According to Art. 31 of the Constitution, citizens are allowed to gather without weapons, peacefully hold rallies and demonstrations, meetings, pickets and marches. However, in connection with a number of events, this right was detailed in Federal Law No. 54. In particular, the Law "On Rallies" stipulates that normative acts regulating the conditions for organizing these events are adopted by the president, the government, and also regional executive state bodies. The provisions of the Federal Law are binding on all entities in the Russian Federation. To ensure compliance with the requirements, the Criminal Code establishes liability for unlawful obstruction of public events. Let us consider in more detail the features of its application.
Art. 149 of the Criminal Code
This norm defines the punishment for persons who unlawfully impede citizens who decide to go to a procession, picket or assembly. Criminal liability is also provided for entities forcing participation in these events. Punishment applies to officials who used official position when committing illegal actions, as well as to other citizens, if their actions were accompanied by violence or the threat of its use.
A responsibility
Subjects violating the Law "On rallies", as well as Art. 31 of the Constitution, shall be punished:
- Cash collection in the amount of up to 300 thousand rubles. or equal to salary / other income for 2 years.
- Forced labor lasting up to 3 years.
- Imprisonment for the same term.
In addition to the last two sanctions, the court may impose a ban on engaging in specific activities or staying in a certain position for 3 years.
Explanations
The earlier Penal Code (1960) contained an analogue of Art. 149 of the Criminal Code. In accordance with it, punishment was imputed not only for unlawful obstruction of mass events, including by officials. Responsibility was established for the same acts, accompanied by the use of violence, destruction of property, entailing grave consequences for the victims. Art. 149 of the Criminal Code does not contain part of these circumstances. Meanwhile, the main corpus delicti is kept normal. Moreover, according to experts, the current edition of the article focuses citizens on the peaceful conduct of mass events.
The specifics of the crime
Illegal obstruction of the holding of pickets, processions, meetings and other mass events, as well as participation in them, may be manifested by action or inaction. For example, an official authorized to make decisions about their organization may issue an act that unlawfully prohibits citizens from exercising their constitutional right. Action can manifest itself in creating real barriers to people. It can be both material objects and screeners from law enforcement officers. Inaction is manifested, for example, in the failure to provide premises for the meeting.
Mandatory features
In Art. 149 of the Criminal Code refers to two types of crime. It may be an official who has used his official status. The subject is also a citizen who does not occupy any responsible posts. In this case, he may be held liable if his actions were accompanied by violence or the threat of his use. Thus, a general and special subject is singled out in a crime. The last is a sane citizen who has reached sixteen years of age.The essence of the violence or the threat of its use is the same as with the obstruction of the implementation of electoral rights or the functioning of election commissions.
Subjective part
It implies the presence of direct intent in actions. An official guilty of a crime understands that he unlawfully impedes the holding of an event or the participation of citizens in it, and wishes it to. A person who does not hold any posts and does not use official status, realizes that the use of violence or threat is illegal and does not allow citizens to exercise their constitutional rights, but he wants the consequences to occur.
