Fine for violating public order, types of violations and liability

Each person, existing in a social society, is obliged in his behavior to take into account the interests of the people around him.

Society has established rules of behavior, mutual respect and responsibility for breaking order.

Someone wants to sleep after a hard day at home, someone wants to get home by bus in complete peace and quiet. He has the right to this, and his right is guaranteed by regulations.

Violating public order in the country is not only an administrative offense, but also a criminal offense.

The material in this article will tell you what awaits troublemakers and hooligans, and what rules apply in a safe society.

Public order concept

Public order is a system of norms of relationships, adherence to principles and values ​​for the peaceful, comfortable coexistence of people.
The rules of behavior for all representatives of society are the same. They became established over time during the development of statehood, religion, and civic consciousness. Main norms:

1. Unacceptability of obscene language and aggression towards other people.
2. Maintaining silence at night.
3. Causing psychological and material harm to members of society, infringement of their rights and freedoms.

An immoral attitude towards other people is a violation of law and order. If an individual or a group of people ignore generally accepted standards due to gaps in education, personality degradation, then they violate social order to one degree or another.

Order is a vague concept for a multipolar society in which people of different religious denominations and nationalities live. Each social group has its own personal traditions and standards determined by moral standards. For example, it is normal for Muslims to slaughter cattle in public view. For Orthodox Christians this is unacceptable and is comparable to vandalism.

When classifying violations, the degree of danger of illegal actions for civil society is taken into account. Definitions of violations are prescribed in legislative acts. Minor offenses are classified in Chap. 20 Code of Administrative Offenses of the Russian Federation, serious acts - in Ch. 9 of the Criminal Code of the Russian Federation.

Practical nuances

Holding citizens accountable for violating public order is possible only if the act is committed in a public place. However, the legislator does not provide a direct definition. In practice, a public place means any territory to which the majority of citizens have free access.

Domestic quarrels cannot be considered a violation of public order. They are usually carried out on private territories. Moreover, such conflicts are rarely committed intentionally.

A special article also regulates relations between neighbors in an apartment building. On the one hand, noise at night is also a violation of public order, but the legislator has provided a separate sanction (Article 6.3 of the Code of Administrative Offenses of the Russian Federation) related to sanitary standards.

Violation of public order can be either a criminal offense or an administrative offense, it all depends on the severity of the consequences that arose as a result of the violation. The actions are called hooliganism and must be expressed in offensive behavior towards citizens, society or the state. Most often it involves obscene insults, inappropriate behavior or damage to property, both public and personal.

What constitutes a public nuisance?

Violation is an administrative illegal outrage that contradicts generally accepted norms of behavior.
A person or group of people commits acts of violence, causing harm to other members of society. Any acts in public places that offend the feelings of others should be regarded as indecent human behavior. Committed:

• unintentional, if a person offended another by accident without malicious intent;
• intentional - dangerous phenomena in society, entailing not only insult to the feelings of individuals, but also serious consequences.

Failure to comply with norms of behavior is exerting a negative indirect influence on one or several individuals in society. For example, if a crowd of people unwittingly become observers of obscene events taking place.

The violation is classified as disrespect and offensive acts towards other citizens. It should be distinguished from other related conflicts that can be imputed to the accused in order to attract punishment.

Administrative violation of order

A clear display of disrespect for society.
Belongs to the category of petty hooliganism. It is not rude if it does not pose a danger to society, without causing serious harm. Types of minor illegal acts:

• noise, obscene language, use of profanity at prohibited times;
• drinking alcohol, smoking in public places;
• rowdy;
• pestering people, but in an offensive context (beggars, fortune tellers on the street are exceptions);
• intentional damage, damage to someone else's property.

Hooliganism is a common phenomenon. It is not considered rude unless it leads to aggression towards other people.

In general, actions can be divided into:

1. Legal. Unacceptable behavior described in laws that threatens the life and health of people, public safety.
2. Illegal, not covered by law (obscene language). No administrative measure is provided. The attackers get off with reprimands from others.

Responsibility for violations in public places according to the Code of Administrative Offenses of the Russian Federation

Let's consider the most common violations under the Code of Administrative Offenses of the Russian Federation and judicial practice.

Petty hooliganism

The most common type of petty hooliganism is provided for in paragraph 1 of Art. 20.1 Code of Administrative Offenses of the Russian Federation. Punishment - a fine from 500 to 1,000 rubles. or arrest for 15 days.

Petty hooliganism is a manifestation of disrespect for society, disturbing the peace of citizens: obscene language in a public place, offensive harassment of people, causing damage to other people's property. Hooligan actions are based on a deliberate desire to oppose oneself to others, to neglect society (clause 1 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of November 15, 2007 No. 45). But obscene language in itself is not hooliganism.

For example, the Stavropol Regional Court found that swearing during a conflict that occurred in the courtyard of a private residential building does not qualify as a violation: the courtyard is not considered a public place (Decision of December 16, 2015 in case No. 7-1343/2015).

Organization of mass stay of citizens

The violation is relevant, as provided for in Art. 20.2.2 of the Code of Administrative Offenses of the Russian Federation and has the following main features:

• mass simultaneous presence or movement of citizens in public places is organized or citizens are called upon to participate in such an event;
• the event is not public within the meaning of Law No. 54-FZ dated June 19, 2004 “On meetings, rallies, demonstrations, processions and pickets”;
• a gathering of citizens violates order, sanitary standards, and the safety of life support or communications facilities; green spaces are damaged; obstructing the movement of vehicles or pedestrians.

Minimum punishment (clause 1 of article 20.2.2 of the Code of Administrative Offenses of the Russian Federation):

The key point of the violation is the creation of obstacles to movement and access to infrastructure facilities.

The Constitutional Court explains that a mass event entails administrative liability only if it is accompanied by negative consequences for others and public order (Determination No. 1721-O dated October 24, 2013).

Explanations are taken into account by judges in judicial practice:

Criminal disorderly conduct

Large-scale hooliganism (disregard for society), incomparable to minor administrative offenses.
Personal hostility towards others manifests itself in an aggressive form and begins to create a potential danger for people’s way of life and everyday life. Acts that are regarded as criminal offenses:

• use of weapons (bits, fittings, hammers, piercing objects);
• physical and moral impact on the victim;
• inciting hostility and hatred based on ideological, national, social, political, and racial motives.

A violation is regarded as hooliganism if it is committed due to disrespect for society in any place: deserted or with crowds of people.

If intent is not established, there will be no element of hooliganism.

SexQuestion to an expert: Is it legal to have sex in public places?

Alexandra Savina

answers to most of the questions that concern us online. In a new series of materials, we ask exactly these questions: burning, unexpected or common ones - to professionals in a variety of fields.

Sex in public places is gradually no longer considered something “immoral” and “dangerous”: for many, it is simply one of the ways to diversify the usual situation, especially in the warm season. We have already talked about what you should remember to make the process safe for all participants and so that you don’t get caught. Now we decided to pay attention to the legal side of the issue: such situations can be interpreted from the point of view of the law in different ways, so we asked experts about all the nuances.

Ivan Slivkin

advocate

Russian law does not contain the concept of “sex in a public place,” but this does not mean that such actions are not punishable. It matters who witnessed it and where exactly everything happened. As a rule, lovers of publicity caught in parks, on the streets, in entrances, institutions, and so on, are prosecuted under Article 20.1 of the Code of Administrative Offenses of the Russian Federation for petty hooliganism, that is, “violation of public order, expressing clear disrespect for society.” The fine for such a violation is up to 2,500 rubles, but arrest for up to fifteen days is also possible.

However, if a public place is the territory of a kindergarten or school, or children become witnesses (which can happen in the same parks and on the streets), then you can become involved in a criminal case for “committing indecent acts” under Article 135 of the Criminal Code of the Russian Federation.

If sexual intercourse is a way to express protest, religious or ideological views, it is possible to be held accountable under Article 148 of the Criminal Code of the Russian Federation “Violation of the right to freedom of conscience and religion” for “public actions expressing clear disrespect for society and committed with the aim of insulting religious feelings of believers,” or under Article 213 of the Criminal Code of the Russian Federation for “gross violation of public order, expressing clear disrespect for society.” This practice is rare, but it does exist.

The main principle in assessing such actions is whether someone's rights were violated because they witnessed the actions. If you have not attracted the attention of strangers, then the law is on your side.

Anastasia Ragulina

Director of the legal group "Yakovlev and Partners", Candidate of Legal Sciences, Associate Professor of Moscow State Law Academy named after. O. E. Kutafina

The situation is quite complicated. The law does not allow sex in public places, but it does not prohibit it either. Having sex in public places in itself is not punishable in any way. At first glance, one might assume that this is hooliganism, that is, “a gross violation of public order, expressing clear disrespect for society.” But neither Article 213 of the Criminal Code of the Russian Federation “Hooliganism”, nor the article on petty hooliganism of the Code of Administrative Offenses says anything about this.

Article 213 of the Criminal Code of the Russian Federation refers to “a gross violation of public order, expressing clear disrespect for society.” It contains several points, but none of them are suitable here - we are talking, for example, about actions based on “national or religious hatred or enmity,” actions involving the use of weapons, actions in public transport, and so on. None of these signs are suitable to qualify sex in public places under Article 213 of the Criminal Code of the Russian Federation.

You can look at Article 20.1 of the Code of Administrative Offenses of the Russian Federation “Petty hooliganism”. It refers to a breach of public order that “expresses clear disrespect for society.” Further in the article there are signs of hooliganism: such actions must be accompanied by “obscene language in public places,” “insulting harassment of citizens,” or “destruction or damage to someone else’s property.” This again does not fit the situation we are talking about. There is a second part of the article, it talks about “disobedience to the legal demand of a representative of the authorities,” but this also has nothing to do with such a situation. The policeman has the right to stop your actions only from the point of view of moral standards, but if you start resisting him, you will get part 2 of article 20.1 of the Code of Administrative Offenses of the Russian Federation.

All that remains is Article 135 of the Criminal Code of the Russian Federation “Depraved acts”, but there are nuances here too. To qualify actions under this article, it is necessary that, firstly, people who have sex understand that they are doing it in front of those who have not reached the age of sixteen. Secondly, it is necessary that those who engage in sex are themselves over the age of eighteen and that their actions are aimed at “corrupting minors.”

Article 135 of the Criminal Code of the Russian Federation speaks very generally about what is meant by “depraved acts.” If we look at judicial practice, we will see examples: viewing pornographic magazines, touching private parts, and, among other things, sex in front of a minor. If those who have sex in public places specifically acted so that minors would see it, so that after that they would want to do the same, then in this case we can talk about Article 135 of the Criminal Code of the Russian Federation. But all this is very subjective. If these conditions are not met, neither criminal nor administrative liability will arise.

PHOTOS: rnl - stock.adobe.com, alessandro0770 - stock.adobe.com

Administrative responsibility

To solve the problem, law enforcement officers use punitive or educational measures.
In order to prevent hooliganism, campaigning and preventive conversations are carried out. The punishment system involves not only introducing measures in the form of fines or imprisonment, but also issuing warnings for such behavior. Petty hooliganism is common.

Punishment options:

• arrest up to 15 days;
• fine – 500 rubles;
• administrative arrest in case of a recorded fact of disobedience to police officers.

According to the Criminal Code of the Russian Federation, when forming a punishment option after committing a hooligan-type crime, the fine starts from 500 rubles. Reaches up to 1 million rubles.

Arrest is used when beating a citizen or causing harm to health with aggravating consequences.

The size of the fine depends on the crime, the motives of the people, the degree of damage and harm caused. Criminal sanctions are available depending on the case. Corrective labor may be imposed for a sentence of up to 2 years.

Let's sum it up

• Rules of conduct in public places are determined by federal and regional regulations.
• The most common violations of public order are petty hooliganism, organizing large gatherings of citizens, smoking and drinking alcoholic beverages.
• During the spread of coronavirus, violations of sanitary and epidemiological rules, in particular refusal to wear a mask and failure to comply with quarantine, have become particularly important.
• Responsibility for offenses in public places is introduced by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation.