Insult of a minor by an adult and liability under the Code of Administrative Offenses of the Russian Federation

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Insults occupy a significant place in our lives. However, despite the rather serious nature of the infringement of individual rights, such crimes are no longer classified as criminal. Previously, Art. was dedicated to insults. 130 of the Criminal Code of the Russian Federation, but due to the loss of its meaning, the qualification of cases flowed into the mainstream of administrative offenses under Art. 5.61 Code of Administrative Offenses of the Russian Federation.

Today you can often encounter situations where minors are subjected to verbal rudeness. This can happen on the street, at school and even in the family. Both adults and other minors are the guilty parties in the conflict. In this sense, it is important to understand what is considered to be insults, what is the responsibility for committing them, and what does judicial practice say about this?

Insult concept

Insulting a minor is a humiliation of the honor and dignity of a child by offenders (adults or other children). Unlike ordinary conversation in a raised voice, an insult involves an indecent form, a violation of etiquette and social norms. Often this form is expressed in the use of obscene language, from which, alas, not a single modern person is immune. Sometimes attacks involve comparing a child with an animal or object - which in itself is a violation of constitutional norms.

So, the features of insulting a minor are as follows:

1. Use of abusive language;
2. Suppression of the child’s psychological state;
3. Physical impact;
4. The presence of direct or indirect threats in speech;
5. Other manifestations of rudeness.

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You can often find debates about what can be considered an insult and what cannot? The question is, indeed, quite ambiguous: on the one hand, the offender can show disagreement with the actions of his opponent, point out his mistakes, and express his own opinion, albeit emotionally. On the other hand, even during communication in a raised voice, one should not cross the line of personal hostility towards a person. Therefore, if swear words, incorrect comparisons, or ridiculing the traits of another person are used in a discussion, this can be classified as an attack on honor and dignity.

How to change your style of communication with your child?

One way or another, most experts agree that it is under no circumstances possible to remain indifferent in a situation where a child is experiencing psychological trauma. Parents should strive to find ways to understand and build good relationships. The first step may be to recognize the need for change. The further action plan may consist of the following steps:

1. Working on your own psychological health. Daily routine, proper nutrition, healthy lifestyle, hobbies, relaxation.
2. Awareness of what irritates you most in a child, at what moments this happens, what is the “trigger mechanism”.
3. An attempt to stop oneself at the moment of an aggressive reaction. This is certainly much easier said than done. Every time you manage to express your dissatisfaction more gently, celebrate it and praise yourself.
4. Finding activities during which you and your child will feel good and interesting together. This could be a walk together, watching an interesting program, going to the skating rink, or doing something creative. It would be great if such classes were first organized by an experienced teacher who could identify the child’s talents and strengthen the self-esteem of all family members. Gradually, these joyful and positive moments should become more numerous than negative ones.

Unfortunately, not all people can change their own behavior through willpower. Working with a psychologist, aimed at understanding your family history, the characteristics of your behavior, and developing new forms of relationships with your child can and will certainly become a new starting point in the life of your family and in the life of your children’s family.

Three years ago, a helpline for children, teenagers and their parents was launched in Russia. The professional psychologists working there try to help everyone in need by finding solutions in each specific situation. You can call the helpline from anywhere in Russia absolutely free at the number: 8 800 2000 122.

Types of insult to a minor

Among children and teenagers, personal grievances of minors are always present. Often this manifests itself in relation to physically or mentally weak children, enslaved in behavior, in a word - different from their peers.

Grievances can be represented by:

Personal enmity

Occurs among teenagers whose interests contradict each other. Hostility is usually expressed in verbal rudeness, indecent gestures, ridicule of the opponent’s qualities, etc.

National or religious motives

Humiliation of honor and dignity is accompanied by hostility to the traditions or religion of various faiths. Even if a child behaves appropriately, this may not stop the abusers.

Rudeness on the Internet

Being born into the world of information technology, children can also be harmed by social media. For example, if adults or peers post defamatory information or pictures of an immoral nature online with a hint about the identity of the victim.

Telephone attacks

Calling names, ridicule, rude statements towards a minor via landline or mobile phone.

When faced with the fact of insulting children, you should immediately take action against the offender. Moreover, it is much more effective to punish the guilty person according to the law than to respond to him with rudeness for rudeness. From this point of view, parents must explain to the minor that he is under protection and must correctly assess the situation.

Rough treatment - from my parents’ own childhood

“Parents always transfer the experience of their childhood to communicate with their child.
Stereotypes of aggressive behavior are very difficult to interrupt without outside help. The following scheme works: an annoying situation - an aggressive reaction - a feeling of guilt - an increase in the negative attitude towards oneself and towards the child - and now a “harmless” reason becomes an irritant, says Maria Kholodtsova. “We need to try to break this vicious circle.” Scientific research confirms that psychological trauma received in childhood has an impact on a person’s further development. Such children are more likely to experience difficulties in school learning and communication, and they may also be susceptible to depression.

According to statistics, psychologically traumatized children are more likely than others to behave aggressively. Moreover, frequent encounters in childhood with aggression from an adult can lead to a person constantly becoming a victim of someone else - circumstances or people. Childhood traumas influence the choice of ways to react in dangerous situations - the level of trust in oneself and the world around us as a whole decreases.

However, a number of researchers prove that every child has his own unique character. If for one person the traumas experienced in childhood serve as an incentive to be more resilient, flexible and psychologically stable, then for another, resentment towards parents will become the meaning of his whole life.

Responsibility for insulting a child

Starting to consider penalties for persons who have offended minors, we note that the law does not have a separate article for these cases. Offenses are classified under General Art. 5.61 Code of Administrative Offenses of the Russian Federation.

Administrative penalties:

Humiliation of honor and dignity without aggravating circumstances:

1. Fine for ordinary citizens - up to 3 thousand rubles;
2. Officials (for example, a school teacher) – up to 30 thousand rubles;
3. Legal entities – up to 100 thousand rubles.

The presence of aggravating circumstances, for example, public slander or publication of defamatory information in the media, is punishable by:

1. Imposing a fine on citizens from 3 to 50 thousand rubles;
2. Officials will have to pay from 30 to 50 thousand rubles;
3. Gross attacks by organizations will cost them a fine of 100 to 500 thousand rubles.

Thus, it is clearly seen that offending a minor is punishable by a fine. As judicial practice shows, the percentage of such cases in the total volume of proceedings is not very high. This is due to the fact that the courts are reluctant to consider claims under Art. 5.61 Code of Administrative Offenses of the Russian Federation.

Reassure the child - it is not his fault what happened

The way other people behave is not completely under our control.
Yes, with our behavior we can provoke both positive and negative reactions, but the outcome is never guaranteed. This is the complexity of social relationships. Helping to understand that the child is not to blame is very important. If this is not done or dismissed with the phrase “don’t listen to fools,” these abstract “fools” can win the emotional battle for calm. Their parents may also not plan to discuss such important issues as nationality and racism, thinking that this will be taught at school or “this would never even occur to my child.”

Talk to your child! There is a stereotype: the last thing teenagers are interested in is talking with their parents. But no!

Even if your Grisha or your Zura does not start conversations on problematic topics, find ways to discuss them yourself. Use current media agendas (but choose carefully), debates, books, movie characters, or TV series plots as a starting point. Ask your teen what he thinks about problems.

What to do if a minor is abused?

If you witness an adult or other children insulting a child, there is no need to shelve the matter. A complaint should be filed if verbal abuse has seriously damaged the mental state of a minor or affected his social status.

You can file a complaint at the nearest police station, prosecutor's office or directly to the court. Evidence is attached to the complaint. They may be of the following nature:

1. Testimony (classmates, parents, neighbors, other eyewitnesses);
2. Physical evidence (photo, audio, video);
3. Written evidence (notes, threatening letters);
4. Other materials (torn clothes, injuries).

In addition to the collected evidence, it will be necessary to convince the court that the minor suffered serious moral harm, lost his reputation in society and was under stress for a long time. If the case is won in the magistrate's court, the plaintiff may also recover moral compensation and legal costs from the offender.

Author of the article

Dmitry Leonov

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Rights and obligations of participants in the educational process

According to Article 34 of the Federal Law “On Education in the Russian Federation,” every student has the right to have others respect his dignity. The same applies to protection from various forms of physical and psychological violence, insults, health and life protection.

Another article of the same law talks about the responsibilities of a teacher. They include compliance with legal, moral, and ethical standards. He must fully comply with the requirements of professional ethics, respect students, namely their honor and dignity. Other participants in the educational process are no exception.

Attention! Shouting, raising a hand at children, insulting their dignity, publicly humiliating them, punishing them using inhumane methods - the teacher does not have the right to do all this. If a disciplinary violation occurs, then the teacher must be guided in making decisions by the school Charter. Such issues are resolved with parents and the administration of the educational institution.

Tell your child that it is his right to speak openly about pride in his nationality.

An attempt to separate “inner pride” from external manifestations of identity can lead to crises and psychological problems.
You shouldn’t be embarrassed to talk about what nationality you are. Let the student be proud that he belongs to a certain culture and at the same time speaks, writes and studies well in the language of another people. If your child has problems with language, help him learn it better. This is not a betrayal of the native culture, this is inclusion in the Russian (not Russian) cultural code.

“We, the multinational people of the Russian Federation, are united by a common destiny on our land, asserting human rights and freedoms, civil peace and harmony, preserving the historically established state unity, based on the generally recognized principles of equality and self-determination of peoples...»

Constitution of the Russian Federation

Teach your child to immediately respond to any attacks. The word “no” is a strict definition of boundaries. The student should know that when someone insults him, he must clearly say: “Stop it. I do not like it. I am proud that I..." As children, we were taught not to pay attention, reinforcing this advice with the thesis “and then they will leave behind.” No, they won’t lag behind, and yes, we need to protect personal boundaries.

Be an example

Start with yourself.
Discussing the importance of differences is necessary, but modeling that message is even more important. Assess your social circle or the beliefs you have about certain groups of people. Keep in mind that not being racist, but being, for example, sexist, is already a loss. You have chosen the path of respect, follow it in all manifestations of identity. Parents are the first teachers of their children. And teachers for life. As you take on the role of parent, you must realize that you are now a model of justice. If you first say that girls and boys are equal, and then refuse to teach your son to cook because “it's a girl's activity,” what true message are you sending? Hypocrisy.

Take a stand, do something while witnessing injustice. Challenge bigotry, racism, stereotypes. Neutrality in the face of insults and bigotry justifies both bigotry and insults.

What criteria are used to determine the composition of a crime?

As mentioned above, punishment for insulting minors is provided for by the Code of Administrative Offenses. Article 5.61 provides the main points. The object of violation of rights is considered to be the honor, dignity, psychological balance, and peace of mind of the child. The subject in this case is a person who is fully sane and over 16 years of age (in other situations, parents are responsible). The objective side is considered to be words and gestures carried out for the purpose of humiliation, and direct intent means full awareness of the actions and the desire for them.

Article 5.61 “Insult of children” includes several parts. The first is devoted to the description of punishment for insult without qualifying features. The second contains information about public offenses; an example is the unlawful actions of a teacher in the classroom. Insults in works shown publicly or in the media are punishable according to the third part of the article.