Petty hooliganism is considered one of the most common and harmful to society administrative offenses. Various relations act as the direct object of attacks. Let us further consider the composition of petty hooliganism.
General information
In accordance with the Code of Administrative Offenses of the Russian Federation, petty hooliganism includes swearing in public places, insulting harassment of citizens and other intentional acts that violate the order and calm of people that interfere with the activities of organizations. Such behavior indicates a clear disrespect for society.
Petty Hooliganism: Code of Administrative Offenses
The law defines three types of objects of abuse. The disruption of the functioning of enterprises and institutions is manifested in the disorganization of their work through the commission of hooligan acts. The encroachment on the calm of citizens is the creation of noise that interferes with the normal life of people.
It can be loud singing of songs, inclusion of music, driving without a muffler on a vehicle at night and so on. The article "Petty hooliganism" contains some distinctions between attacks on public order and calm of citizens. According to some authors, such a separation is hardly true. This is due to the fact that violation of people's peace cannot be without an encroachment on public order.
Signs of Offenses
On the objective side, petty hooliganism is characterized by the active behavior of the offender. In particular, a citizen may:
- To use obscene words.
- Pester people by insulting them.
- Commit other deliberate misconduct.
Petty hooliganism is committed on the internal prompting of a person to disrupt order in society, to show disrespect for people or an individual citizen. Moreover, the perpetrator has no significant or convincing reasons to do this. Such goals indicate the presence of a bully motive. In some cases, non-response to the requirements of others or persons who are called upon to maintain order, the cessation of such behavior also indicates a motive.
Swearing
In general terms, it is expressed in the utterance of statements that are not accepted as commonly used words. The intruder seeks to speak curses loudly so that others can hear them. Pronouncing obscene expressions not aloud cannot be regarded as petty hooliganism. The expression "foul language" consists of two parts.
To be more precise, this term should be understood as a curse using obscene words. It should be said that the expression of rude words in the process of abuse will not in all cases form a sign of the appearance of petty hooliganism. In such situations, an appropriate motive may not be available. If he is absent, no deed can be recognized as petty hooliganism. The motive may be non-response to the demands of others to stop swearing using obscene expressions.
Abusive harassment
This is the second type of petty hooliganism, forming its objective side. Offensive harassment can have both general and special symptoms. The latter are formulated, in fact, in the definition itself. In particular, harassment with insults takes place. It is expressed in importunity, annoyance, obsession, if at the same time dignity and honor are humiliated, the will of a person is shy.
It should be said that not all of these actions can qualify as petty hooliganism.In this case, as in the above, there must be a motive. If the offender sets out to humiliate the dignity and honor of another person, then his act has a sign of hooliganism. In other situations, it is absent. Of course, benevolent perseverance can turn into an insult if it is carried out systematically (repeatedly) against the will of another person. In this regard, in each specific case, all circumstances should be clarified, taking into account which subsequently establish the presence or absence of insults.
Other intentional acts
As they can be a variety of misconduct. They also violate public order, calm people or the activities of enterprises and institutions, express disrespect for people. These actions include:
- Indecent gestures.
- The use of obscene words in letters, by phone.
- Pollution of public places.
- Image of indecent drawings and inscriptions on fences, doors, walls.
- Family scandals.
- Intentionally breaking glass in public places.
- Appearance in society in indecent form.
- Intentional damage to municipal, state or personal property.
- Creating panic in a public place for no reason.
- Departure of natural need in unspecified places for this.
- Intentional damage to plants.
- An invasion of a public place contrary to the prohibitions of a person called upon to guard order.
- Throwing dirty or solid objects out of windows at passers-by.
- Addressless night calls to apartments by phone.
- False message about the death of friends or relatives and so on.
In the above cases, the sign of publicity is not always mandatory. Acts may be committed with the expectation of their later discovery.
Subjective side
It is formed by direct intention. It consists in the deliberate violation of the order, calm of people and the activities of institutions and enterprises. Unlawful acts are committed either without cause or for any non-essential reason.
Petty hooliganism: punishment
For committing the misconduct discussed above, the law provides for 2 types of preventive measures. The first is a fine, the second is an administrative arrest. For petty hooliganism, a penalty of 2,500 to 5,000 rubles may be imposed. Administrative arrest can last up to 15 days. Cases of petty hooliganism are heard by the police or, if it considers it necessary to apply detention, by justices of the peace.
In the latter case, the proceedings are carried out on the day of receipt of the relevant protocol with the materials attached to it. The law does not define the criteria by which a court should be sentenced. Police authorities refer cases to this authority in accordance with the gravity of the violation, the frequency of prosecution, the identity of the perpetrator, and established public opinion. If it takes time to clarify the circumstances, the period during which the case is being considered can be increased, but not more than by a month.