Punishment for hooliganism under Article 213 of the Criminal Code of the Russian Federation and for petty hooliganism under the Code of Administrative Offenses

Administrative hooliganism

More precisely, in accordance with the Code of Administrative Offenses of the Russian Federation, such hooliganism is called petty hooliganism - indeed, compared to a criminal act, an administrative offense is quite insignificant both in content and in punishment. Article 20.1 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of public order, which can be expressed as follows:

• obscene language in a public place . Basically, people who have been drinking heavily, use rude words, name-calling, comparisons, etc. in a loud conversation are punished for this. Those who calmly talk to each other (even if using a “click phrase”) are not held accountable, since they have not violated public order;
• offensive harassment of citizens . Quite often, the actions of those who ask passersby to give money, smoke, escort, etc. are regarded as hooliganism;
• destruction (damage) of property is one of the ways to show disrespect for society (damage to a car mirror, dishes in a cafe, etc.). If actions indicate a deliberate intent to cause harm to someone, a separate article on damage to property applies.

All of the above actions can be performed either simultaneously or separately, but always in a public place.

According to the meaning of the law, this is the place in which people are or have the right to be; it is not the object of someone’s personal property. Public places are considered to be parks, streets, shops, theaters, parking lots, playgrounds, institutions, etc. Even staircase landings can be a public place. The concept of public place is equally relevant to both administrative and criminal law.

Example No. 1 . Standing in line at the bank, Nekrasov P.A. noticed that the man approached the operator, bypassing all the people standing in front of him, despite the strict queue based on electronic tickets. Nekrasov A.P. at first calmly, and then raising his tone, he became indignant. The man explained that 10 minutes ago he had already visited this operator and only wanted to clarify the number of the contract under which the consultation was held. Nekrasov A.P. addressed the operator, the head of the bank, the man who repeatedly applied for advice, with rude obscene language and left the branch. Subsequently, he was prosecuted under Art. 20.1 Code of Administrative Offenses of the Russian Federation.

In this example, it is clear that the place where the incident occurred is public (a bank), and the perpetrator performed one of the actions that falls under the signs of petty hooliganism (insult with gross obscene language).

Example No. 2 , where the administrative offense was not confirmed. Neighbors in summer cottages damaged each other's property during the conflict. Solovyova N.R. broke part of the fence for neighbor K.E. Nikitina, and she, in turn, tore flowers from a flowerbed on N.R. Solovyova’s property. There may be an administrative offense or a crime related to damage to someone else's property, but not hooliganism. Firstly, private households and adjacent areas are not public places, and secondly, the intent of both women was not aimed at disturbing public order.

Personal conflictual relationships always exclude hooliganism. Therefore, incidents between husband and wife, other family members, and persons who have persistent hostile relationships towards each other can never be considered an offense under Art. 20.1 Code of Administrative Offenses of the Russian Federation.

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 .

If petty hooliganism is associated with disobedience to police officers, the act falls under the criteria of Part 2 of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation and entails arrest for the same period or a fine of up to 2,500 rubles .

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Responsibility of minors for obscene language

The problem of obscene language is especially acute in adolescence, because older children associate it with independence, with disobedience to prohibitions, and in general, swearing is a symbol of adulthood. This is also a tribute to speech fashion, and imitation of idols.

Abuse and rudeness hide weakness and vulnerability, which are unacceptable among young people. In addition, by swearing, high school students try to confirm their emotional independence from adults.

From the history

Teenagers often claim that swearing is a kind of Slavic tradition. This is wrong. Until about the middle of the 19th century, bad words were not used even in villages; it was a criminal offense.

During the reign of Alexei Mikhailovich Romanov - the father of Peter I - for the use of obscene words, according to the Council Code, severe punishment was imposed - up to and including the death penalty.

Obscene language

The laws do not have a definition or list of obscene words. The police and prosecutor's office determine what words people should limit. Roskomnadzor monitors swearing in the media, and the Federal Antimonopoly Service monitors obscenities in advertising.

Punishment for obscene language of minors

Obscene language in a public place is regarded by law and moral standards as a manifestation of clear disrespect for other people.

Public use of obscene expressions is equated to petty hooliganism, liability for which is provided for in Article 20.1 of the Code of Administrative Offenses of the Russian Federation and entails an administrative fine in the amount of 500 to 1 thousand rubles or administrative arrest for up to 15 days.

A person who has reached the age of sixteen at the time of committing an administrative offense is subject to administrative liability (Article 2.3 of the Code of Administrative Offenses of the Russian Federation).

Responsibility for administrative offenses committed by minors aged 14 to 16 years lies with parents or other legal representatives (guardians, trustees).

The key point in qualifying an offense as petty hooliganism is the citizen’s intent to disrupt public order and express clear disrespect for society.

Internet

The Internet is a public place, but not public. Sites themselves set penalties for foul language. The maximum punishment for swearing can be a permanent ban. But it’s still not worth using foul language in comments on registered media websites.

Insult

Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form, entails the imposition of an administrative fine on citizens in the amount of 1,000 to 3,000 rubles. Liability is provided for in Article 5.61 of the Code of the Russian Federation on Administrative Offences.

Persons over 16 years of age are subject to administrative liability for insult. If the offender is 16 years old but under 18, the case will be reviewed by a juvenile commission, which often exempts minors from administrative liability. They are subject to measures of influence that are not punitive in nature, for example: warning, transfer to parental supervision. The law does not allow a person under the age of 16 to be held administratively liable.

However, this does not mean that citizens insulted on a social network do not have the means and mechanisms to restore their violated rights - they can go to court to demand compensation for moral damage caused.

So, if a teenager who has offended someone on a social network has not reached the age of 14, their parents or guardians will be responsible for their actions.

But young people aged 14 to 18 years, according to Art. 1074 of the Civil Code of the Russian Federation, they are already independently responsible for the harm caused. True, if their independent income is absent or insufficient to compensate for the harm, then the parents of the offender are also obliged to compensate for the harm in full or in the missing part.

In January of this year, in Turinsk, Sverdlovsk region, parents paid 100 thousand for children who insulted a teacher. The students edited the teacher’s photo and posted it on social networks. The teacher did not like the result and went to court.

If the parents had not paid the fine, the children would have had to do so after reaching adulthood.
Number of impressions: 2490 Date modified: 08/24/2021 17:00:36

Hooliganism in criminal law

Hooliganism in the criminal legal sense always expresses a more flagrant disrespect for society than in administrative law.
This can manifest itself in an indifferent attitude towards people, their quiet life and usual rhythm, work, while the demonstration of disregard for the rights of others is more active and can create danger for others. In other words, actions falling under the characteristics of Art. 213 of the Criminal Code of the Russian Federation, must be “out of the ordinary”, not typical for a civilized society, and sometimes quite aggressive. At the same time, a very similar crime – vandalism – should be distinguished from hooliganism. Vandals are brought to criminal liability much less often than hooligans, but nevertheless such cases are periodically considered in the courts, and the perpetrators are given restrictions or imprisonment for up to three years. Vandalism means the desecration of monuments, buildings, public transport or municipal property. Here the main sign is damage to property in a public place (this criterion is not in Article 213 of the Criminal Code of the Russian Federation), and such an action can be carried out not in full view of passers-by, but in secret.

Example No. 3 . A group of teenagers used spray paint to write graffiti on the wall of a historic building. The municipality suffered damage to a fairly significant amount - 120,000 rubles. Since the paint could not be removed without the use of special solvents, as a result the coating of the building’s walls was damaged, partial collapse began, and the need for restoration work arose. The teenagers were punished for vandalism, since their intent was to damage municipal property, which they carried out at night, secretly, and only thanks to surveillance cameras were they able to identify the violators from a photo taken.

Read more about vandalism in our separate article.

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.

Punishment for criminal hooliganism

The guilty person may be assigned:

1. Fine from 300,000 to 500,000 rubles; compulsory labor (up to 480 hours), correctional labor (up to 2 years); imprisonment (up to 5 years).

Based on judicial practice, in relation to persons involved under Part 1 of Art. 213 of the Criminal Code of the Russian Federation for the first time, they are rarely prescribed imprisonment. In the vast majority of such hooligans, they will face punishment in the form of correctional labor or suspended imprisonment.

2. Fine from 500,000 to one million rubles; imprisonment for up to 7 years.

This measure of responsibility applies to those who committed hooligan acts in a group, having previously agreed with their accomplices . The same punishment awaits those who resisted people trying to stop a violation of public order (they could be both police officers and ordinary passers-by).

It should be noted that the commission of a crime with such additional characteristics is often accompanied by other acts. Group actions are almost always associated with causing bodily harm, including serious injuries, damage to property, and damage to complete strangers. Therefore, in such situations, convicts are more often assigned to serve their sentences in places of deprivation of liberty; a fine is applied by judges quite rarely.

3. A separate punishment only in the form of imprisonment (without alternative) up to 8 years of imprisonment is threatened in the case of the use of explosives .

Attention!

The criminal law of the Russian Federation provides for criminal liability for hooliganism, which is understood as a gross violation of public order, expressing clear disrespect for society.

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.

In accordance with Article 213 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), these actions of a person are qualified as hooliganism, provided that they are committed with the use of weapons or objects used as weapons, or for political, ideological, racial, national or religious reasons. hatred or hostility, as well as on any public transport.

Any material objects, as well as animals that can cause harm to human health, can be recognized as objects used as weapons. This category also includes unloaded weapons that are not suitable for shooting (for example, educational, decorative, toy).

The legislator identifies as a separate group the commission of hooligan acts associated with resistance to a government official or other person protecting public order or suppressing violations in this area. In this case, criminal liability occurs in the form of imprisonment for up to 7 years.

Hooliganism, liability for which is provided for in Article 213 of the Criminal Code of the Russian Federation, should be distinguished from crimes committed by persons with hooligan motives.

Criminal acts committed out of hooligan motives include intentional actions directed against a person’s person or his property, committed without any reason.

Insults, beatings, causing harm to a person’s health, committed in the family, against relatives or acquaintances out of personal hostility towards them, do not constitute hooliganism and are qualified under articles of the Criminal Code of the Russian Federation, providing for liability for crimes against the person.

The most serious type of crime in question is hooliganism with the use of explosives or explosive devices, the commission of which carries a maximum penalty of 8 years in prison.

In accordance with Article 20 of the Criminal Procedure Code of the Russian Federation, persons who have reached the age of sixteen at the time of committing the crime are subject to criminal liability under Part 1 of Article 213 of the Criminal Code of the Russian Federation, and for hooliganism under aggravating circumstances - fourteen years.

Changes in the law

Since April 2021, a completely new type of hooliganism has been introduced into the criminal legislation, allowing the police to recognize as a crime, and not an administrative offense (as it was before), the actions of rowdies on board planes, on trains, etc.

The reason for the introduction of a new rule of law was the increasing number of cases of inappropriate behavior of passengers, which caused panic among other people who found themselves together on the same bus, plane, or train. Particularly shocking situations have long been posted on the Internet and are publicly available for viewing.

Legislators considered that removing a hooligan from board is not enough, because there are cases of repeated inappropriate behavior on transport by those previously prosecuted for similar actions.

For criminal liability, the type of transport on which events take place is not important - it can be air, underground (metro), water (boats, river trams), or land (buses). To constitute a crime, it is necessary that the transport in which the hooliganism occurred belongs to the category of public transport. That is, access on board for other citizens who have purchased a ticket or received an invitation must be open.

Considering that changes to Article 213 of the Criminal Code of the Russian Federation came into force only in the spring of 2021, judicial practice does not yet know sentences that would convict persons who violate public order while traveling.

Hooliganism on the phone

There is no information in the press about a legislative initiative to introduce separate liability for telephone hooliganism. We think that in the future it is quite possible that such a norm will appear, most likely in administrative legislation.

Each of us may encounter annoying calls from known or unknown persons playing pranks on the caller as a joke. Callers cannot help but understand that with such actions they violate the peace of citizens and the right to rest, waste their time and, what can I say, nerves. But currently the legislation does not provide for liability for hooliganism over the telephone .

Formally, one can state the signs of petty hooliganism (for example, gross obscene language, disrespect for society, offensive harassment), but there is no main criterion - violation of public order. Subsuming communication over a distance using means of communication under this term will not be correct and legal.

And yet, a certain responsibility for some telephone actions that are inherently hooligan, but do not fall under Art. 20.1 Code of Administrative Offenses of the Russian Federation or Art. 213 of the Criminal Code of the Russian Federation, may occur for:

• knowingly false report of a crime (such a statement may well be made by telephone to the department’s duty station) - Art. 306 of the Criminal Code of the Russian Federation;
• knowingly false report of an act of terrorism (over 100 false calls about bombs in institutions are recorded annually only in the Moscow region) - Art. 207 of the Criminal Code of the Russian Federation;
• insult (if you are insulted by phone or SMS, that is, they call you words that degrade your honor and dignity) – Art. 5.61 of the Code of Administrative Offenses of the Russian Federation, an application to initiate administrative proceedings should be addressed to the prosecutor's office.

Responsibility

For committing such an offense, punishment is provided in the form of a fine of up to 5 thousand rubles. Compensation for harm is carried out in money and the amount of such compensation is determined by the court depending on the type of physical or moral suffering caused to the victim, as well as the guilt of the harm-doer. According to Part 1 of Article 20.1 of the Code of Administrative Offenses of Russia, petty hooliganism is a violation of public order, which expresses clear disrespect for society and is accompanied by swearing in public places, pestering people, as well as destruction or damage to property.

Offensive harassment in a public place is characterized by impudent and intrusive actions of a bully, causing moral or physical harm to a stranger, despite the opposition of the victim. Hooligans are characterized by the viciousness of their illegal manifestations, their repeated repetition, as well as the incompatibility of their behavior with moral principles.

Currently, for lovers of such “sharp words” in the presence of the public, or in legal settings. terminology - “obscene language in society” of the Code of Administrative Offenses of Russia provides for administrative liability.

Summarize

1. Hooliganism can be either administrative (minor) or criminal. For administrative liability, it is enough to insult others or damage property in a public place; for a criminal offense - use weapons (objects), act on a national basis, or cause chaos during a trip.
2. Such actions always violate public order and are always committed only in a public place, the signs of which are:
   accessibility for citizens;
3. lack of isolation, personal property status;
4. public may include not only areas of the area, but also buildings (where people can freely be), transport (for example, a minibus), and structures.
5. Conflicts that arise due to hostile personal relationships (for example, between neighbors, relatives) do not qualify as hooliganism: it is believed that in such situations the perpetrator has no intention of disturbing the peace of other citizens.
6. The most severe punishment for committing petty hooliganism is administrative arrest for 15 days; in a criminal case - 8 years in prison.

Punishment

Obscene language (or swearing) in public places, in addition to condemnation, is punishable by a fine

Fine for swearing in a public place

How can violators be held accountable? Is there any punishment other than public censure? What legal responsibility does the administrative code provide for swearing in general? places?

On the street

• The law of the Russian Federation in itself does not prohibit a person from swearing. However, there are many situations where this may be considered a violation. For example, petty hooliganism.
• If you, by swearing, violate public order or express clear disrespect for people, you may be fined up to 1 thousand rubles. And if you do not comply when a police officer asks you to stop the riot, the amount will increase 3 times. Arrest for obscenities is also provided.
• The use of obscene language (obscene language) can be regarded by law as an insult, that is, a humiliation of honor. This can result in a fine of up to 3 thousand, and if you express your opinion in a crowd, then up to five thousand rubles.
• There is also criminal liability for libel, but this applies more to serious businessmen or companies. At this level, swear words are no longer so used.

Subjects of Russia can regulate this issue themselves, but it is still worth considering that federal law will have priority. It is hardly possible to establish and collect a fine of a higher level than that provided for in the Code of Offenses (Code of Administrative Offenses). By the way, neither in Moscow nor in St. Petersburg do regional laws specifically raise this issue.

Fine

• Article 20. The Code of Administrative Offenses of Russia provides for a fine for swearing, and in some cases, arrest.
• Article 20. 1. The Code of Administrative Offenses of Russia is treated as petty hooliganism.

Petty hooliganism, or in other words - a violation of common law. order, expressing disrespect for society, using obscene language in crowded places, as well as accompanied by offensive harassment and destruction and damage to other people's property - entails a fine of up to a thousand rubles or administrative arrest of up to fifteen days.

The same actions, if they are associated with disobedience to the legal demands of the authorities or another person performing the duties of protecting public order and suppressing violations of order, entail the imposition of adm. a fine in the amount of one thousand to two thousand rubles or administrative arrest.

What other punishment is provided?

The use of swear words in general. In some places it is also punishable by community service and, in some cases, imprisonment.

Foul language on blogs

The law contains the following wording: “bloggers are required to comply with the prohibitions provided for by law.” It can be interpreted to the point of chaos and any limitation can be added. Liability - up to 200 thousand rubles. However, the article itself is not yet in the laws.

To be able to speak out more strongly, you can use your unpopular blog, the main thing is that you have less than 3 thousand readers and less than 3 thousand people visited this post.

Fine for swearing in a public place

• As punishment for using obscenities in a public place, violators are subject to a fine of up to 1,000 rubles. or, as mentioned earlier, arrest for up to 15 days. If these actions are aggravated by disrespect for the police and other government officials, the fine further increases to 2,500 rubles.
• If such abuse is addressed to a specific citizen, it is classified as an insult, for which a fine of up to 40 thousand or arrest of up to a year is provided.
• For an insult to dignity uttered at a public speech, the violator of the law faces a fine of about 80 thousand rubles, correctional labor and restriction of freedom for up to two years.

This information is useful for everyone to know. And to those who like to utter swear words and to those who suffered from it. The former will probably think about taking responsibility for all their words, while the latter will know how best to hold violators accountable.

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