Cases of insulting a person’s honor and dignity are recorded at home, in the office, in transport or on the street. The victim may try to forget about the unpleasant incident or punish the offender. Responsibility for unpleasant words spoken to another person is prescribed by law, so if you hear incorrect, abusive speech addressed to you, you can write a complaint.
If you contact law enforcement officials, the application is reviewed and then sent to the prosecutor. When initially applying to the court, the complaint will either be accepted and sent to the prosecutor at the place of residence, or rejected.
Fines
According to Article 5.61 of the Administrative Code of the Russian Federation, insult is an administrative offense. It means the humiliation of the honor and dignity of one person by another, expressed in an indecent (rude, obscene) form. Often, offensive words are accompanied by slander, but the latter cannot be considered a violation falling under the scope of the article.
Depending on the circumstances under which the humiliation of honor and dignity occurred, it can be considered public or private. This is one of the criteria for determining the degree of punishment:
- in case of public humiliation, when abusive speech addressed to another is heard in the presence of a group of people: at a meeting, workplace, distributed in social networks or the media, a fine of 5 - 50 thousand rubles is established;
- in case of personal humiliation, the maximum possible fine for individuals is 3 thousand rubles, and for officials or legal entities - 30 - 100 thousand rubles.
Insult in some cases may fall under articles of the Criminal Code.
If the honor and dignity of a police officer or other government representative is humiliated, the fine will range from 3 average monthly salaries to 40 thousand rubles, and it is possible to assign compulsory labor for up to 360 hours or correctional labor for up to 1 year (Article 319 of the Criminal Code of the Russian Federation). The norms of Art. 336 of the Criminal Code of the Russian Federation provides for separate sanctions for offenses against military personnel. Sanctions are valid only if the insult occurred while the victim was performing official duties.
In addition to violators, fines may be imposed on people or organizations that have not taken measures to prevent actions that discredit a person. They are website and media owners, editors, and administrators.
Is an insult not an insult?
One person will not even pay attention to open swearing, while another will take a stern remark addressed to him as an insult. If the offender in his statement reasonably points out the wrongness and mistakes of the opponent. That is, he makes a remark, expresses disagreement with a point of view, dissatisfaction with behavior, without using obscene expressions, then we can assume that he is just expressing his opinion.
Directly insulting a person will be the use of obscene, abusive, abusive words and expressions against an opponent. And the purpose of their use is to humiliate a person, mock him, and cause him mental pain and suffering.
For example, two options for a boss expressing dissatisfaction with the work performed by his subordinate: Option 1 . Vasily Ivanovich, your report is no good. I don’t know where you got the data from... Apparently, you got it from the Moon. Let's respect each other's work. I ask you to redo the report, but use real numbers! Option 2 . Vasily Ivanovich, I’m already tired of telling you that you are lazy and mediocrity! Your report is no good! I don't understand why I still employ such an idiot!
The first option, although expressed in a rather emotional form, can hardly be called an insult. More like a rude remark. But the second one, in which outright curses that humiliate an employee can be considered an insult.
What evidence is required
It is problematic to confirm unpleasant words spoken without witnesses, but it is possible. In the event of a public offense, it is not difficult to prove the fact of illegal actions, since there are witnesses.
To collect evidence it is recommended:
- Record the conversation on a voice recorder or video camera. If this was unsuccessful, and the desire to punish the aggressor has not faded away, you can start a dialogue with him again, making sure in advance that you have a recording device.
- Find a witness. It is desirable that each of the parties to the conflict have people who confirm or refute their actions. If necessary, witnesses are called by the judge.
- If offensive and incorrect words were addressed as a result of personal Internet correspondence, it is worth taking a screenshot and contacting a notary. He will legally certify the fact of actions discrediting honor and dignity and draw up a protocol.
- In case of public squabbles on social networks that discredit honor and dignity, it is also necessary to take a screenshot of the page and have the data notarized.
- Confirmation of an insult made public through the media will be a clipping from a magazine or newspaper, or a video recording of a television show.
Having collected the necessary evidence, you can file a complaint with the police, court or prosecutor's office.
What to do if a claim has been filed against you?
If you have been informed that a complaint has been filed against you for threatening and insulting, you must proceed from the circumstances of the case that led to the insult. The outcome depends on the degree of your guilt and the guilt of the applicant.
You will have the following options:
Collect evidence of the applicant’s guilt and file a counterclaim.- Repent and do not argue and pay the fine that will be charged to you.
- Reconcile with the applicant and close the case after reconciliation of the parties.
If a complaint of insult has been filed against you , the best option would be to reconcile with the other party, which will close the case and it will not be referred to the administrative commission or court.
This can be done in two ways:
- Explain to the applicant that you will take certain measures and prove his guilt, since both took part in the conflict. After this, offer to reconcile.
- Apologize for your behavior to the victim, offer small moral compensation and reconcile with him.
Please note that the official to whom the application was submitted will assist you in this process. By informing him of your intentions, you can reconcile through his mediation.
Any conflict is destructive in nature . Such relationships can be corrected through reconciliation, even if the parties have descended into one-sided or mutual insults.
You always need to understand that only the same can be produced from conflict and grievances. But if you think that retribution from the perpetrator is necessary for the offense inflicted on you, act with confidence.
Police
The following contact options are available:
- In the event of an emergency, a violation can be reported by telephone. For landline phones, the police number is 02, for mobile phones you should dial 102 or 112. It is also possible to contact the duty station of the Ministry of Internal Affairs of Russia directly.
- A written statement in case of insult is submitted to the police within 10 days after the fact of the incident. The district police officer accepts the document. The address and telephone number of the nearest department can be found on the official website of the Ministry of Internal Affairs of Russia by going to the section “Your local police department/district” at the link xn--b1aew.xn--p1ai/district. It is recommended to contact the department where the offender lives: this way the responsible police officer will be more interested in supervising the issue and monitoring the further actions of the offender. At the department, you can file a statement against the offender yourself or with the help of a law enforcement officer. Sample document:
- The document can be sent to the police department by mail.
- In electronic format using the official website of the Russian Ministry of Internal Affairs xn--b1aew.xn--p1ai/request_main.
- Using the mobile application “Ministry of Internal Affairs of Russia” xn--e1abfcmoefj1n.xn--b1aew.xn--p1ai/.
If insults were made during the commission of a criminal offense, for example, robbery or beating, then the statement to the district police officer must contain a note about the need for additional consideration of the document by the district prosecutor's office in order to initiate a case of an administrative violation in accordance with Art. 5.61 Code of Administrative Offenses of the Russian Federation.
When the case concerns an administrative violation, it goes to the prosecutor’s office, so to save time, you can immediately contact the prosecutor yourself.
Prosecutor's office
According to the Code of Administrative Offenses of the Russian Federation, art. 28.4, cases concerning Art. 5.61 are initiated by a prosecutor and considered by a magistrate (Article 23.1 of the Code of Administrative Offenses of the Russian Federation). The application is sent to the prosecutor's office at the place of the incident.
Compilation rules
Consideration of an appeal is possible only if it is drafted correctly, for which you should adhere to the following rules:
- In the upper right corner, indicate the full name of the organization, your own full name, place of residence, contact information and full name of the responsible person.
- In the middle of the document, write “Statement” and begin presenting the facts.
- Describe: where, at what time and under what circumstances the personal insult occurred, list the participants in the conflict and witnesses. If there was obscene language, it is not necessary to list the unpleasant words verbatim; it is enough to write “Full name used obscene language in a speech addressed to me.” The more detailed and competent the essence of the conflict is stated, the more quickly a decision is made.
- The text of the document is supported by evidence. It is advisable to indicate the name of the offender, his address of residence, and attach all materials related to the case: printouts of SMS messages with unpleasant content, screenshots of Internet pages, video and audio recordings of insults. Based on the evidence, the prosecutor will instruct the local police officer to interview the offender and witnesses.
- The last pleading part of the application states a request to apply administrative liability, lists the laws violated and the legal grounds for holding them accountable.
- At the end of the complaint there is a date and signature.
We offer you to download a sample appeal to the prosecutor for an offense involving humiliation of honor and dignity.
Methods of circulation
The following options are available for contacting the prosecutor:
- at a personal reception;
- in writing by sending an application by mail;
- via email;
- by fax;
- through the Internet reception on the official website of the Prosecutor's Office - ipriem.genproc.gov.ru/contacts/ipriem/.
To find out the address and contact information of the prosecutor's office of a district, city, district, just go to the website of the Prosecutor General's Office of the Russian Federation and select the desired federal district. In the information window that appears again, you need to follow the link to the website of the regional prosecutor’s office and select a district by clicking on the “Prosecutor’s offices of cities and districts” window.
Important! A complaint in writing or electronically should be addressed directly to the Federal District Attorney's Office. Direct appeals to the General Prosecutor's Office of the Russian Federation without consideration by the heads of lower-level structures are redirected to the appropriate district prosecutor's office within 7 days, which only delays the consideration of the case.
After receiving the document, the prosecutor can immediately initiate a case or find out additional circumstances, for which a period of 48 hours is allotted. If it is necessary to conduct an investigation, you will have to wait up to 2 months for a response.
After considering the case, the prosecutor sends the documents to the court, where a decision is made to impose a fine. If the prosecutor refuses to initiate an administrative case, you can file a claim yourself.
Moral injury
Since the administrative fine will be collected in favor of the state, and not in your favor, after a court decision is made, you can additionally punish the offender by filing a civil claim for compensation for moral damage, already in your favor.
To do this, you need to obtain a copy from the court with a note about entry into legal force in order for the court decision to enter into legal force. Then you can file a claim for moral damages, the amount is determined independently.
Source: Collection “PROTECTION OF DOCTORS’ RIGHTS: PRACTICUM ON TACTICS” - Union of the Medical Community “National Medical Chamber”.
Attention!
The information on the site does not constitute a medical diagnosis or a guide to action and
is intended for informational purposes only.
Court
In most cases, filing a claim for insult occurs in order to obtain compensation for moral damage caused. The claim should be filed in the district court at the place of residence of the violator of the norms of interpersonal communication.
Drawing up a claim is carried out by analogy with drawing up a complaint to the prosecutor's office, indicating the name of the government agency, full name of the defendant, a description of the situation and a link to regulations.
On our website you can download a sample statement of claim.
Based on the results of the inspection and trial, the court will make an appropriate decision.
Options for filing a claim:
- In person to the court office.
- By registered mail.
- In electronic format.
Addresses of courts are provided on the Internet portal “Justice” sudrf.ru. It is enough to activate the “Judges of the Peace” window, enter the name of the district and city so that information about the courts located in the area of residence appears. By selecting the one you need, you can see the exact address and work schedule of the institution. The site provides the opportunity to leave a message and ask for clarification.
You can file an electronic claim on the website of State Autonomous Administration Justice ej.sudrf.ru. To do this, you must first register in the unified identification and authentication system of the ESIA esia.gosuslugi.ru/registration.
