the expert OSOBA_17 himself, which supported the findings of the findings, fragments of the findings in the future and always According to the order of decommissioning by the bill No. 1780/1781 of the ballistic commission examination, of course, the gas pistol “PGSh-10” serial number NUMBER_3 does not have a flammable fire. The gas gun is said to be manufactured in a factory manner, there is no sign of third-party injection into the design by changing the target visor. The reason that allows you to screw a standard throttle bushing from the bore is not the self-processing of the pistol with a fire-fighting ammo, but the design features of the pistol manufactured by the manufacturer, which allow you to carry out shootings like cartridges with gas-fueled cartridges. oi (with a screwed-in throttle bushing), so i cartridges with sporadized humic bullets (when the socket is screwed in), but not with live cartridges (ammunition). The design feature of the pistol is intended for the shooting of non-lethal cartridges of several types, and does not put it in front of a flammable weapon.

The expert's examination, at the time of the initial examination, from the bore of the Schmeisser "PGSh-10" pistol, serial number NUMBER_4 of the throttle bushing, did not lead to the loss of power as a gas pistol (it was possible to carry out gas cartridges from it), but they allowed it shooting station Other non-lethal cartridges are filled with humic particles.

From the pistol “PGSh-10” NUMBER_5, caliber 9 mm, after further cleaning and lubrication, shooting was carried out, both with and without a screwed-in insert (throttle bushing). For which purpose were vikoristan cartridges loaded with a lead projectile and rounds of sprayed liquids of highly explosive and explosive action (T.3 а.с.217-222).

Petty hooliganism

Petty hooliganism is an administrative violation of law and order associated with verbal insults of other citizens, pestering people on the streets, in public institutions, etc. Simply put, such a violation of order is usually considered to be all actions that have nothing to do with the criminal behavior of persons.

As a result, the citizen must bear administrative responsibility in the form of the following list of possible penalties:

fine in the amount of 51 to 119 UAH;
participation in correctional labor for 1 to 2 months with a fine of 20% of the total salary;
administrative arrest for up to 15 days.

The resolution of the plenum on cases of hooliganism indicates that the main subject of such actions is a person who has reached the age of 16 and is considered a capable citizen.

Among the main characteristics of a minor offense it is worth noting:

low culture;
deliberate disregard for the interests of the public;
selfish behavior towards other people;
special disregard for the established rules of the public, which are fully consistent with the moral values of each person.

Taking into account all the above features, a further court decision is made, according to which the punishment will be chosen for a group of people or a specific person.

Features of petty hooliganism

Petty hooliganism in Ukraine is considered such in the event of the following actions characteristic of this crime:

When a person uses obscene language in a public place in the presence of other adults and/or children. In addition, persons who talk too loudly in a public place and use obscene words may be subject to administrative liability.
When a person pesters other citizens with insults on the street or in public places or institutions. Often this list includes the following requests: to smoke, to give money, to take you to a certain place, etc.
Damaging or destroying someone else's property. This could be deliberate damage to another person’s vehicle, intentional breaking of dishes in a restaurant, etc.

The article petty hooliganism describes places that are considered public: parks, shops, car parks, bus stops, playgrounds, theaters, cafes and other institutions.
A list of certain features that are characteristic of the category of “petty hooliganism” is noted:

A troublemaker with all his behavior proves a clear disrespect for others, trying to prove this in various ways.
Most often, hooliganism occurs while intoxicated or under the influence of drugs.
The crime committed is considered to be the result of a particular person refusing to obey existing laws, moral principles and norms.
Quite often, cases of petty hooliganism are directly related to teenagers and young adults aged 14 to 25 years.

Taking into account these features, the offender faces arrest or a fine.

Telephone hooliganism

Another common type of violation of order is telephone hooliganism. In March 2021, corresponding changes were made to Art. 259 of the Criminal Code. As a result, criminal liability is provided for giving false information regarding the mining of certain buildings and other actions that may threaten the life of a person or a certain number of people.

This is due to the fact that anonymous calls from people reporting a possible explosion or fire at metro stations, bus stations, airports, train stations and other crowded places have recently become more frequent. After such calls, a task force is immediately sent to the specified address, and all people are evacuated from the building to the street.

Most often, these actions are observed as hooliganism by minors, people with mental disorders, or people who are intoxicated. For calls, payphones, landlines and mobile phones are used.

Previously, for the first false call, a violator of the order faced imprisonment from 2 to 6 years, and for a repeated call or for actions that led to serious consequences, he faced imprisonment from 4 to 8 years.

According to the new law of March 2, 2021, already at the first call, the violator faces imprisonment for a term of 4 to 8 years if the information he provides concerns the following important objects:

infrastructure facilities;
buildings where the activities of government bodies are carried out;
healthcare institutions.

Moreover, such punishment is provided even if the actions of a particular person do not have any serious consequences.

Mego-Info - Legal portal No. 1

Material pages:

Article 296. Hooliganism
Side 2

Hooliganism, which is a gross disruption of the general order from the motives of obvious dislike for marriage, which is accompanied by special boastfulness and guilty cynicism -

is punishable by a fine of five hundred to one thousand non-compliant minimum incomes of citizens, or by arrest for up to six months, or by imprisonment for up to five years.

Those same actions, committed by a group of people, -

The punishment is for the reduction of will for lines up to five fates or for the reduction of freedom for lines for up to four fates.

Dії, transferred in parts to the first or other statі, since they were committed by a person previously convicted of hooliganism, and are associated with the support of the representative authorities or the representative community, which vikons the bonds with good not a lot of order, like other citizens who were treated like hooligans dii, —

are punishable by reduction of liberty for lines from two to five rocks.

Products, transferred in parts first, second or third, because the stench is caused by the curing of flammable or cold steel or another object, specially prepared or prepared in advance for the application of bodily harm, —

are punishable by reduction of liberty for lines ranging from three to seven fates.

(Article 296 as amended by the Law of Ukraine No. 3075-Ш dated 7 January 2002)

The serious unsafety of hooliganism lies in the fact that it is one of the unsafe and widespread evils against the general order, and it is difficult for the complex of sustainable activities that will ensure the normal life of people in various spheres. activity, calmness and adherence to the rules of behavior in married life and everyday life. In addition, hooliganism often causes harm to people’s health, their balance, and their lack of peace. KK 2001 r. having completely changed the meaning of hooliganism. No one's crime has been decriminalized, and his criminal record has been transferred.

Part 1 Art. 206 KK 1960 r. Only such gross disruptions to the public order are considered evil, those that were committed with motives of obvious dislike for marriage and were accompanied by special boastfulness and blame-like cynicism (Part 1 of Article 296 of the Code) (PS (2008-2011). - P. 323-324).

On the objective side, hooliganism is a completely unsafe act that grossly disrupts the general order. The law recognizes as such only actions that have caused real harm to special or vested interests and have been treated with special boasting or guilty cynicism. Instead of the rudeness of the destruction of the huge order, it follows from the harmonization of the nature of the hooligan acts, their legacy, the place and the triviality of their actions, the number of victims, their life, I will become healthy, with concerns about the violation of their interests or the interests of enterprises, installations, organizations. An analysis of these situations is required to explain the evidence of particular boastfulness or guilty cynicism, which are the main and most obvious indicators of the gross destruction of the public order (PS (2008-2011). - pp. 319-322).
Particular boastfulness is a gross disruption of the public order, resulting from the infliction of beatings and other violence that caused bodily harm, and the suffering of the sufferers, deprivation or harm. at the time of destruction of the peace of the community, seeing the mass entry, the temporary disruption of the normal activities of the establishment, enterprise , organization, transport industry, etc. Blame's cynicism is a demonstrative ignorance of moral standards, for example, gross obscenity, public nudity, pity on German persons, etc. (More details about this concept, paragraph 5 of the PPVSU “About court practice in the courts about hooliganism” dated 22 April 2006, No. 10). To qualify the committed hooliganism for

Part 1 Art. 296 KK there is enough evidence in the actions of a guilty individual of one sign - special boastfulness or guilty cynicism.

Under the obvious disrespect for the marriage, the impudently revealed, unimportant placement of the wine to a huge order and the legal rules of behavior and morality that the spouses have. This sign, however, characterizes both the objective side of hooliganism - the gross disruption of public order, and the subjective side - hooligan motives.

The end of the evil will be recognized from the moment the action is committed, which grossly disrupts the great order.

Hooligan acts can be committed in any place, most often occurring in parks, on the streets, near cinemas, shops and other urban areas. As a rule, such actions begin in the presence of victims and other people. However, publicity is not a mandatory sign of hooliganism. It could have been done near an apartment, on a deserted street or something. It is possible to commit hooliganism over the phone, if, for example, at the present hour, we will endure the periodically distressing hour of the phone, disrupting their normal sleep, cynically depicting, worrying about them, which reveals themselves to be clearly disliked before marriage.
Analysis of the signs of hooliganism provides a basis for understanding that acts of violence such as beatings, beatings, infliction of various degrees of severity of bodily harm, as well as intentional destitution and abuse characterize a particular praise.

Therefore, hooliganism, which is accompanied by beatings (Part 1 of Article 126 of the Criminal Code) or causes of light bodily harm (Article 125 of the Criminal Code), does not require additional qualifications. However, in such a situation, the commission of evil, which, behind its signs and level of severity, is strictly classified as hooliganism, there may be a totality of evils that will require qualification ї for Art. 296 and related articles of the CC (for example, articles 121, 122,

Part 2 Art. 126, articles 127, 194, 352).

The subjective side of hooliganism is characterized by direct intent and motives of obvious hostility to marriage. Vinny informs us that by his actions he is grossly disrupting the great order, thereby expressing a clear dislike for marriage, and this is what he is hoping for. It does not change the nature of the guilt and the commission of hooligan acts for the presence of qualifying and especially qualifying signs. The person, for example, informs that their hooligan acts are connected with the support of the representative government or the representative community, which is bound by the protection of the public order, and again this is what we need. However, the intention was to increase harm as a result of hooliganism and may be indirect. It is impossible, for example, to detect the presence of him in an outburst if a drunken hooligan starts barking at people, and then shoots an indirect shot at a large city, implicating one of the victims in bodily harm. In this case, the wine is not used directly, without the risk of harming the health of someone from abroad, or knowingly allowing such inheritances. This position is also supported by court practice. The obligatory sign of the subjective side of hooliganism is based on the fact that the act was committed with the motive of obvious dislike for marriage. This motive is more important than the fact that, on the one hand, it characterizes hooligan acts, and on the other hand, it is recognized by the law itself as a binding sign of the subjective side. In each case, the hooligan motive of the act can be found in the singing low sponkunyans. This can be beshketnitstvo, arrogance, to oppose your marriage, to show drunken boastfulness, to show the ignorant to the desperate.

In such cases of encroachment on a person with jealous motives, revenge can then be transformed into a motive of obvious disrespect before marriage and the creation of a pattern of hooliganism. Similarly, for example, it may happen that if, through jealousy, two people in the cinema began to get upset, they made a fender, as a result of which the screening of the film was disrupted, the normal work of the cinema was disrupted, the calm and finally the viewer iv. It is clear that such subjective signs, such as the motive of action and the directness of intent, are the main criteria that distinguish hooliganism from serious crimes. At this point, respect is given to PVSU in paragraph 4 of the designated Resolution dated 22 April 2006. No. 10.

The subject of hooliganism can be individuals who have reached the 14th century.
The part has 2 tbsp. 296 of the Criminal Code has been transferred to punishment for hooliganism committed by a group of individuals (there is a wonderful comment about the concept of a group of individuals to Article 28 of the Criminal Code). In this case, the qualification of hooliganism does not change regardless of whether it was committed beforehand or without prior knowledge. A variety of hooliganism committed behind the front group of individuals can be recognized as being carried out by an organized group. The responsibility for such hooliganism, in addition to the middle-aged Vikonians, is extended by the organizer, since the perpetration of such atrocity was encouraged by his intention.
Hooliganism committed by a group must be recognized as mass theft (Article 294 CC) and as a group disruption of public order (Article 293 CC). In the event of mass heists, actions are carried out all at once, and these actions are accompanied by pogroms, scorchings, ruins, violent hangings of citizens, and often strongholds of representatives of the government. In case of group hooliganism, these signs are valid, and the Viconavians grossly disrupt the great order, blamed for the motives of obvious dislike for marriage. Group disruption of public order (Article 293 CC) is classified as hooliganism caused by a group of individuals, including hooligan motives. Therefore, if a group disruption of the general order is caused by the motives of obvious hostility to marriage, the law is responsible for adhering to Part 2 of Art. 296 CC.
The part has 3 tbsp. 296 KK was transferred responsibility for hooliganism, indicated in the first two parts of this article, as it was committed by a person who was previously convicted of hooliganism, and is associated with the support of the representative government or the representative community , which complies with the protection of the huge order, and other to the townsfolk, who engaged in hooligan acts. Hooliganism is tortured by the zlice for the familiarity of the yogo relapse, Tobto will come to a special one, Yak Ranish Bula Sudim for being hooliganism, for implies, they are not condemned, not extinguished (Div. 7PPVSU 22.22.22, 2006 No. 10). Hooligan acts committed repeatedly without evidence of a conviction for one of them do not qualify as a crime committed under Part 3 of Art. 296, but it is guilty but insured when it is considered punitive as a tight fitting (clause 1

Part 1 Art. 67 CC).

Another qualifying sign of such hooliganism will have obvious support, so that against the representative authorities, the representative community or other citizens who committed hooligan acts, ousted their services and communities what kind of obligation to protect the great order (about the understanding of the representative of the ruler that the person is consecrating his obov 'language to protect the great order, marvelous commentary to Article 342 of the CC). There may be threats at their address, beatings, bodily harm, etc. In this case, the officer is guilty of being a warehouse part of hooliganism, mother place during the period of his commission. OPIR, the number of yogo gogrosa gogrosa to the QIB Tsich, does not require the perch of the seniority of the organs of the sample self -supporting self -controlled gromadyan. The culprit is simply based on acknowledgment of such violence as to avenge signs of another, greater, grave evil (for example, Articles 121, 122, Part 3, Article 345 of the Criminal Code, etc.). In these cases, if it occurs after the introduction of hooliganism as a countermeasure, it cannot be considered a qualifying sign of hooliganism and responsibility for such actions is responsible for the total punishment zlochiniv (PS (2006-2007). - P. 694-696).

1
offensive ›
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‹ Article 295. Calls before the implementation of actions that threaten the huge order in the mountain Article 297. Outside the grave, other burial place or over the body of the deceased ›

The difference between petty hooliganism and a criminal offense

When considering a case of hooliganism, it is important to initially distinguish petty hooliganism from that which is usually classified as a full-fledged criminal offense. In the latter case, the offender specifically looks for a reason to display his aggressive actions or independently provokes another person into an open conflict.

The Criminal Code classifies hooliganism into three main types:

Domestic - a violation that is carried out with the use of weapons and other objects that can be considered dangerous to the health and life of other people.
In transport - a violation of order that occurs in any type of vehicle (on a bus, on board an airplane, in a subway car, etc.).
Extremist - an offense related to political, racial or religious conflicts, or due to personal hostility towards a specific social group of people.

Depending on the type of hooliganism, a certain preventive measure may be provided.

Comment to article 296. Hooliganism

1. Hooliganism, which is a gross disruption of public order from the motives of obvious hostility to marriage, which is accompanied by special boastfulness and guilty cynicism, -

is punishable by a fine of up to fifty non-compliant minimum incomes of citizens, or by arrest for up to six months, or by imprisonment for up to three years.

2. Those same actions, committed by a group of individuals, are punishable by reduction of will for lines up to five fates or reduction of will for lines up to four fates.

3. Actions transferred in parts to the first or other reasons, as they were committed by a person previously convicted of hooliganism, and are associated with the support of the representative government or the representative community, which is the final connection with protect the huge order, and other citizens who were punished by hooligans dii,-

are punishable by reduction of liberty for lines from two to five rocks.

are punishable by reduction of liberty for lines ranging from three to seven fates.

1. The main, indirect object of hooliganism is the public order. Another additional optional object may include the health of individuals, the authority of the authorities, and public safety.

The CC does not link the evidence of hooliganism to its crimes in urban areas. In this way, the vast order can be disrupted either by the presence of third parties or in the presence of the victim (at night, in a deserted place, in an apartment). However, the commission of hooligan acts in the presence of other people, in the context of a public gathering (placement of tickets before the monument, a concert, etc.) is one of the signs that indicates the grossness of the destruction of the public order.

2. The objective side of hooliganism is not specified in the CC itself. Analysis of the disposition of Art. 296 shows that the obligatory sign of the objective side of which the evil is no longer committed. The action itself lies in a gross disruption of the general order, which is accompanied by particular boastfulness and guilty cynicism.

Hooliganism can range from constant violence (beatings, bodily harm) to victims, deprived or damaged lanes, shameless striliany, vikoristanny of strong speeches with the method of seizing a mass entry , showing shamelessness, feeling the need for hopeless people. That hooliganism may manifest itself in the acts committed, such as the transfer of other articles of the Special Part of the CC or KAP. The sign of the objective side of hooliganism is that such acts depend on the location, time of day, other objective signs, as well as the motives for their commission,

Criminal punishment means a gross disruption of public order. The severity of the destruction of the general order is indicated by the settlement of the place where hooligan acts were carried out, their trivialities, the number and characteristics of the victims, the level of violation of their rights and legitimate interests, etc. In such a manner, the gross destruction of the general order may be the place, if I feel the real harm, if the hooliganism is associated with attacks on other law-protected values, for the sake of which the communities are protected There is a certain order, as long as important interests and the interests of rich individuals are taken into account, so long as the new order is important significant, trivalikh zusil.

3. The subject of hooliganism is a person who has reached the 14th century,

4. The subjective side of hooliganism is characterized by intelligent guilt and a motive of obvious dislike for marriage. Ignorance before marriage means to show your ignorance of the basic rules and norms of behavior in marriage, to assert yourself for belittling other people, to antagonize yourself to other citizens, the estate, and the state. The disobedience shown may be obvious. This means that the disadvantage to marriage is obvious, unquestionable, both for the bully and for the eyewitnesses of his action.

5 Qualified type of hooliganism (Part 2 of Art. 296) revealed when transferred to Part 1 of Art. 296, committed by a group of people. About the understanding of the crime committed by the group, condemning it, Art. 28 and the comment before it,

Particularly qualified types of hooliganism; 1) committed by a person previously convicted of hooliganism; 2).

3) the infliction of any other object, specially prepared or prepared in advance for the application of bodily injuries (Part 4 of Article 296).

A person who has previously been convicted of hooliganism is a person who has an outstanding or unexpunged conviction for mischief, referred to in Art. 296 of the Code of the Russian Federation, 2001 r. 206 KK 1960 r.

Having developed the understanding, the commentary to Art. 342, about the concept of zastosuvannya zbroi - commentary to Art. 146, and about the concept of fire and cold fire - commentary to Art. Art. 262, 263r 410.

Objects specially attached or prepared in advance for the application of bodily treatments, including any words that should not be left to rest, any modifications that were specially found at

wine with the method of inflicting bodily harm during the course of hooliganism (a metal rod, a stone, a broken dance, etc.) Such objects can be combined with the indicated method and during the course of hooliganism. At the same time, the sign of the day is analyzed, as In the hour of hooliganism, objects are used that are chosen in the place of committing mischief and in to whom they were not attached to clean up bodily skin

Resolution of the PVS No. 3 dated 28 June 1991 “About court practice in the law about hooliganism”

Help from a qualified lawyer

If you or your loved ones are facing liability for disorderly conduct, you will need to immediately seek help from a qualified attorney. Thus, in the future it will be possible to reduce the actual punishment or completely reclassify the case. In this case, a human rights defender can intervene in the process at any stage of the proceedings:

At the stage of preliminary investigation in a specific case.
Already in the process of trial.
At the stage of appealing a previously passed sentence in court.

However, it is worth remembering the rule: the sooner you seek qualified help from a lawyer, the greater the likelihood that you will be able to achieve positive results in a particular case.

The complexity of legal proceedings is due to the fact that hooliganism has much in common with other crimes (for example, attack on a person). To do this, you will need to indicate the exact line between the different categories of crimes committed. Therefore, if you are detained for hooliganism, you need to prove the absence or presence of exceptional cynicism and other components of a full-fledged offense under this article.

How does a hooliganism case proceed?

The first and one of the important tasks of a human rights defender is to determine whether there are hooligan motives in a citizen’s actions. Therefore, among the main goals and objectives of a lawyer, it is customary to consider the following actions:

clear development of the legal position;
developing a future line of defense for your client;
requesting information about the incident from the competent authorities.

Judicial practice on hooliganism proves that even if a person pleads guilty to committing certain acts, with a careful study of all materials on the case and the vast experience of the lawyer, his innocence can be proven.

But to develop an effective line of defense for his client, a lawyer needs to know and understand exactly what happened. Therefore, the perpetrator is interested in high-quality and detailed presentation of information about what happened - as openly, impartially and objectively as possible. As a result, the human rights defender will be able to give the events a correct legal assessment, helping to determine the chances of a successful conclusion of the case. OUR Lawyer will help you determine a list of evidence that can mitigate the punishment for your client, or even find him innocent. Thus, the perpetrator can be released from criminal liability, as well as from fines for hooliganism.

We consult “ON-Line”

In Ukraine, for the first time, a prison sentence was given for an attack motivated by homophobia. Has European integration taken place?

A sensation spread across social networks and news sites: in Ukraine, for the first time, a prison sentence was given for a crime motivated by homophobia. Human rights activists and their sympathizers rejoice: finally, our country is closer to Europe not only in words! However, if you take a good look at the matter, it turns out that there is nothing particularly to be happy about.

The victims of the attack were the poet Sergei Savin and the musician Maxim Verba from Lvov. On the evening of July 26, the guys were walking around the city and came across a crowd of hooligans who mistook them for homosexuals. According to Savin, the attackers heard him call Verba “beloved friend,” sprayed pepper spray in their faces, knocked them down, beat them, and in the end also took away their wallet and phone.

“To date, 2 of them have received punishment: one of the attackers received a suspended sentence of 4 years, the second was sentenced today to imprisonment for 4 years and 1 month! What happened today is a significant and important event for all of us! The court imposed a REAL, NOT PROBATIONAL, sentence for the offender for a homophobic attack!” reports the Insight LGBTQ NGO .

Yes, the punishment is fair and at the trial they really took into account homophobia as a motive. But there are a couple of nuances. Firstly, the man, who received four years in prison, had already been prosecuted and did not have time to serve his suspended sentence - this probably became an aggravating circumstance. Secondly, the attackers were tried under Art. 296 of the Criminal Code of Ukraine “Hooliganism”, which specifically provides for either from 2 to 5 years of restriction of freedom, or, if the person was previously convicted under the same article, from 2 to 5 years of imprisonment. We have not looked into the criminal case and cannot say for sure, but there is a suspicion that the topic of homophobia was used “for show” and that if the criminals had beaten and robbed an ordinary traditional couple, they would still have gotten theirs.

In Ukraine, rejection of people of non-traditional orientation is widespread. The state is not yet paying much attention to this, although President Vladimir Zelensky once even promised the United States to take care of LGBT people. The problem is raised only by grant organizations and activists who do not have much political influence. Therefore, it is hard to believe that the courts have suddenly taken the path of tolerance.

By the way, the beaten guys turned out to be not lovers or even gays. Savin wrote a post on Facebook, where he assured that he is strictly heterosexual and is not afraid of “rainbow” propaganda. And he advised those who succumb to the influence of others to take an example... from Stepan Bandera .

“Because I am confident in myself and my confidence is enough to avoid the pressure of propaganda, I accordingly conclude that propaganda cannot press at all. Or if she puts pressure on weaklings, then you just need to become stronger. Where to get strength? At Stus's. At Teliga's. At Bandera's."

I wonder how the conservative nationalist Bandera himself would react to the fact that his name is mentioned in such a context? We think he wouldn't like it.

We previously reported that the Ukrainian ambassador blamed Germany for the Holodomor.

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