Legislation prescribes the rights of citizens and ways to implement them. Arbitrariness is a way of exercising one’s rights that is contrary to existing laws and regulations. At the same time, rights can be both real and presumed.
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Arbitrariness affects the foundations of legal norms and introduces chaos into the government order established by the state.
The problem lies in a false understanding of legal norms. Active unlawful actions of a citizen who interprets and implements the law based on his own subjective beliefs violate the rights of other citizens and organizations.
Such actions contradict the Constitution of the Russian Federation, in particular, Art. 17(3). The rights of the injured party are protected by both the Criminal Code and the Code of Administrative Offences.
The range of violations here can be wide: from an unauthorized barrier installed by a neighbor that prevents passage into the courtyard of a residential building, to illegal photography and searches at retail outlets of citizen buyers.
Examples include remodeling residential premises without permission from regulatory authorities and preventing a former spouse from living in an apartment.
Code of Administrative Offenses and Significant Harm
In the Code of Administrative Offenses, arbitrariness is characterized by Article 19 (1) as the unauthorized exercise of someone’s rights without significant harm to the victims.
There is also Article 330 of the Criminal Code, in which such actions, on the contrary, are associated with significant harm to the injured party and are no longer classified as an administrative offense, but as a criminal act.
Consequently, when determining guilt by a court of any instance, the main question is the concept of the significance of the harm.
When considering cases of unauthorized exercise of rights that violate the rights of citizens and legal entities, the judge takes into account all the circumstances of the case and clarifies the details. They play a decisive role in determining the degree of guilt and punishment under the article “Arbitrariness”.
Conflicts caused by arbitrariness are more common in everyday life, falling under the concept of an administrative offense, rather than being of a criminal nature. The lion's share of cases of arbitrariness fall under Article 19.1 of the Code of Administrative Offences, and are considered by magistrates.
Article 19.1 of the Code of Administrative Offenses of the Russian Federation. Arbitrariness (current version)
Commented article. 19.1 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for arbitrariness.
Article 19.1 of the Code of Administrative Offenses of the Russian Federation establishes administrative liability for arbitrariness, that is, unauthorized, contrary to the procedure established by federal law or other regulatory legal acts, the exercise of one’s actual or alleged right, which has not caused significant harm to citizens or legal entities, with the exception of cases provided for in Art. 14.9.1 “Violation of the procedure for implementing procedures included in the exhaustive lists of procedures in the areas of construction” of the Code of Administrative Offenses of the Russian Federation.
The object of the offense under Art. 19.1 of the Code of Administrative Offenses of the Russian Federation is an established management procedure.
The objective side of self-government is characterized by active actions.
Disposition Art. 19.1 of the Code of Administrative Offenses of the Russian Federation is of a blanket (referential) nature, therefore, when describing an offense committed by a person, the protocol must necessarily indicate the rule of law, contrary to which the person brought to administrative responsibility carried out the actions imputed to him (Resolution of the Samara Regional Court dated March 13, 2015 N 4a-171/2015).
Subjects of an administrative offense under Art. 19.1 of the Code of Administrative Offenses of the Russian Federation can be citizens and officials.
The subjective side of an administrative offense under Art. 19.1 of the Code of Administrative Offenses of the Russian Federation is characterized by direct intent.
Article 19.2 Deliberate damage or disruption of the seal (seal)
Commented article. 19.2 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for intentional damage or disruption of a seal.
Article 19.2 of the Code of Administrative Offenses of the Russian Federation establishes administrative liability for intentional damage or disruption of a seal (seal) imposed by an authorized official, except for the cases provided for:
a) part 2 art. 11.15 Code of Administrative Offenses of the Russian Federation “Damage to seals or locking devices of freight cars, cars and car trailers, containers, holds, cargo compartments and other cargo spaces of floating craft and aircraft, damage to individual cargo items or their packaging, packages, as well as fences on passenger platforms, causing damage to the premises of railway stations and terminals or damage to the fences of cargo yards (terminals) of railway stations, freight automobile stations, container points (sites), ports (piers, landing sites), locks and warehouses used to carry out cargo transportation operations";
b) art. 16.11 “Destruction, removal, change or replacement of identification means” of the Code of Administrative Offenses of the Russian Federation.
The object of the offense under Art. 19.2 of the Code of Administrative Offenses of the Russian Federation is an established management procedure.
The objective side of the offense under Art. 19.2 of the Code of Administrative Offenses of the Russian Federation consists of actions expressed in damage, violation of the integrity or breaking of a seal (seal) that was imposed by an authorized official.
Subjects of an administrative offense under Art. 19.2 of the Code of Administrative Offenses of the Russian Federation can be citizens and officials.
The subjective side of an administrative offense under Art. 19.2 of the Code of Administrative Offenses of the Russian Federation is characterized by intent, which directly follows from the disposition of this article.
Comment source:
Under general L.V. Chistyakova “ARTICLE-BY-ARTICLE COMMENTARY TO THE RF CODE ON ADMINISTRATIVE OFFENSES. PART TWO. CHAPTER 15-20. VOLUME 1"
CHISTYAKOVA L.V. AMELIN R.V. DOBROBABA M.B. CAPTAINETS Y.V. CAPTAIN M.E. MILSHINA I.V. Moshkina N.A. PLESCHEVA M.V. CHELPACHENKO O.A., 2021. Publishing house "RosBukh"
Legislation and responsibility
Responsibility begins at age 16. The maximum statute of limitations for administrative cases of an offense is 3 months.
In case of arbitrariness, you should contact the police. This is stated in Art. 28.3 Code of Administrative Offences. The employee draws up a protocol in which the administrative offense is recorded. It is accompanied by written explanations from both sides of the conflict.
Documents proving the rights of victims as a result of unauthorized actions or recording the fact of a violation are also attached to the protocol.
Art. 19 of the Code provides for the following amounts of penalties for arbitrariness:
- for citizens – from 100 to 300 rubles,
- for violators holding a position in the organization - from 300 to 500 rubles.
The court may also limit itself to a warning to a citizen who has violated the norms of the Code of Administrative Offences.
At the same time, criminal liability for arbitrariness that entails significant harm to the victim is much more serious. Fines under Art. 330 Criminal Code are assigned from 80 thousand rubles and above. In addition, punishment in the form of correctional labor or arrest for up to six months may be applied. If violent actions have taken place, then imprisonment may occur, the maximum term of which is 5 years.
Responsibility for arbitrariness under the Criminal Code of the Russian Federation - corpus delicti and punishment
What is arbitrariness - corpus delicti.
Arbitrariness implies the commission of unauthorized actions in relation to any citizen or company/organization, which were challenged by the injured party during the proceedings.
The main feature of this criminal act is self-will. A citizen who is aware of his actions himself violates the law or other legal acts, and he acts without the permission of the injured party.
Here are a few examples of unauthorized actions of citizens:
Disconnection of housing and communal services by the management organization. As a rule, companies violate the procedure for providing services.
Organization of fencing in the local area of a multi-storey residential building. Typically, owners living in apartment buildings independently fence the area to block the passage. This can be done, but only if the appropriate documentation has been received.
A visitor to a hospital or medical institution requiring medical staff to complete any documentation in violation of the procedure for obtaining it.
The offender is not idle. He can actively express himself. Without action, the crime will not be committed.
The attacker is sure that he has rights, although he does not have them.
The citizen’s act will cause harm to the victim - significant (Article 330 of the Criminal Code of the Russian Federation) and insignificant (Article 19.9 of the Code of Administrative Offenses of the Russian Federation). The crime will be dealt with either under criminal law or administrative law, depending on the type of damage caused.
The legality of the attacker’s actions is disputed by the injured citizen or company that was harmed. The question of contestation is important here. The injured party must prove the guilt of the offender. You can submit an application or complaint to the court or law enforcement agencies. The document should indicate what actions were caused to you and what consequences occurred as a result of them.
A crime in the form of arbitrariness will have several more features:
If a crime is considered under administrative law, then it will be considered committed with all of the above characteristics.
If - according to criminal law, then a significant argument and sign here is the infliction of significant harm.
The crime will be considered completed when the attacker has arbitrarily caused significant harm to the victim.
Article 330 of the Criminal Code of the Russian Federation for arbitrariness - public danger, qualification of a crime under the Criminal Code of the Russian Federation in different situations.
The issue being resolved under criminal law will concern Article 330 of the Criminal Code of the Russian Federation.
In accordance with this article, a criminal act may fall into the categories of crimes:
Light weight - according to part 1.
Moderate severity - according to part 2.
The difference is in the severity of the crime and the severity of the punishments that will await the attacker.
Arbitrariness can harm not only the citizen, but also companies and organizations that are responsible for the life and health of Russians. That is why a crime can be classified as socially dangerous.
For example, a specialist violated fire safety requirements (Article 219 of the Criminal Code of the Russian Federation). His actions caused serious harm to health or even death. There are plenty of examples.
Depending on how the arbitrariness was committed, the violator may be held accountable under other articles.
We will tell you under what additional articles charges may arise:
Articles 285, 286, 288 and 201 of the Criminal Code of the Russian Federation. In the event that the accused acts as an official or a citizen who uses his official powers or assumes any responsibilities in commercial or public organizations/companies.
Article 115 of the Criminal Code of the Russian Federation. When the attacker caused minor harm to health.
Article 112 of the Criminal Code of the Russian Federation. If the violator caused moderate harm to the health of a citizen.
Article 111 of the Criminal Code of the Russian Federation. In a case where the accused committed arbitrariness and caused grievous bodily harm.
Article 105 of the Criminal Code of the Russian Federation. If the act caused the death of the victim.
Article 109 of the Criminal Code of the Russian Federation. When the unauthorized action of the attacker negligently resulted in the death of the victim.
Articles 116 and 116.1 of the Criminal Code of the Russian Federation. If the victim was beaten.
Article 117 of the Criminal Code of the Russian Federation. When an attacker tortured a citizen.
Article 118 of the Criminal Code of the Russian Federation. If the accused threatened to kill or cause grievous bodily harm.
Article 126 of the Criminal Code of the Russian Federation. If the criminal not only acted without permission, but also kidnapped a citizen.
Article 127 of the Criminal Code of the Russian Federation. In a case where the victim was illegally deprived of liberty.
Article 160 of the Criminal Code of the Russian Federation. When the accused appropriated someone else's property and squandered it, that is, disposed of it.
Article 163 of the Criminal Code of the Russian Federation. If a citizen illegally demanded from another citizen the fulfillment of any conditions, according to which the rights to property or the property itself would be transferred to his disposal. This crime is called extortion. We wrote about what types of extortion there are and what the punishment is for committing them in Russia in 2021 in our article.
Article 167 of the Criminal Code of the Russian Federation. If the attacker intentionally destroyed or damaged someone else's property.
Article 168 of the Criminal Code of the Russian Federation. If someone else's property was destroyed or damaged due to negligence.
In any case, if the unauthorized action of a citizen constitutes an independent crime, then it will be considered under the relevant article of the Criminal Code of the Russian Federation.
Responsibility for arbitrariness in Russia - what punishment can a criminal face?
Let's consider what awaits an attacker for committing a crime in the form of arbitrariness.
Crime
Punishment
Article
Administrative responsibility
Arbitrariness, that is, the unauthorized exercise of one’s actual or perceived right, contrary to the procedure established by federal law or other regulatory legal acts, without causing significant harm to citizens or legal entities.
The exception is cases recorded in Article 14.9.1 of the Code of Administrative Offenses of the Russian Federation.
For an individual, the penalty is:
— A fine of 100 to 300 rubles.
For an official in the form:
— A fine of 300 to 500 rubles.
19.1 Code of Administrative Offenses of the Russian Federation.
Criminal liability
Arbitrariness, that is, unauthorized, contrary to the procedure established by law or other regulatory legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions caused significant harm.
Expect one of the following punishments:
— A fine of up to 80,000 rubles. or in the amount of wages or other income of the convicted person for a period of up to 6 months.
— Mandatory work for up to 480 hours.
— Correctional labor for up to 2 years.
— Arrest for up to six months.
Part 1, Article 330 of the Criminal Code of the Russian Federation.
If the act specified in Part 1 of Article 330 of the Criminal Code of the Russian Federation was committed with the use of violence or the threat of its use.
The attacker faces:
— Carrying out forced labor for a period of up to 5 years.
— Arrest for six months.
— Imprisonment for up to 5 years.
Part 2, Article 330 of the Criminal Code of the Russian Federation.
The Criminal and Administrative Code may be changed. The above responsibilities were given as an example in accordance with documents relevant at the beginning of 2021.
Vegetable garden in the local area (Resolution of the Kaliningrad Regional Court No. 4A-406/2017)
In the city of Krasnoznamensk, Kaliningrad region, they tried to bring a woman to justice under Art. 19.1 of the Code of Administrative Offenses of the Russian Federation for the fact that she unauthorizedly dug up and sowed a section of the local area. The magistrate sentenced the woman to a fine of 200 rubles.
The woman did not agree with the conclusions of the magistrate and filed a complaint, but the appeal court upheld the earlier decision without changes.
In this case, the courts proceeded from the provisions of Art. 247 of the Civil Code of the Russian Federation, according to which “possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.” According to the case materials, the resident did not obtain the consent of all owners to use the disputed land plot; a meeting of owners was not convened on this issue.
The Court of Cassation examined the case materials and found:
- In fact, the established procedure for using the local area between the residents of the apartment building was not legally established. There is no corresponding judicial act. The victim does not have a legally enforceable right to use his share of the adjacent land plot.
- In the situation under consideration, there is no such element of an administrative offense as a violation of the procedure for exercising an actual or alleged right established by a federal law or other regulatory legal act.
- The mere existence of an established procedure for the use of a land plot does not indicate the presence of such an element, since the law does not establish any special procedure for changing the established procedure for use.
- A mandatory general meeting of owners is not required to obtain consent to cultivate any part of the adjacent land plot, the procedure for use of which is not legally fixed.
Thus, actions to process the disputed land plot do not constitute an administrative offense in accordance with Art. 19.1 Code of Administrative Offenses of the Russian Federation.
The Court of Cassation upheld the resident's complaint, overturned the previous decisions and terminated the administrative proceedings.
How to recognize arbitrariness?
To do this, it is necessary to clarify the wording itself. Arbitrariness is the exercise of a supposed right that actually does not exist.
It is important to know the laws that a law enforcement officer must follow. For example, he does not have the right to demand that the driver leave the car if there are no compelling reasons for this (inspection or search of the car according to the orientation, etc.). A traffic police inspector cannot unreasonably force a driver to open the trunk or hood. The police officer is prohibited from confiscating the driver’s passport or other documents. He has no right to artificially delay procedural actions. The law enforcement officer cannot take the personal belongings of a motorist by blackmailing him or resorting to threats.
The basis of behavior of a traffic police officer should be politeness. If any of his words offend you or seem offensive, there is a 90% chance that the police officer is behaving incorrectly. And this is already a basis for filing a complaint against his actions.
A complete list of requirements is contained in paragraphs 34-57 of the Administrative Regulations of the State Traffic Safety Inspectorate (Order of the Ministry of Internal Affairs of Russia No. 664). It is recommended that you print them out on paper and take them with you. If in doubt, you can use this “cheat sheet” at any time.
