Hooliganism as an offense provided for by the criminal code and the code of administrative offenses. What is considered petty hooliganism? Article 20.1 of the Code of Administrative Offenses

Petty hooliganism(Article 20.1 of the Code of Administrative Offenses of the Russian Federation)

The legislator classifies as petty hooliganism a violation of public order that expresses clear disrespect for society, accompanied by obscene language in in public places, offensive harassment of citizens, as well as destruction or damage to other people's property.

Obvious disrespect for society is understood as an open, obvious to everyone around, disdain for generally accepted standards and rules of conduct.

Obscene language should be considered the uttering or otherwise reproducing words that crudely interpret the name of a sexual act or genitals. However, it should be taken into account that any reproduction of obscene words is not covered by Art. 20.1 Code of Administrative Offenses of the Russian Federation. The production or distribution in the media of products containing obscene language is qualified under Part 3 of Art. 13.21 Code of Administrative Offenses of the Russian Federation.

Uttering obscene words constitutes an offense if there is an intentional form of guilt. The determining criterion in establishing petty hooliganism is the hooligan motive. Motivated in another way, offensive harassment of citizens (intrusive actions that humiliate the honor and dignity of other persons and violate their peace) can be qualified as an insult (Article 5.61 of the Code of Administrative Offenses of the Russian Federation).

In behavior accompanied by damage or destruction of someone else's property, the presence of a hooligan motive should also be taken into account. IN otherwise the act is qualified as destruction or damage to someone else's property, provided for in Art. 7.17 Code of Administrative Offenses of the Russian Federation.

A qualified type of petty hooliganism is the commission of the same actions associated with disobedience to the legal demand of a government official or other person performing duties to protect public order or suppressing a violation of public order. Such behavior of the offender does not require additional qualification as disobedience to a lawful order of a police officer (Article 19.3 of the Code of Administrative Offenses of the Russian Federation).

The subjects of petty hooliganism are those who are sane individuals who have reached the age of 16 years.

Petty hooliganism is one of the crimes that have dual jurisdiction: internal affairs bodies and judges. Its suppression is of great importance for the prevention of more serious offenses, crimes, primarily against the individual.

Consumption (drinking) alcoholic products in prohibited places or consumption narcotic drugs or psychotropic substances in public places (Article 20.20 of the Code of Administrative Offenses of the Russian Federation)

Part 1 of this article - consumption (drinking) of alcoholic beverages in places prohibited by federal law - has a blanket form. To understand its contents, it is necessary to refer to the Federal Law of November 22, 1995 No. 171-FZ “On government regulation production and turnover ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products." Clause 7 of Article 2 of this law gives the concept of alcoholic products, and clause 3 of Article 16 provides an exhaustive list of places where consumption (drinking) is prohibited. alcoholic products.

According to Part 2 of Art. 20.20 of the Code of Administrative Offenses of the Russian Federation, administrative liability arises for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or the consumption of other intoxicating substances on the streets, stadiums, squares, parks, or in a vehicle common use, as well as in other public places.

Part 3 of this article, as a qualifying feature, contains an indication of similar actions committed by a foreign citizen or stateless person.

The consumption of alcoholic beverages, drugs and intoxicating substances involves the commission of active actions, the forms of which can be very different: ingestion, injections, taking tablets (mixtures), inhalation, etc. Moreover, the offense is considered completed not only at the moment when alcoholic beverages (part of them) have already been drunk and drugs have been consumed, but also from the moment of committing actions directly aimed at preparing for use.

To qualify the offense, it does not matter what type of alcohol, drug or intoxicating substance was used. A mandatory qualifying criterion is the place where the offense was committed.

The subject of the offenses in parts 1 and 2 is common, i.e. a physically sane person who has reached the age of 16 years. In Part 3, a special subject - foreign citizen or a stateless person. The subjective side is formed by the intentional actions of the perpetrator.

Appearing in public places while intoxicated (Article 20.21 of the Code of Administrative Offenses of the Russian Federation)

The object of unlawful encroachment in this composition

offenses are not only public order, but also the health and even the lives of people who appear in public places in a state of severe intoxication. In addition to the public places specifically named in the article - streets, stadiums, squares, parks, Vehicle common use, - public places There are also courtyards of houses, entrances, staircases, elevators of residential buildings, theaters, cinemas, open-air stages, zoos, beaches, etc. Territories that are not such in normal times can also become a public place, for example, a forest clearing during the rest period of citizens.

Being in a public place while intoxicated does not constitute a completed offense sufficient for qualification. Behavior is required ( appearance) a person who offends human dignity and public morality. This may be: loss of a sense of shame and basic skills of behavior in public places, complete or significant loss of the ability to navigate the environment, inability to move independently.

To hold the offender accountable, neither the substance that caused intoxication (alcoholic drink, drug, intoxicant) nor the place where it was consumed (at home, on the street or in a restaurant) matters.

The subjective side of the offense is characterized by direct intent. The subject of the offense is general.

Alcohol products - food products that are produced with or without the use of ethyl alcohol produced from food raw materials, and (or) alcohol-containing food products, with an ethyl alcohol content of more than 0.5% by volume finished products. Alcohol products are divided into such types as spirits (including vodka), wine, fruit wine, liqueur wine, sparkling wine (champagne), wine drinks, beer and drinks made from beer, cider, poiret, mead.
Retail sale of alcoholic beverages in children's, educational, medical organizations, at sports facilities, in the territories adjacent to them; in cultural organizations (except for the retail sale of alcoholic beverages when providing services Catering); at all types of public transport of urban and suburban traffic and stopping points, gas stations; at wholesale and retail markets, train stations, airports; in places where sources of increased danger are located, determined by government authorities of the constituent entities of the Russian Federation and in territories adjacent to such places; at military facilities and adjacent territories; in non-stationary retail facilities. Consumption (drinking) of alcoholic beverages is also not allowed in other public places, including in courtyards, in entrances, on stairs, landings, in elevators of residential buildings, on playgrounds, in recreational areas (within the boundaries of territories occupied by urban forests , squares, parks, city gardens, ponds, lakes, reservoirs, beaches, within the boundaries of other territories used and intended for recreation, tourism, activities physical culture and sports).

New edition of Art. 20.1 Code of Administrative Offenses of the Russian Federation

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, -

entails imposition administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for up to fifteen days.

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

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. Distribution 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 Russian Federation, the Constitution of the Russian Federation or bodies implementing 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, previously subjected 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. About all cases of initiation of cases regarding administrative offenses provided for in parts 3 - 5 of this article, the prosecutor's office of the Russian Federation is notified within twenty-four hours.

Commentary on Article 20.1 of the Code of Administrative Offenses of the Russian Federation

1. The object of the administrative offense provided for in the commented article is public relations, emerging in the process of ensuring order in public places.

2. The objective side of the first part of Article 20.1 is expressed in obvious disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to other people's property.

Petty hooliganism is characterized as a violation of public order. Under public order one should understand the system of relations between people that has developed in society, the rules of mutual behavior and community life, provided for by the law, traditions and morality of society. Hooliganism includes actions committed in public places against strangers or unfamiliar people. Actions based on personal hostility and committed against familiar persons are not considered petty hooliganism. Hooliganism, as provided for in Article 213 of the Criminal Code, should be distinguished from petty hooliganism as an administrative offense - a gross violation of public order, expressing clear disrespect for society, accompanied by the use of violence against citizens or the threat of its use, as well as the destruction or damage of other people's property.

3. The objective side of the second part of the commented article consists of the same actions 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

Representatives of government include any person endowed by law with the right to make decisions that are binding on organizationally non-subordinate entities. Qualification under Part 2 of Article 20.1 of the Code of Administrative Offenses is possible only if a government representative or other person performed this moment duties to protect public order or suppress violation of public order. Disobedience should be distinguished from resistance to government officials who maintain public order. Resistance is expressed in obvious and active opposition, in creating obstacles for government officials to perform their duties. Such actions are qualified under Article 318 of the Criminal Code of the Russian Federation.

4. The subjects of the offense are citizens.

5. From the subjective side, the offense is intentional.

6. Protocols on administrative offenses provided for in this article constitute officials internal affairs bodies.

7. Cases of administrative offenses are considered by officials of internal affairs bodies or judges if the internal affairs body transfers it to a judge for consideration.

Another comment on Art. 20.1 of the Code of the Russian Federation on Administrative Offenses

1. The object of the offense, liability for which is provided for in this article, is public order and public safety.

Public order means a system of established relations between members of society, which includes the rules of mutual behavior, communication and living, which are established by the norms of current legislation, are based on moral standards and arise under the influence of customs and traditions. Public safety presupposes a state in which public peace, personal integrity, and integrity of property are preserved, i.e. All public institutions function normally.

2. C objective side an offense is an unlawful act that demonstrably violates public order and public safety.

The list of actions by which petty hooliganism can be committed is not limited to those formulated in its disposition - obscene language and offensive harassment of citizens, which is emphasized by the words “or other actions.”

Petty hooliganism can be committed in any area of public life: at home, at work; in any place where people are (public place): in an apartment, on the street, in an institution, in an enterprise, in transport, etc.

Petty hooliganism will also occur if a person makes obscene or obscene inscriptions in the absence of people or demonstratively disturbs the peace of citizens with his actions at night.

3. The subject of petty hooliganism may be a person who has reached the age of sixteen at the time of committing the offense and is of sound mind (see and).

4. From the subjective side, petty hooliganism is usually characterized by direct intent. The person is aware of the illegality of his actions, foresees what will happen as a result of their commission, and desires this. It also happens that the offender does not want such a result, but deliberately allows it. In this case, petty hooliganism occurs, committed with indirect intent.

Being in public places, surrounded strangers, the offender may see in their behavior a reason for committing their actions or even provoke it. However, it should be noted that such a reason is disproportional to the actions committed by the offender.

In these cases, the motive is to satisfy the individualistic need for self-affirmation by belittling and ignoring the merits of other people.

5. Theory administrative law refers to mandatory features characterizing the offense, sign public danger(about the sign of public danger, see

Hello,

Article 20.1. Petty hooliganism RSS feed (ed. Federal Law dated 08.12.2003 N 161-FZ)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 other people's property, shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or an administrative fine arrest for up to fifteen days (as amended by Federal Law No. 116-FZ of June 22, 2007)2. The same actions involving disobedience to the lawful demand of a government representative or other person performing duties to protect public order or suppressing a violation of public order 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. .(as amended by Federal Law dated June 22, 2007 N 116-FZ)

the plot of the protocol... similar to the resolution to a greater extent.

Resolution

in a case of administrative offense

DD.MM.YYYY. Alatyr

Magistrate of court district No. 2 of Alatyr Chuvash Republic Nazarova N.M., having considered the case of committing an administrative offense under Part 1 of Article 20. 1 of the Code of the Russian Federation on Administrative Offenses, in relation to Akimov N.V., DD.MM.YYYY. birth, data confiscated from the Chuvash Republic, residing at the address: data confiscated, serving a sentence of correctional labor in LLC "Blagoustroistvo+", which was previously brought to administrative responsibility,

having checked the protocol on the administrative offense, the materials attached to it and having listened to the explanation of the person in respect of whom the proceedings on the administrative offense are being conducted,

installed:

DD.MM.YYYY. at... hour... minutes at the address: Chuvash Republic, city data seized at the entrance of the house, Akimov N.V., being in a state alcohol intoxication, showing clear disrespect for society, expressed himself with obscene language, thereby violating public order.

IN court hearing Akimov N.V. did not admit guilt, testified that DD.MM.YYYY. called my ex-wife, said that he would come to his son. I was drunk. He came to pick up his son, she didn’t let him in, he may have spoken obscenely at her.

Vina Akimova N.V. established by written materials of the case:

from a telephone message. Received by the Ministry of Internal Affairs of the Russian Federation "Alatyrsky" DD.MM.YYYY. at... hour... minutes follows. that A. Yu.A. reported that Akimov N.V.’s ex-husband had come and was knocking on her door;

from the statement of A.Yu.A. from DD.MM.YYYY. it follows that she asks to take action administrative nature to her ex-husband N.V. Akimov, who is DD.MM.YYYY. at... an hour... minutes he came to her house in a state of alcoholic intoxication, kicked her door, used obscene language at her;

from the explanation of Akimova Yu.A. from DD.MM.YYYY. follows. that at the address: data seized she lives with her young son. DD.MM.YYYY. at about... an hour... minutes her ex-husband Akimov N.V. came to them. in a state of alcoholic intoxication and began to scream in the entrance of the house, while kicking the door of the apartment, using obscene language at her. She was forced to call the police;

from the protocol on administrative offense No. withdrawn from DD.MM.YYYY. it follows that DD.MM.YYYY. at... hour... minutes at the address: Chuvash Republic, data was seized at the entrance of the house, Akimov N.V., while intoxicated, showing clear disrespect for society, used obscene language, thereby violating public order.

Protocol on an administrative offense against Akimov N.V. drawn up by an authorized official, its content and design complies with the requirements of Art. 28.2 Code of Administrative Offenses of the Russian Federation. The information necessary for the correct resolution of the case is reflected in the protocol; no contradictions are seen.

Under the stated circumstances, the magistrate considers N.V. Akimov’s guilt proven. in committing an administrative offense.

The magistrate qualifies the actions of Akimov N.V. under Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation, as petty hooliganism, i.e. violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places.

DD.MM.YYYY. and DD.MM.YYYY. Akimov N.V. was brought to administrative responsibility for violating public order (Articles 20.1 Part 1 and 20.21 of the Code of Administrative Offenses of the Russian Federation with the imposition of penalties in the form of fines, according to Akimov N.V. the fine was paid). The magistrate recognizes this circumstance as an aggravating one. administrative responsibility.

Taking into account the information about the identity of the offender Akimov N.V., his financial situation and the circumstances of the offense, he should be given an administrative penalty in the form of administrative arrest.

Based on the above, guided by Part 1 of Art. 20.1, art. Art. 23.1, 29.9 – 29.11 Code of the Russian Federation on Administrative Offenses

decided:

Akimov N.V. was found guilty of committing an administrative offense under Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation and subjected to administrative punishment in the form of administrative arrest for the period of the data seized days, calculating the arrest from... hours... minutes DD.MM.YYYY., then has been since his arrest.

The decision can be appealed to the Alatyrsky District Court of the Chuvash Republic within ten days from the date of delivery or receipt of a copy of the decision.

Justice of the peace: N. M. Nazarova

According to Art. 20.1 part 2 of the Code of Administrative Offenses of the Russian Federation

In case No. 12-209/12

Accepted Proletarsky District Court of Tver (Tver Region)

Judge Proletarsky district court Tver Belyaeva S.V., having considered the complaint of Kulikova S.V. on the Resolution of the Magistrate of Court District No. 1 of the Proletarsky District of Tver Vuimina O.V. dated 10/15/2012 in a case of an administrative offense under Art. 20.1 part 2 of the Code of Administrative Offenses of the Russian Federation, in relation to Kulikova S.V., DD.MM.YYYY year of birth, native<адрес>, not working, living at the address:<адрес>,
Installed:
By the decision of the magistrate of judicial district No. 1 of the Proletarsky district of Tver, Vuimina O.V. dated 10/15/2012 Kulikova S.V. brought to administrative responsibility under Art. 20.1 part 2 of the Code of Administrative Offenses of the Russian Federation, with the imposition of an administrative penalty in the form of administrative arrest for a period of 10 days.
According to the resolution, Kulikova S.V. DD.MM.YYYY at 08:50 while in a public place<адрес>in a state of alcoholic intoxication, expressed obscene language in the presence of citizens, in response to repeated legal demands of police officers to stop their illegal actions, Kulikova S.V. did not react and continued to disrupt public order.
The person brought to administrative responsibility, Kulikova S.V. filed a complaint against the said Resolution. In particular, she indicates that she was accused of committing an administrative offense. During the trial, her guilt was not established. She was not provided with the services of a lawyer. Believes that the principle of presumption of innocence was violated in this case. In connection with the above circumstances, I considered the decision of the magistrate to be cancelled.
The person brought to administrative responsibility, Kulikova S.V., who was duly notified of the time of consideration of the case, did not appear at the court hearing, which does not interfere with the consideration of the case.
The official who drew up the protocol on the administrative offense, E.K. Bryzgalov, who was duly notified of the time of consideration of the case, did not appear at the court hearing, which is not an obstacle to the consideration of the complaint.
Having examined the case materials, the court comes to the following conclusion.
In accordance with Art. 24.1 of the Code of Administrative Offenses of the Russian Federation, the objectives of proceedings in cases of administrative offenses are: comprehensive, complete, objective and timely clarification of the circumstances of each case, its resolution in accordance with the law, ensuring the execution of the ruling, as well as identifying the causes and conditions that contributed to the commission of offenses.
In accordance with the provisions of Art. 26.2 of the Code of Administrative Offenses of the Russian Federation, evidence in a case of an administrative offense is any factual data on the basis of which the judge establishes the presence or absence of an event of an administrative offense, the guilt of the person brought to administrative responsibility, and other circumstances that are important for the correct resolution of the case.
These data are established by the protocol on an administrative offense, other protocols provided for by this Code, explanations of the person against whom proceedings are being conducted for an administrative offense, testimony of the victim, witnesses, expert opinions, other documents, as well as testimony of special technical means, physical evidence.
In accordance with Art. 26.11 of the Code of Administrative Offenses of the Russian Federation, the judge conducting proceedings in a case of an administrative offense evaluates the evidence according to his inner conviction, based on a comprehensive, complete and objective study of all the circumstances of the case in their totality. No evidence can have predetermined validity.
Based on Part 1 of Art. 29.10 Code of Administrative Offenses of the Russian Federation A resolution in a case of an administrative offense must contain the circumstances established by the court, reasoned decision in the case.
Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for petty hooliganism, that is, 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 other people's property.
The same actions involving disobedience to the lawful demand of a government representative or other person performing duties to protect public order or suppress a violation of public order are qualified under Part 2 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation.
Specified requirements of the law when considering a case of an administrative offense by the magistrate court were not taken into account.
According to the protocol on the administrative offense, Kulikova S.V. charged with violating public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens.
By the decision of the magistrate, the reference to offensive harassment of citizens was actually excluded from the charges of the person brought to administrative responsibility. At the same time, having changed the charge brought, the magistrate did not motivate his conclusions.
The magistrate cited police reports as evidence of the guilt of the person held administratively liable. At the same time, as follows from the case materials, during the court hearing the magistrate examined only one report, while the case materials contain three reports from police officers. In particular, according to the reports of the platoon commander, full name Kulikov S.V. DD.MM.YYYY, while intoxicated, used gross obscene language in the presence of strangers and police officers. She did not respond to repeated demands to stop her hooligan actions and continued to swear in the presence of the police officers and at them (case file No. According to the report of the police officer, FULL NAME1, Kulikova loudly expressed herself with gross obscene language addressed to the police officers, in response to their repeated demands to stop her did not react to the illegal actions and continued to swear at them (case file No.). At the same time, in this procedural document the presence of strangers at the time of the commission of the unlawful act by S.V. Kulikova is not indicated. The above circumstances indicate that. not all the evidence presented to the magistrate was examined at the court hearing and assessed in the decision made.
In addition, as follows from the case materials, when drawing up a protocol on an administrative offense, Kulikova S.V. did not plead guilty to committing an administrative offense under Art. 20.1 part 2 of the Code of Administrative Offenses of the Russian Federation (case file no.). At the same time, the arguments of the person brought to administrative responsibility were not reflected in the decision. Moreover, as evidence of guilt Kulikova S.V. The magistrate pointed to her explanation. Meanwhile, as follows from the presented materials, Kulikova S.V. refused to give an explanation (case file no.).
Considering the above, the appealed court ruling is subject to cancellation, and the case is sent for a new consideration, since the statute of limitations for bringing to administrative responsibility established by Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, has not currently expired.
Guided by Art. 30.7 Code of Administrative Offenses of the Russian Federation, judge,

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.

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.

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

1. This article is set out as amended by Federal Law No. 161-FZ of December 8, 2003. Part 1 of the article contains a new concept of petty hooliganism. The main feature of this offense is a violation of public order, expressing clear disrespect for society. Without this sign there can be no talk of hooliganism, including petty hooliganism.

The commission of this offense indicates the low culture of the offender, his selfishness, disregard for the interests of society and other people, and disregard for the rules of decency and decency.

2. From the objective side, petty hooliganism is an action that violates public order and the peace of citizens. Such actions specified in the article are obscene language in public places, offensive harassment of citizens, destruction or damage to other people's property. In the previous version of the article there was no direct indication that petty hooliganism may be accompanied by the destruction or damage of other people's property. However, this was offset by the fact that the list of actions was not considered exhaustive.

The nature of these actions is obvious. Each of them can be considered as petty hooliganism if it violates public order and expresses clear disrespect for society. In other cases, the commission of these actions entails administrative liability when this is an independent offense, for example, it forms an offense under Art. 7.17 (destruction or damage to someone else’s property).

Hooliganism can disrupt public order in any sphere of life and activity of citizens: at work, at home, in cultural and educational institutions; anywhere people are - on the street, in the forest, etc.

Typically, petty hooliganism is committed in the immediate presence of people, because it is in such an environment that the offender is able to demonstrate his disrespect for society to a greater extent. However, for this offense to exist, the presence of a sign of publicity at the time of the commission of the offense is not necessary. For example, petty hooliganism will also occur in the case where a person wrote obscene inscriptions on a fence in the absence of people.

3. From the subjective side, petty hooliganism is characterized by intent, usually direct. But there may be cases where it was committed with indirect intent. An important element of the subjective side of petty hooliganism is the motive of satisfying individualistic needs, self-affirmation by ignoring the dignity of other people.

4. The subject of petty hooliganism can be a person who has reached the age of 16.

5. The maximum amount of punishment in the form of a fine in the current wording of Part 1 of this article is one thousand rubles. The punishment in the form of administrative arrest was established, as it was, for up to fifteen days.

6. B new edition The article has Part 2. It provides for liability for hooliganism associated with disobedience to the legal demand of the persons specified in the disposition of this part of the article.

A specific circle of people, disobedience legal requirements which entail administrative liability under Part 2 of this article, is given in Art. Art. 19.3 and 19.4 of the Code.

In the presence of hooliganism associated with these offenses, additional qualifications and under Art. 19.3 or art. 19.4 is not required.

7. Subject of responsibility and subjective side The offenses listed in Part 2 of the article are the same as under Part 1. Punishment is a fine of up to two thousand five hundred rubles. Punishment in the form of administrative arrest is the same as under Part 1 - for up to fifteen days.

8. Cases of petty hooliganism are considered by officials of the internal affairs bodies (police) (Article 23.3), and if the case is referred to a judge in connection with the possibility of applying administrative arrest - magistrates (Parts 2 and 3 of Article 23.1 ). Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).

9. Responsibility for a gross violation of public order, expressed in clear disrespect for society, committed with the use of weapons or objects used as weapons, motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group, entails criminal liability according to Part 1 of Art. 213 of the Criminal Code of the Russian Federation, and when the same act is committed by a group of persons by prior conspiracy or if it is associated with resistance to a representative of the authorities or another person performing duties to protect public order or suppressing a violation of public order - under Part 2 of this article of the Criminal Code of the Russian Federation.