The rules of law that establish liability for hooliganism are designed to protect the personal integrity of every citizen and his human dignity from the unlawful behavior of other individuals. Let's consider what the ingredients of this offense are, what article for petty hooliganism threatens a person behaving immorally, how hooligan actions differ from other illegal acts.

According to Russian legislation, petty hooliganism refers to administrative offenses that impinge on public safety and public order. They are written out in Chapter 20 of the Code of Administrative Offenses of the Russian Federation. So, let's look at Art. 20.1 Code of Administrative Offenses of the Russian Federation with comments.

According to Part 1 of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation, petty hooliganism consists of violating public order (hereinafter referred to as OP):

• expressing obvious disrespect for society, disregard for norms, rules and traditions of behavior in public places;
• accompanied by swearing using obscene language, offensive harassment of passers-by (spectators, customers, etc.);
• involving damage or destruction of someone else's personal property, which does not result in significant material damage.

Such actions entail either a monetary penalty - an administrative fine in the amount of 500 to 1000 rubles, or administrative arrest for up to 15 days.

The same actions, accompanied by disobedience to the legal requirement of any person engaged in protecting the OP or suppressing its violation (policeman, vigilante, etc.), entail a penalty in the amount of 1 thousand to 2.5 thousand rubles. or administrative arrest for the same period, but on the basis of the 2nd part of the article “Petty hooliganism” of the Code of Administrative Offenses of the Russian Federation.

Important: the article “Petty hooliganism” of the Criminal Code of the Russian Federation does not exist, since criminal liability in Russia is provided only for hooliganism that is not petty.

Comments on the article

The objective side of the illegal actions of a petty hooligan:

• disrespectful attitude towards strangers or unfamiliar citizens, expressed in a public place;
• immoral behavior contrary to generally accepted moral standards;
• committing active harmful acts.

So, according to the official commentary, petty hooliganism consists of an attempt to humiliate and/or insult a stranger. In turn, offensive harassment is obsessive, daring actions that cause moral and slight physical harm to the victim.

The subjective side of petty hooliganism is the presence of direct intent in the offender’s actions. He foresees their harmful consequences and deliberately seeks to humiliate the dignity of the victim, encroaching on her personal integrity.

The law prescribes that administrative offenses subject to punishment under Article 20.1 part 1 (or part 2) of the Code of Administrative Offenses of the Russian Federation should be distinguished from other administrative and criminal offenses.

First of all, it is necessary to distinguish between petty hooliganism and criminal hooliganism prescribed in Article 213 of the Criminal Code of the Russian Federation. The corpus delicti is present in a gross intentional violation of the OP, expressing disrespect for society:

a) using weapons or objects used as weapons;

b) based on ideological, national, political, racial or religious enmity or hatred or hatred (hostility) towards a certain social group;

c) by public transport - air, rail, sea, etc.

If, out of hooligan motives, intentional damage or destruction of the victim’s personal property was committed, resulting in significant material damage, the actions of the offender are qualified under Part 2 of Art. 167 of the Criminal Code with a sanction of up to 5 years of forced labor or imprisonment.

Deliberate damage to property in public places, including transport, or desecration of buildings/structures, committed out of hooligan motives, is classified as vandalism (Article 214 of the Criminal Code) or under the combination of Articles 213 and 214 of the Criminal Code.

Arbitrage practice

When distinguishing between criminal hooliganism and an administrative offense entailing arrest or a fine under the Code of Administrative Offences, Article 20.1, Part 1 (Part 2), the authorities take into account the judicial practice summarized in Resolution No. 5 of the Plenum of the Supreme Court of the Russian Federation dated December 24, 1991 (as amended by Resolutions of the Plenum of the Supreme Council No. 11 of December 21, 1993, No. 10 of October 25, 1996).

This document:

• establishes the concept of “malicious hooliganism”;
• explains the procedure for qualifying resistance to a person guarding the OP and/or suppressing hooligan actions;
• regulates the distinction between hooliganism and other crimes/offenses directed against the individual;
• instructs the courts to consider the issue of recognizing the state of intoxication in which hooliganism was committed as an aggravating circumstance;
• orders judges not to allow persons who have committed similar crimes (insult, arbitrariness, beatings, causing minor bodily harm, etc.) or other administrative offenses (violation of traffic rules on roads and streets, appearing in a state of intoxication) to be held administratively liable under the Code of Administrative Offenses for petty hooliganism in public places, etc.).

Important: cases of administrative offenses provided for in the mentioned article of the Code of Administrative Offenses are considered by officials of the Ministry of Internal Affairs - from the heads of territorial divisions to local inspectors - specified in Art. 23.3 of the Admin Code. But these officials have the right to refer administrative cases of petty hooliganism to the magistrates' courts. And only in the competence of the latter to impose punishment on offenders in the form of administrative arrest - the police have the right only to fine.

In addition to the fact that signs of a crime, and not an administrative offense, can be identified by a magistrate’s court, the activities of the police are also monitored and controlled, which makes it possible to cancel the decision to bring to administrative responsibility for petty hooliganism with the further prosecution of the guilty person for another offense.

Punishment for petty hooliganism

It is not difficult to find out what constitutes petty hooliganism - the answer is contained in Article 20.1 of the Code of Administrative Offenses of the Russian Federation.

According to Part 1 of this article, a petty hooligan faces a fine of 500 to 1 thousand rubles or administrative arrest for up to 15 days.

According to the 2nd part of Art. 20.1 of the Code of Administrative Offenses, actions of an offender accompanied by disobedience to the legal requirement of any person protecting public order or suppressing its violation will entail a fine of 1 thousand to 2.5 thousand rubles. or the same arrest for up to 15 days.

Specific decisions on how much they give for petty hooliganism are made by magistrates in each case of an administrative offense.

Initially, administrative cases of petty hooliganism are considered:

heads of territorial divisions (directorates, departments, divisions) of the Ministry of Internal Affairs and their deputies;

heads of linear units of the Ministry of Internal Affairs in transport and their deputies, as well as heads of linear police stations;

heads of duty shifts of DCs of linear units of the Ministry of Internal Affairs in transport;

district and senior district police inspectors.

But in the case of petty hooliganism with aggravating circumstances or “pushing” for administrative arrest for other reasons, officials of the Ministry of Internal Affairs have the right to transfer the case to a magistrate. It is within the competence of the magistrate to establish a punishment for the offender in the form of arrest, while employees of the Ministry of Internal Affairs have the right only to issue a fine for petty hooliganism.

Corpus delicti

The elements of such a crime as petty hooliganism can be found below:

• The object of the offense is public violations that occur when maintaining order in public places.
• The objective side of the first part of Article 20.1 of the Code of Administrative Offenses is a clearly expressed disrespect for society, which is accompanied by profanity in public places and offensive harassment of citizens.
• The objective side of the second part of Article 20.1 of the Code of Administrative Offenses is the same actions as in the previous paragraph, only accompanied by disobedience to the demands of government officials or persons protecting law and order. Resistance is an active and obvious obstacle to law enforcement officers performing their duties.
• The subject of the crime is a citizen of the Russian Federation.
• The subjective side is an intentional offense.

The protocol on an administrative offense is concluded by a representative of the internal affairs bodies.
original text of Article 20 of the Code of Administrative Offenses in .doc format (Word)

Examples from life

Let us give two striking examples of petty hooliganism from the life of a large Russian city.

A resident of a low-rise building, citizen B., woke up in a state of hangover, after his wife’s request, he reluctantly took a plastic bag with garbage and went into the yard. Before reaching the trash cans, I saw the janitor, citizen of Tajikistan Sh., before his eyes he opened the bag and poured the garbage onto the sidewalk.

In response to the indignation, Sh. insulted him on ethnic grounds, then pushed him.

A 62-year-old pensioner of the Ministry of Internal Affairs, citizen V., who saw what was happening through the window of his apartment, sternly shouted at B., ordered him to stop the offense and stay in place, after which he called the local inspector on his mobile phone.

Since witness V. did not hear ethnic insults addressed to Sh., and the victim himself, while giving testimony, kept silent about them, the district police officer drew up a report on petty hooliganism, provided for in the 1st part of Art.

20.1 of the Administrative Code, and imposed a fine on citizen B. in the amount of 500 rubles.

If a police officer had documented hooligan actions motivated by national hatred (enmity), the offender would have to bear not administrative liability for petty hooliganism, but criminal liability for hooliganism - on the basis of paragraph “b” of the 1st part of Art. 213 of the Criminal Code of the Russian Federation.

Citizen O. asked her neighbor in the holiday village, pensioner F.

transport bags of potatoes from the dacha to the city. Halfway up the engine of the old Zhiguli F.

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started to stall. The driver turned onto a platform away from the roadway and unloaded the bags there, after which O.

I started calling my car-owning neighbors asking them to come and take me home. The driver of the Toyota Land Cruiser, citizen L.

maliciously turned into the same area, out of hooligan motives, drove an SUV into sacks and crushed potatoes, after which he tried to escape from the scene of the crime. Contrary to the hooligan’s plans, a Citroen passing by backed up and blocked the Kruzak’s path.

Citizen D., who got out of the Citroen, told the attacker that his actions were recorded by the video recorder and called the police.

Citizen L. immediately compensated citizen O.

the damage caused and began to persuade him to let him go, but D. and F., who supported him.

They refused to leave hooliganism unpunished. A patrol crew arrived at the scene and documented the offense, L.

I had to go to the nearest police department. There, after desperate assurances that he had realized everything and would not do it again, an administrative fine of 1,000 rubles was imposed on the citizen for petty hooliganism.

The head of the department recognized the destruction of someone else's property in the form of potatoes as insignificant material damage, so L. was not charged under Part.

2 tbsp. 167 of the Criminal Code.

He did not resist the person who was stopping the offense, so he got off with a fine in accordance with the 1st part of Art. 20.1 Code of Administrative Offences.

1. Petty hooliganism, that is, a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to someone else’s property, -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for a term of up to fifteen days.

2. The same actions associated with disobedience to the lawful demand of a representative of the authorities or another person performing duties to protect public order or suppressing a violation of public order -

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shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred rubles or administrative arrest for a term of up to fifteen days.

3. Dissemination in information and telecommunication networks, including the Internet, of information expressing in an indecent form that offends human dignity and public morality, obvious disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation or bodies exercising state power in the Russian Federation, with the exception of cases provided for in Article 20.3.1 of this Code, if these actions do not contain a criminal offense -

shall entail the imposition of an administrative fine in the amount of thirty thousand to one hundred thousand rubles.

4. Repeated commission of an administrative offense provided for in part 3 of this article -

shall entail the imposition of an administrative fine in the amount of one hundred thousand to two hundred thousand rubles or administrative arrest for a term of up to fifteen days.

5. Actions provided for in Part 3 of this article, committed by a person who has previously been subjected to administrative punishment for a similar administrative offense more than twice, -

shall entail the imposition of an administrative fine in the amount of two hundred thousand to three hundred thousand rubles or administrative arrest for a term of up to fifteen days.

Note. The prosecutor's office of the Russian Federation is notified within twenty-four hours of all cases of initiation of cases of administrative offenses provided for in parts 3 - 5 of this article.

Types and signs

The most common type of petty hooliganism is the case when a violation of public order is the appearance in public places in a drunken state , which is offensive to human dignity and public morality.

Since 2013, another type of petty hooliganism is smoking in public places.

Federal Law No. 15-FZ of February 23, 2013 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” prohibits smoking in certain areas , premises and public facilities.

The next type of petty hooliganism is persistent pestering of citizens .

This concept means repeated, annoying, intrusive appeal to citizens in order to force a conversation without the desire of these citizens.

Soliciting for the purpose of fortune telling, begging, providing intimate services, religious propaganda , buying and/or selling, exchanging or acquiring things also refers to petty hooliganism.

Such an administrative offense as damage to someone else’s property differs from a criminal violation not only in the amount of damage in monetary terms, but also in the nature of the damage to the property.

Damage to property leads to deterioration of its properties and qualities, including temporary disruption.

Destruction of property consists of its complete destruction through direct impact or means bringing property into a state where it completely loses its quality and useful properties.

considered petty hooliganism , such as:

• indecent movements;
• deliberate pollution of public places;
• depicting drawings and inscriptions of an offensive nature;
• breaking glass in public places;
• creating panic for no reason;
• dissemination of false reports about the death of citizens;
• appearing in public places in an indecent manner.

What happens if you sell alcohol to a minor? Find out the answer right now.

Commentary to Art. 20.1 Code of Administrative Offenses of the Russian Federation

1. The main object of this offense is public order - the rules of behavior of citizens in public places established by regulatory legal acts, generally accepted moral norms, customs and traditions. Additional objects of the offense may be a person, someone else’s property, or the established management procedure.

The concept of “public place” does not have legislative regulation and is determined based on the content of legal norms of various branches of law that establish a list of public places in relation to specific articles (see, for example: Part.

2, 3 tbsp. 20.20 Code of Administrative Offenses of the Russian Federation).

Public places, in addition to places of significant concentration of citizens (streets, public transport, airports, train stations, parks), include any places that are free for access by an indefinite circle of people, in which there are or may appear people (entrances, underground passages, staircases, territories gardening partnerships, etc.).

The subjects of the offense are sane citizens over 16 years of age. Taking into account the fact that the sanctions of the article provide for an alternative punishment in the form of administrative arrest, holding certain categories of violators accountable is carried out taking into account the provisions of Part 1 of Art. 2.5, part 2 art. 3.9 Code of Administrative Offenses of the Russian Federation.

The subjective side of the offense is guilt in the form of direct intent.

A feature of the objective side of petty hooliganism is the mandatory combination of two signs - the main one (violation of public order, expressing clear disrespect for society) and one of three optional ones - the said violation must be accompanied by either obscene language, or offensive harassment of citizens, or destruction or damage to other people's property.

The current design of the offense of petty hooliganism has undergone significant changes compared to Art. 158 of the Code of Administrative Offenses of the RSFSR, in force until July 1, 2002, which defined petty hooliganism as obscene language in public places, offensive harassment of citizens and other similar actions that violate public order and the tranquility of citizens.

A person’s obvious disrespect for society is expressed in a deliberate violation of generally accepted norms and rules of behavior, dictated by the desire of the perpetrator to oppose himself to others, to demonstrate a disdainful attitude towards them (see paragraph.

1 Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 15, 2007 N 45 “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives”). An example would be a demonstrative clarification of personal hostile relationships in a public place, etc.

Obscene language is an evaluative concept; the classification of expressions as profanity is determined based on the principle that their meaning is generally known.

Offensive pestering of citizens should be distinguished from annoying pestering, for example, for the purpose of dating, begging, fortune-telling. Such actions can be qualified under the legislation of the constituent entities of the Russian Federation on administrative offenses (see.

Art. 3.8 of the Law

Moscow dated November 21, 2007 N 45 “Moscow City Code on Administrative Offences”).

Destruction or damage to someone else's property can be expressed in the commission of hooligan motives, damaging clothes and personal belongings during a fight, breaking trees, structures, sales tents, etc. Moreover, such actions committed for hooligan motives should be distinguished from the deliberate destruction and damage of other people's property , which, depending on the amount of damage, is qualified under Art.

7.17 Code of Administrative Offenses of the Russian Federation or Art. 167 of the Criminal Code of the Russian Federation.

An example of an unlawful act qualified as petty hooliganism is a person performing his natural necessities in public places not designated for this purpose, accompanied by obscene language towards citizens who make comments to a violator of public order.

It should be especially noted that the presence in action of only the main sign of the objective side or one of the optional ones (a fight in a public place, as well as obscene language in a public place) does not constitute petty hooliganism.

A related element to petty hooliganism is criminal hooliganism, liability for which is provided for in Art. 213 of the Criminal Code of the Russian Federation - a gross violation of public order, expressing clear disrespect for society, committed with qualifying characteristics - with the use of weapons or objects used as weapons, or for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or hostility towards any social group (Part.

1); or the same actions committed by a group of persons by prior conspiracy or by an organized group, or associated with resistance to a government official or another person performing duties to protect public order or suppress a violation of public order (Part 2).

2. Part 2 of the commented article 20.1 of the Code of Administrative Offenses of the Russian Federation provides for liability for committing qualified petty hooliganism associated with disobedience to the legal demand of a government representative or other person performing duties to protect public order or suppressing a violation of public order.

In this case, disobedience must be in a direct causal connection with an attempt by government officials or other persons to stop hooliganism. For example, they cannot be qualified under Part.

2 actions of a person brought to the duty station of the internal affairs bodies for committing petty hooliganism, associated with refusal to comply with the lawful request of police officers for a personal search. Such actions constitute a set of offenses provided for in Part.

1 of this article and part 1 of Art.

19.3 Code of Administrative Offenses of the Russian Federation.

A representative of government should be understood as a person vested with administrative powers in relation to persons who are not officially dependent on him in accordance with the procedure established by law (Article 2.4 of the Code of Administrative Offenses of the Russian Federation, clause

3 Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 N 19 “On judicial practice in cases of abuse of official powers and abuse of official powers”).

In relation to this norm, other persons include persons who, by law or other regulatory legal acts, are vested with powers, including temporary ones, to perform duties to protect public order. It should be taken into account that the fact that these persons have the powers to protect public order and suppress offenses does not imply that they have jurisdictional powers to draw up protocols and consider cases of administrative offenses of this category.

In particular, the powers of officials of the internal troops of the Ministry of Internal Affairs of Russia, whose tasks include participation together with internal affairs bodies in the protection of public order (Part 1 of Art.

2 of the Federal Law of 02/06/1997 N 27-FZ “On the Internal Troops of the Ministry of Internal Affairs of Russia”), are limited only to the delivery of persons who have committed offenses under the commented article to the office premises of the internal affairs body or to the premises of the local government body of a rural settlement (clause 3 h.

1 tbsp. 27.2 Code of Administrative Offenses of the Russian Federation).

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3. Protocols on administrative offenses provided for in this article may be drawn up by officials of internal affairs bodies (part 1 of article 23.3, part 1 of article 28.3 of the Code of Administrative Offenses of the Russian Federation).

The powers of officials of specific services and divisions of internal affairs bodies to draw up reports on administrative offenses provided for in this article are regulated by Order of the Ministry of Internal Affairs of Russia dated 05.05.2012 N 403 “On the powers of officials of the system of the Ministry of Internal Affairs of Russia to draw up reports on administrative offenses and administrative detention.”

Taking into account that the sanctions of the commented article provide for alternative types of punishment - a fine or administrative arrest, and the appointment of administrative arrest falls within the exclusive competence of judges (Part 1 of Art.

3.9 of the Code of Administrative Offenses of the Russian Federation), the legislator also established an alternative jurisdiction for the consideration of cases of administrative offenses of this category - judges (Article 23.1 of the Code of Administrative Offenses of the Russian Federation) and internal affairs bodies (Part.

1 tbsp. 23.3 Code of Administrative Offenses of the Russian Federation).

Judges consider cases of administrative offenses provided for in the commented article in cases where the body or official to whom the case was received transfers it to a judge for consideration (Part 2 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation).

At the same time, in accordance with Part 3 of Art. 23.1 of the Code of Administrative Offenses of the Russian Federation, cases under this article are considered only by judges of district courts.

Failure to comply with this requirement entails the cancellation of the decision in the case of an administrative offense.

Thus, the decisions of the magistrate of judicial district No. 65 of Sosnovy Bor, Leningrad Region, the decision of the judge of the Sosnovy Bor City Court of the Leningrad Region and the decision of the deputy chairman of the Leningrad Regional Court, issued in the case of an administrative offense against A.A. Shishkin, were canceled.

according to Part 1 of Art.

20.1 of the Code of Administrative Offenses of the Russian Federation on the basis of violation of jurisdiction requirements, part 3 of Art.

23.1, art. 29.1, p.

5 hours 1 tbsp.

29.4 of the Code of Administrative Offenses of the Russian Federation, according to which cases of administrative offenses under Art. 20.1 of the Code of Administrative Offenses of the Russian Federation, are considered by judges of district courts (see.

more details: Resolution of the Supreme Court of the Russian Federation dated September 23, 2013 in case No. 33-AD13-5).

On behalf of the internal affairs bodies (police), cases of administrative offenses provided for in this Article 20.1 of the Code of Administrative Offenses of Russia may be considered by the heads of territorial internal affairs bodies, their deputies, heads of territorial departments (branches, points) of the police and their deputies; heads of line departments (directorates) of the transport police, their deputies; heads of duty shifts of duty units of linear transport police departments (directorates), heads of linear police departments (points); senior district and local police commissioners (p.p.

1 - 3, 9 hours 2 tbsp.

23.3 Code of Administrative Offenses of the Russian Federation).

The content of the article

1. What is considered petty hooliganism?
2. Administrative liability for petty hooliganism Fine for petty hooliganism

Punishment for hooliganism is provided for both in the Code of Administrative Offenses of the Russian Federation and in the Criminal Code of the Russian Federation. Next, we will tell you when this act is criminally punishable and when it is subject only to administrative sanctions.

Features of hooliganism under the Criminal Code

Until 2003, mandatory signs of hooliganism (Article 213 of the Criminal Code of the Russian Federation) were the use of violence against other people or damage to other people's property. From December 8, 2003 to this day, another version has been in effect, where these signs are not present (any bodily injury and damage to property are qualified by separate articles of the Criminal Code of the Russian Federation), but there are others:

Use of weapons

The perpetrator can use any type of weapon (firearm, traumatic, etc.), as well as objects as weapons. If there is no permit for a weapon, the actions of the guilty person may additionally be qualified as illegal acquisition, storage, carrying, etc. The objects that can be used can be knives (not related to bladed weapons), sticks, bats, stones, improvised tools - in a word, anything that can cause bodily harm.

According to the law, using a weapon means actions that clearly indicate the intention to use it specifically against people. Thus, simply being in the hands of some object (without demonstration, direction towards the victim), which theoretically can strike or damage someone else’s property, cannot be recognized as being used, which excludes liability under the Criminal Code of the Russian Federation, but entails administrative punishment for minor hooliganism.

Example No. 4 . Perikov A.V., being heavily intoxicated due to the loss of his job, was angry at the Government, the President and, in general, the authorities in general. He came to the district administration building, took several cobblestones from a nearby construction site and threw them all at the windows of the building, while using crude obscene language. Perikov saw perfectly well that there was a guard at one of the windows, but still threw a stone at him, and was subsequently prosecuted for hooliganism, since during a violation of public order he used objects as weapons (cobblestones).

In the above example, the security guard suffered minor bodily injuries, and the administration’s property suffered damage in the amount of 14,000 rubles, which was the basis for additional qualification under Art. 115 of the Criminal Code of the Russian Federation, 167 of the Criminal Code of the Russian Federation. Perikov was punished for three crimes at once.

Items that can be used by a hooligan and result in liability under criminal law can be absolutely anything. The Supreme Court of the Russian Federation gives in its explanations an example when a guilty person violates public order while simultaneously using an animal (dog) for the purpose of intimidation and creating danger for people. A man set his dog on passers-by in a crowded place. In such cases, this will also be considered the use of items qualified under Art. 213 of the Criminal Code of the Russian Federation.

National motive

when criminal acts are carried out due to racial hatred, rejection of religious beliefs, etc.

In cities that can be called multinational, manifestations of hatred towards representatives of a certain social group are not uncommon. Thus, in one of the regions of Russia, several young people, susceptible to radical nationalist views (intolerance towards Tatars), deliberately provoked fights with people from the Republic of Tatarstan, approaching them on the street and starting to push them in the back. Since there were several similar episodes, the investigation was able to prove the presence of a national motive in the actions of the perpetrators, who were subsequently convicted under Art. 213 of the Criminal Code of the Russian Federation.

The listed qualifying features can be either individually or all together at the same time.

What is considered petty hooliganism?

The Code of Administrative Offenses of the Russian Federation states that petty hooliganism is a violation of public order, which reflects disrespect for society and is accompanied by obscene language, pestering people in public places, destroying someone else's property or causing other damage.

Here are examples of petty hooliganism under the Code of Administrative Offenses of the Russian Federation:

• a drunk man at a public transport stop swears loudly, using obscene language;
• a passer-by pesters people passing by, tugs at their clothes or pushes them;
• a man approaches a girl in a public place and makes indecent proposals to her.

The Criminal Code of the Russian Federation also has an article devoted to similar actions of attackers. However, it is not about petty hooliganism, but about a gross violation of public order, in which a person uses weapons or is motivated by hatred towards a particular social, religious or racial group.

When the police or court determine whether the defendant’s actions contain signs of a gross violation of order, they take into account the time, place of the violation, the method, motive of the attacker, the intensity and duration of his actions, and other circumstances that indicate disrespect for society. It does not matter who the victim was - a specific person or an indefinite circle of people.

To differentiate an administrative offense from a criminal offense, officials determine whether a weapon was used and whether the item the offender was carrying can be considered a weapon. Sometimes they resort to the services of experts for this purpose.

Note!

The act will be qualified under the Criminal Code of the Russian Federation, even if the person used a toy gun or an unloaded weapon.

Hooliganism should be distinguished from crimes committed with hooligan motives. In the second case, we are talking about deliberate actions against the personality of a specific person or his property, but the attacker does not have any reason for them or it is insignificant.

In this case, the court must determine who was the instigator of the quarrel. If it is the accused himself, there will be no liability for a crime committed out of hooligan motives.

Insults and beatings within the family, as well as against other close persons, if they are caused by personal hostility, are not considered hooliganism.

Another similar crime is vandalism. The motives of the attacker may be the same, but vandalism not only disrupts public order, but also damages property by desecrating buildings and other structures.

How to write a statement about hooliganism in 2019?

Are you planning to draw up and file a criminal complaint yourself? Then do not forget that such a statement must indicate:

• Name of the territorial police department;
• Full name and title of the head of the department;
• Full name of the applicant (please note - according to Article 141 of the Code of Criminal Procedure of the Russian Federation, an anonymous statement to the police cannot serve as a reason for initiating a criminal case);
• The applicant's address and telephone number;
• Information about the crime/offense committed;
• The applicant’s demands (for example: “I ask you to conduct a check on the facts I have indicated, identify all the guilty persons involved in the case and initiate criminal cases against Ivanov I. I. born in 1990 and other guilty persons in accordance with the Criminal Code of the Russian Federation”);
• Date of contact with the police.

Note! The application must be signed either by the victim himself or his legal representative.

Typical mistakes when filing a police report:

• The application is not legible - for example, it is written in illegible handwriting or contains too many errors;
• Lack of name, contact details or signature of the applicant;
• Excessive or, conversely, too brief statement of the circumstances of the case;
• The presence of obscene expressions or threats in the text of the application;
• Appeal to the wrong address: for example, the applicant submits a statement of hooliganism not to the police, but to the prosecutor's office.

Administrative liability for petty hooliganism

Hooliganism can be punished as follows:

• fine from 500 to 1 thousand rubles;
• arrest up to 15 days.

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Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

If the actions were accompanied by resistance to government officials who tried to stop the violation, the amount of the fine may increase to 2.5 thousand rubles, but the arrest period remains the same - up to 15 days.

Fine for petty hooliganism

Administrative liability for petty hooliganism provides for upper and lower limits of sanctions. The minimum fine is 500 rubles, the maximum is 2.5 thousand.

rub. When assigning punishment, any indicator in this range can be chosen.

As a rule, the lower fine is assigned to those who have not previously been brought to justice and have admitted guilt. If a person has previously been detained for a violation of the Code of Administrative Offenses of the Russian Federation, there is a high probability that the maximum fine will be determined or a measure of liability will be applied in the form of detention.

Examples of crimes

In order to better understand the differences between petty and ordinary hooliganism, you can refer to the following examples from legal practice:

• A person deliberately throws objects out of a window that could cause harm to the health of passers-by, as well as their property. This action is regarded as petty hooliganism. At the same time, it will be quite difficult to punish the offender, since it is problematic to identify him.
• The citizen, while in a nightclub in a state of alcoholic intoxication, caused damage to the club’s property in the amount of 10,000 rubles, and subsequently resisted the club’s security guards, attempting to cause them bodily harm. These actions are regarded by law as full-fledged hooliganism and will be dealt with in accordance with the article of the Criminal Code. Of course, the responsibility will be more serious than in the first example. In addition, the accused will have to compensate for the damage caused.

Criminal liability for petty hooliganism

There is no article for petty hooliganism in the Criminal Code of the Russian Federation. Criminal punishment is provided only for gross violation of public order. Any of the following circumstances must be present:

• use of weapons;
• motive of hatred towards a certain political, social, national group;
• committing an offense in transport, including sea, railway, air.

According to the Criminal Code of the Russian Federation you can get:

• fine from 300 to 500 thousand rubles;
• compulsory work up to 480 hours;
• correctional labor for up to 2 years;
• imprisonment for up to 2 years.

Aggravating factors under Art. 213 of the Criminal Code of the Russian Federation refers to the participation in a crime of a group of persons or resistance to a representative of the authorities. In this case, violators face a fine of up to 1 million rubles, forced labor of up to 5 years, or imprisonment of up to 7 years.

If the attacker used explosives, the maximum term of imprisonment increases to 8 years.

Reader Questions

Can there be criminal liability for petty hooliganism?

Responsibility of this kind is possible only for a gross violation of public order, since there is no article for petty hooliganism in the Criminal Code of the Russian Federation. For example, there must be one of the aggravating factors:

• Availability of weapons;
• Hateful motive towards any social, political or national group;
• Committing an act of hooliganism in transport, including sea and air transport.

We are all human beings and residents of one country, and therefore must respect the dignity of everyone, without resorting to acts of petty hooliganism. Even though responsibility for it is not spelled out in the Criminal Code of the Russian Federation, you should understand for yourself that violating public order is not a solution to any problem.

Petty hooliganism: comment

Let's consider the offense of petty hooliganism. The object is public order. The attackers' actions are aimed specifically at him. Violated rules of behavior may be provided for by laws, moral norms, and customs. Also, the objects of encroachment can be people and their property.

Petty hooliganism is illegal behavior in public places. These are areas where many people gather (parks, train stations, streets, transport), as well as any places where people may appear (entrances, underground passages).

At the age of 16 you can be held accountable under the article for petty hooliganism. It is believed that the violator always has direct intent. The peculiarity of the violation is that, along with the main symptom (violation of order), there are additional ones (swearing, harassment, etc.).

What is meant by disrespect for society? These are situations in which a person demonstrates an unwillingness to behave in accordance with accepted norms and opposes himself to others.

Where to file a complaint about hooliganism in 2019?

In accordance with the current legislation of the Russian Federation, a statement about a crime or offense can be submitted to any territorial body of the Ministry of Internal Affairs of Russia - regardless of both the place of residence of the victim and the place where the crime was committed.

That is, if a Moscow resident becomes a victim of a crime while on vacation in Sochi, he has the right to file a complaint with the Moscow OVD (Internal Affairs Department).

How to find the nearest police station? The necessary information can be found on the official website of the Ministry of Internal Affairs in your region:

Departments of the Ministry of Internal Affairs of Russia in Moscow districts

Directorates and departments of the Ministry of Internal Affairs of Russia of the regions of St. Petersburg

Police departments of the Russian Ministry of Internal Affairs for the city of Krasnodar

Basic rules for registering statements of crimes and offenses in internal affairs bodies:

• Applications from citizens are accepted 24 hours a day;
• Waiting areas at the territorial police department must be equipped with tables and chairs - to make it possible to draw up a statement;
• At the request of the applicant, police officers are required to provide him with paper and pen;
• Each accepted application must be registered in a special accounting book.

Note! The decision to initiate a criminal case (or to refuse to initiate a criminal case) must be made within 3 calendar days from the date of registration of the statement of crime.

Summary

We looked at what article for petty hooliganism exists in the Code of Administrative Offenses of the Russian Federation. This is Art. 20.1. There is no provision in the Criminal Code of the Russian Federation for such a crime. Criminal sanctions are provided only for gross violation of public order, which is not petty hooliganism.

According to Art. 20.1 of the Code of Administrative Offenses of the Russian Federation can be punished for:

• obscene language, obscene language;
• harassment of passers-by;
• rude actions towards strangers, pushing, spitting;
• obscene proposals;
• unpleasant physical contact for people;
• damage to property that does not harm the life and health of citizens.

Administrative violations are not pampering and entertainment. And this is not something to be proud of, as many teenagers believe, adding “administration” to the list of personal achievements. Being a so-called street thug is no fun. Let's tell you why.

1. What is petty hooliganism?
2. Liability for an offense under Art. 20.1 Code of Administrative Offenses
3. How to prove an offense has been committed?
4. What punishment awaits a minor?
5. Reader Questions

Harassment

This is the second type of petty hooliganism, which forms its objective side. Offensive harassment can have both general and special characteristics. The latter are formulated, in fact, in the definition itself. In particular, there is harassment with insults. It is expressed in importunity, annoyingness, intrusiveness, if at the same time dignity and honor are humiliated, the will of a person is embarrassed.

It should be said that not all of these actions can be classified as petty hooliganism. In this case, as in the one discussed above, there must be a motive. If the violator aims to humiliate the dignity and honor of another person, then his act has a sign of hooliganism. In other situations it is absent. Of course, benevolent insistence can turn into insult if it is carried out systematically (repeatedly) against the will of another person. In this regard, in each specific case, all circumstances should be clarified, taking into account which the presence or absence of insults should subsequently be established.

What is petty hooliganism?

Petty hooliganism, according to the law of the Russian Federation, is an administrative offense that encroaches on the order and safety of society.

It is described in Chapter 20 of the Code of Administrative Offences. According to Art. 20.1 of the Code of Administrative Offenses of the Russian Federation, hooliganism is a rude act of a citizen that goes beyond the framework of the social system and threatens both a certain individual and society as a whole.

In total, in the Code of Administrative Offenses of the Russian Federation in Article 20.1 there are 5 parts that characterize it according to such criteria as:

• The presence of obscene language in a conversation in a public place, which expresses clear disrespect for society. This clause also includes humiliation of citizens, harm and destruction of their property;
• The above actions, but in relation to a person in power or a citizen performing labor activities to protect public order;
• Dissemination in the media, including on the Internet, of information expressed in indecent form. These are insults to a person and his dignity, morality, the state and its official symbols or bodies regulating state power in the Russian Federation;
• Repeated commission of an administrative offense described above;
• Actions provided for in Part 3 of this article, committed by a person who has previously been subjected to administrative punishment for a similar administrative offense more than 2 times.

One of the latest examples of such an offense was the “prank” of two pranksters in Moscow. The young people used a dummy grenade, showing it to passers-by on Novy Arbat, and then throwing it at their feet. The joke turned out to be unsuccessful, the police detained the guys, and instead of reprimanding them, they will be held accountable under Article 20.1 of the Administrative Code.

Hooliganism as a criminal offense

A criminal offense differs from an administrative violation by the nature of the actions committed and the degree of public danger.
Criminal liability for hooliganism occurs if: 1) it is committed with the use of weapons, as well as items that replace them;

2) it was committed for ideological, political, racial, national reasons;

3) it is based on religious hatred or hostility towards one or more social groups.

Weapons used as a result of hooliganism include firearms, gas, and cold steel. The Criminal Code of the Russian Federation explains that in the process of such offenses, violence associated with the restriction of human freedom can be used. It can be expressed in tying hands, beatings and causing other harm to a person’s health. All actions in such a crime must be carried out publicly, in the presence of witnesses, only in this case they can be classified as hooliganism. By committing a public offense, a person demonstrates his disrespect for society. However, in some cases, hooliganism is considered to be actions dangerous to society, committed in the absence of people. Articles of the Criminal Code of the Russian Federation explain these points. A socially dangerous act is recognized as a crime if:

• there is a violation of the established public order in a gross form;
• a clearly visible disrespect for society is manifested, expressed in ignoring the basic rules of decency and decency accepted in society.

Liability for an offense under Art. 20.1 Code of Administrative Offenses

To get acquainted with the 5 parts of the article on petty hooliganism in more detail, let’s consider examples of its possible manifestation in life and the responsibility that follows them.

Part 1 of the article talks about demonstrative disrespect for society.

For example, citizen A is walking down the street, where besides him there are also citizens, among whom are minors and women with children. Citizen A, not thinking about them at all, talks loudly on the phone using swear words in his vocabulary.

In response to this, citizen B politely asks him to speak more quietly, because she is on a walk with her child. To which citizen B, also using obscene language, asks her to shut up, thereby demonstrating his disrespect.

Such an offense entails the imposition of an administrative fine in the amount of 500 to 1000 rubles or administrative arrest for up to 15 days.

Part 2 of the article describes similar behavior, but this time in relation to a law enforcement officer or government representative.

For example, citizens A and B, walking through a shopping center, suddenly begin to make claims to each other. A quarrel begins.

Both citizens, using obscene language in their speech, loudly sort things out, to which the security officer of the shopping center asks them to behave in a more correct manner. In the heat of a quarrel, citizen B, using obscene language, demands that he not interfere in their conversation with citizen A.

The described actions entail the imposition of an administrative fine in the amount of 1000 to 2500 rubles or arrest for up to 15 days.

In Part 3, the dissemination through the media of information expressed in a negative form using obscene language in relation to a person, the state, etc., as described above, is regarded as petty hooliganism.

An example of this hooliganism is the act of citizen C, who on the Internet began to openly express his dissatisfaction with the Constitution of the Russian Federation and ridicule its president, humiliating his human dignity and insulting his personality through obscene language.

The article of the Criminal Code of the Russian Federation for an offense, theft, misdemeanor has a number of features that determine the punishment for a particular case. A special commission is reviewing the offense in a new way. What is it, what is criminally punishable, the qualification of the plot, what is provided for, we will consider below.

Key Features

First of all, you need to understand the very concept of what constitutes petty hooliganism? The legal dictionary defines petty hooliganism as an administrative-level offense that encroaches on the calm and peaceful order of life of citizens and is expressed in ignoring the rules of decency or decency. Thus, this act is not considered by the articles of the Criminal Code of the Russian Federation.

Minor hooliganism that can be encountered on a daily basis includes obscene language, annoying harassment of passers-by and other types of attacks on public order.

Other features of the crime are:

• As a rule, the criminal in his actions expresses clear disrespect for others and tries in every possible way to show this.
• In most cases, the offender is a person between 14 and 25 years old.
• Often a crime is a consequence of disobedience to certain requirements of the law.
• The reason for illegal actions is often the prior use of alcohol or drugs.
• If actions classified as petty hooliganism were provoked by a preliminary conflict or irritation on the part of the victim, then the fact of the crime will not be recorded.

Law enforcement agencies learn about cases of petty hooliganism from the persons against whom it was directed, or from witnesses to what is happening.

What is petty hooliganism?

If we consider the concept comprehensively, then we can confidently say that this type of crime is an example of a socially dangerous action that can spread to the population, causing them harm and discomfort. A small violation cannot threaten the life and health of citizens, but there are different cases.

Types can be like this:

• 1. Humiliation of citizens near you.
• 2. Being offensive and disrespectful towards people around you.
• 3. Damage to someone else's property, clothing or items while intoxicated.
• 4. Harassment of members of the opposite sex.
• 5. Indecent proposals to strangers, grabbing clothes and hands.
• 6. Obscene language.
• 7. Disrespect for people.

Crime, misdemeanor, theft, petty hooliganism, misdemeanor - under what article are they punished?

Comments to Article 213 of the Criminal Code of the Russian Federation contain all the necessary information with explanations regarding the commission of theft or a minor offense. The correctional authority has every right to use force against the offender.

Development of legislation in the field of hooliganism

Throughout the world, hooliganism is considered the “primary school” of criminal activity, especially violent and mercenary activities. Now the state recognizes that a person is of the highest value. Human priority gives rise to the need for friendly relations between people, compliance with the rules of caring behavior and the creation of conditions that will ensure a healthy nation. To achieve these goals, every citizen is obliged to comply with the rules of public behavior and safety established by the state. People must also follow rules that are aimed at preserving human health. When these conditions are not met, the balance in society is upset: accidents occur, people get sick, and material assets are destroyed. Therefore, hooliganism is characterized by a high degree of danger. The Criminal Code of the Russian Federation prescribes rules that provide for liability for attacks aimed at public order and safety. This group of crimes has its own characteristics. These actions involve a violation of established duties and rules of civil behavior.

1. Hooliganism is a crime against established public order.
2. It is a socially dangerous act.
3. Such actions are recognized as a multi-objective crime, the commission of which violates public order and security.
4. Hooliganism implies active actions leading to disruption of public order.

Such criminal behavior violates the conditions of rest and work of every person. And if it is accompanied by violent methods, then there is a threat not only to public order, but also to people’s lives. In addition, hooliganism is the first step towards serious crimes. Most experts believe that legislation in this area needs to be finalized and improved. For example, Article 213 of the Criminal Code of the Russian Federation should include liability for persons who contribute to the commission of hooliganism in the form of inaction. Today, police officers often mistake such violations for a crime against property or person. As a result of incorrect classification, unfair punishment for hooliganism is imposed. Therefore, crime problems require careful analysis. Criminal liability for this offense should be tightened, and the article devoted to it should be finalized in order to correctly qualify the final crimes. Then the punishment for hooliganism imposed in court will be fair.

Petty hooliganism Article 213 of the Criminal Code of the Russian Federation, what it threatens, punishment

Depending on the type of crime committed, the punishment for committing an offense in a public place varies. Who is considering? A criminal lawyer can help you in one case or another. There is no such thing as disobedience.

Punishment for petty hooliganism can be:

1. In case of committing disrespectful actions towards strangers, a fine of 500 to 1000 rubles is imposed. and restriction of freedom for up to fifteen days.

2. If the culprit of hooliganism or petty robbery communicated disrespectfully with government officials, the fine increases to 2,000 rubles.

The use of related measures is permissible. The letters may differ. Reporting juvenile delinquency may have information about freedom, as required by the lawyer.

Article for hooliganism of the Criminal Code of the Russian Federation

Serious types of hooliganism are regulated by Article 213. Accordingly, the responsibility that the criminal will bear will be of a criminal nature and will leave a certain stain on his fate. The article identifies three types of crimes:

• First type. These are the crimes described in the first part of the article. This includes gross violations of order, carried out using weapons / on any public transport / for reasons of hatred towards any social group.
• Second type. Here are the crimes from the second part of the article. Includes the same crimes as those listed above, but committed by a group of criminals by prior conspiracy or consisting of outright resistance to authority. It is important to note that a representative of the authorities must be present in the execution, otherwise the law will not work against him.
• Third type. Provides penalties for crimes from the third part of the article. May include separate features from crimes of the second and third types, but in addition, with the use of explosives or any kind of explosives.

The Criminal Code prescribes liability for certain types of hooliganism, including imprisonment for several years. Such a punishment is quite serious, therefore, in order to clearly determine that this is hooliganism, experts use the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 2007, number 45. It details the signs of hooliganism and its differences from other crimes.

Fine for petty hooliganism in Russia

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

A small violation is a whole list of actions that a particular person can commit. It is very important in this case to provide for Coap.

In order for the commission to consider a case of petty robbery and render its verdict, it is necessary to draw up a statement from the victims. A crime may be committed in person, in which case the hooligan must pay a fine of 500 rubles.

If there are more than two victims, the amount increases to 100 rubles. If you rang your neighbors' doorbell at night, this is also considered a violation of rights.

The difference between petty hooliganism and hooliganism

If we compare the usual concept of robbery, then we can say with confidence that a small crime does not contain any special destructive factors or dangerous moments for human life. There is no provision for arrest.

Freedom according to the law is not limited. But in the event of robbery causing harm and damage to property, as well as to the health and life of a person, a fine will be imposed.

Ukraine has its own criminal code, which can limit freedom depending on the crime or violation. Special requirements apply to offenses. The amount of monetary compensation varies. Gross hooliganism is punishable by correctional labor.

Hooliganism and crime against the person

The objective and subjective aspects of hooliganism and crimes against the person are practically no different. In judicial practice, it is quite difficult to distinguish between these two types of offenses. But there are a number of criteria that allow us to distinguish between hooligan and personal motives in committing a crime. To understand this, you will need an article of the Criminal Code - hooliganism (213). If you analyze the information presented in it, you can see that hooligan motives are almost always blurred.

1. In a crime against a person, the instigator plans and prepares for it. Each of his actions is thought out and logical. The actions of hooligans are not logical and consistent.
2. The bully has no personal grudge against the victim; As usual, he himself provokes victims into conflict. In a crime against a person, actions are characterized by deliberation and prudence. Here the offender has personal motives.
3. If you carefully look at the composition of hooliganism, you can understand that the offender, by his actions, causes more harm to public order than to a specific person. He has no goal of achieving any result. In crimes against the person there is always a specific goal. If an act is committed using a weapon, then it is prepared in advance and used specifically for its intended purpose.

Video: How to classify a violation?

In order to better understand the elements of a crime and be able to distinguish petty hooliganism from crimes of other types, it is necessary to have as many examples as possible. Legal expert Alexey Susloparov will tell you how to understand that you are dealing with petty hooliganism and what responsibility the criminal will face for this in the following video:

Let us repeat that petty hooliganism, as a rule, does not cause significant damage to others and their mental state, however, one way or another, it violates public order.

Internal manifestation of a criminal act and its subject

In petty hooliganism, the object is order in society. What does it mean? The objective side is considered to be the commission by a person of an unlawful act that violates the peace of citizens and public order. For example, obscene language in a public place. Petty hooliganism can disrupt order in society in any area of ​​life. Hooliganism of the Criminal Code of the Russian Federation defines as an object the order in society violated by the guilty person. The objective side is expressed in gross disregard for the rules of behavior among people, which consists of demonstrative disrespectful behavior towards others. It can be accomplished by using weapons or things that replace them.

In the 18th century in Great Britain there lived a lord named Hooligan. His life was boring and monotonous. To bring fun and mischief into his everyday life, the lord periodically violated public order by committing hooligan acts. These were socially dangerous acts that caused certain harm to people. But in those days they were not yet called hooligans.

Punishment for troublemakers is imposed by a court order and can be as follows:

• fine from 500 to 1000 rubles ;
• administrative arrest for up to 15 days .

It is expressed in various forms: brawls, rioting, causing scandals or fights, disrupting cultural events, disturbing public peace and normal recreation of citizens, humiliating the honor and dignity of citizens, insulting them, causing them beatings, bodily harm, destruction or damage property, etc.

At the same time, a “threat” in the sense of Part 1 of Art. 213 of the Criminal Code of the Russian Federation is not just a statement about the intention, for example, to “teach a lesson,” but the commission of specific actions aimed at realizing such an intention. When preparing the new Criminal Code, an opinion was expressed that it was inappropriate to include in it a special crime - “hooliganism”. The main arguments of supporters of this position were the lack of a reliable tool for “recognizing” motives and goals when committing hooligan acts, and therefore judicial practice makes many mistakes.