Administrative Code Article 20.20 Part 1. relations arising regarding the implementation by each citizen and society as a whole of the right to normal living conditions and activities and the right to the inadmissibility of violation of guaranteed and legally protected vital

ADMINISTRATIVE OFFENSES,

INFRINGING ON PUBLIC ORDER

AND PUBLIC SAFETY

Art. 20.1 Code of Administrative Offenses of the Russian Federation. Petty hooliganism

The fact is that citizen Ivanov I.I. 03/03/11 at 20:45, while in the “Impulse” bar, located in Sovetsky on the street. Oktyabrskaya, able alcohol intoxication to the bartender A.N. Petrova expressed himself in obscene language and did not respond to repeated demands from citizens to stop illegal actions.

The fact is that on 03/21/11 at about 19:30 on the porch of the “October” cultural center, located in the village. Soviet citizen Ivanov I.I. used obscene language, insultingly pestered citizens, grabbed the hands of young women passing by, and blocked the passage. He did not respond to repeated demands from citizens to stop illegal actions.

The fact is that citizen Ivanov I.I. 03/21/11 at 19:30, while in the “Impulse” bar, located in the village. Sovetsky on the street. Oktyabrskaya, while intoxicated, addressed to the bartender A.N. Petrova. expressed obscene language, waving his arms, broke three bottles of beer on the counter, thereby causing material damage for the amount of 123 rubles. He did not respond to repeated demands from citizens to stop illegal actions.

The fact is that citizen Ivanov I.I. 03/20/11 at 17:00 on the fence of household No. 34 on the street. Oktyabrskaya in r.p. The Soviet wrote obscene inscriptions with obscene content in black paint.

The fact is that on March 21, 2005 at 7:30 p.m. on the Renaissance Square bus in Yoshkar-Ola, citizen Ivanov I.I. used obscene language, insultingly pestered citizens, and grabbed passers-by by the hands. He responded to the police officer’s repeated demands to stop illegal actions with obscene language and continued to use obscene language,

It is offensive to pester citizens, i.e. committed an offense under Art. 20.1 part 2 of the Code of Administrative Offenses.

Art. 20.20 Code of Administrative Offenses of the Russian Federation. Drinking beer and drinks

Manufactured on its basis, alcoholic and

Drugs or psychotropic substances

IN in public places

The fact is that on June 17, 2011 at 1:00 p.m. on the playground kindergarten"Dolphin", located in Yoshkar-Ola on the street. Khorosheva, citizen Ivanov NI. drank beer "Volzhanin" / Art. 20.20 Part 1 of the Code of Administrative Offenses of the Russian Federation/

The fact is that on March 19, 2005 at 11:25 a.m. in a recreation park located in the village of Sovetsky, citizen Ivanov I.I. on a bench he drank alcoholic beverages /vodka/, i.e. committed an administrative offense under Art. 20.20 part 2 of the Code of Administrative Offenses of the Russian Federation.

The fact is that on March 19, 2005 at 11:25 a.m. in a recreation park located in the village of Sovetsky, citizen Ivanov I.I. on a bench prepared for drinking together with citizen A.N. Petrova. alcoholic products /vodka/. Art. 20.20 part 2 of the Code of Administrative Offenses of the Russian Federation.

The fact is that on March 19, 2005 at 12:15 p.m. at the stadium located in Sovetsky village, Ivanov I.I. used intoxicating substances /by inhaling vapors of Moment glue/ part 3 tbsp. 20.20 Code of Administrative Offenses of the Russian Federation.

Art. 20.21 Code of Administrative Offenses of the Russian Federation. Appearance in public places

Intoxicated

The fact is that on 03/12/05 at 17.45 minutes on the street. Alexandrov near house No. 8, Volzhsk, citizen Ivanov I.I. was in a state of intoxication, offensive human dignity and public morality /dirty, wet, unbuttoned clothes, appearance causes disgust and disgust, impaired coordination of movement, unsteady gait, incoherent speech, strong odor of alcohol from the breath/

Art. 20.22. Code of Administrative Offenses of the Russian Federation. The appearance of minors in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption narcotic drugs or psychotropic substances in public places

The fact is that on March 19, 2011 at 12:15 p.m. landing between the 2nd and 3rd floors in entrance No. 2, building 8 on the street. Alexandrova, Volzhsk, minor Ivanov I.I. used intoxicating substances / by inhaling vapors from Moment glue.

The fact is that on 03/18/11 at 20:05 in the recreation center “October”, located in the village of Sovetsky, minor Ivanov I.I. was in a state of intoxication that offends human dignity and public morality /unbuttoned clothes, impaired coordination of movement, unsteady gait, incoherent speech, smell of alcohol on the breath/.

VIII. Requirements for drawing up a protocol on an administrative offense under Art. 20.20 Code of Administrative Offenses of the Russian Federation and formation evidence base
8.1. Article 20.20 of the Code of Administrative Offenses of the Russian Federation “Drinking beer and drinks made on its basis, alcoholic and alcohol-containing products, or consumption of drugs or psychotropic substances in public places” provides for liability for:

under Part 1 - for drinking beer and drinks made on its basis, as well as alcoholic and alcohol-containing products containing ethyl alcohol less than 12 percent volume finished products in children's, educational and medical organizations, on all types public transport(transport common use) urban and commuter service, in cultural organizations (except for organizations or points located in them Catering, including without education legal entity), physical education, health and sports facilities.

under Part 2 - for drinking alcoholic and alcohol-containing products with an ethyl alcohol content of 12 percent or more of the volume of the finished product on the streets, stadiums, squares, parks, in a public vehicle, and in other public places (including those specified in Part 1 of the article 20.20), with the exception of trade and public catering organizations where sales are permitted alcoholic products on tap.

under Part 3 – 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, in a public vehicle, as well as in other public places.

8.2. The purpose of this article is to provide means administrative influence observance by citizens of public order and public morality, protection of human and civil rights and freedoms from attacks on healthy image life.

8.3. Public places specified in Part 1 are children's, educational and medical organizations, all types of public transport in urban and suburban communications, cultural organizations (with the exception of organizations or public catering establishments located in them, including those without the formation of a legal entity), sports and recreational facilities and sports facilities. Public places where drinking alcohol and consuming intoxicating substances is prohibited include the following: streets, parks, squares, courtyards, entrances, stairwells, elevators of residential buildings; entertainment enterprises (theatres, cinemas, palaces of culture); beaches, other public places. These include areas that are usually not considered public places, but become such during citizens’ leisure time.

8.3. Based on part 1 of Art. 20.20 of the Code of Administrative Offenses of the Russian Federation, it is impossible to hold accountable a minor who drinks beer simply on the street or in the courtyard of a residential building, as well as in other public places that are not listed in the above list, despite the official federal ban, enshrined in Federal Law Russian Federation dated November 22, 1995 No. 171-FZ “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products,” according to which the consumption (drinking) of beer and drinks made on its basis by minors in any public places is not allowed.

If drinking beer or alcoholic beverages is accompanied by obscene language, offensive harassment of citizens or other similar actions that demonstratively violate public order and peace of citizens, then the person may be brought to administrative responsibility and for petty hooliganism according to Art. 20.1 of the Code.

8.4. The objective side of the offense, provided for by part 3, consists of the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or the consumption of other intoxicating substances in public places. The definition of narcotic drugs and psychotropic substances is established by Federal Law of January 8, 1998 No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”.

8.5. The evidence base when initiating proceedings under Art. 20.20 of the Code of Administrative Offenses of the Russian Federation may be:

Protocol on the seizure of things;

Act medical examination for intoxication;

8.6. Depending on the circumstances of the administrative offense committed, the event administrative offense, provided for in Parts 1,2,3 Art. 20.20 Code of Administrative Offenses of the Russian Federation, it may be indicated:

example of event No. 1 (part 1, article 20.20)

“05/17/2013 at 15:00 Ivanov I.I., while in public transport, namely on a bus on route 27, a city service operating in the territory of the city of Izhevsk, was drinking alcoholic drink– “Blazer” cocktail with 9% ethyl alcohol content;

Example of event No. 2 (Part 1, Article 20.20)

“02/02/2013 at about 19:00 Ivanov I.I., being in the premises of an educational institution, namely, the State Educational Institution of Secondary Professional Education “Izhevsky” Medical College" them. F. Pushina, located at the address: Izhevsk, st. Krasnogeroyskaya, 12, drank beer trademark"Baltika", with an ethyl alcohol content of 4.4%";

example of event No. 3 (part 2, article 20.20)

“09/04/2013 at 16:50 Ivanov I.I., while at a public transport stop at the address: ____________, was drinking an alcohol-containing drink, vodka “Lednik”, volume 0.5 liters, ethyl alcohol content 40%”;

example of event No. 4 (part 3, article 20.20)

“01/01/2013 at 19:00 Ivanov I.I., being near the house____________________, inhaled vapors of the intoxicating substance “Toluene”.

example of event No. 5 (part 3, article 20.20)

“01/01/2013 at 19:00 Ivanov I.I., being near the house ___________________, inhaled vapors of Moment glue for the purpose of intoxication.”

IX. Requirements for drawing up a protocol on an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base

9.1. Article 20.21. The Code of Administrative Offenses of the Russian Federation “Appearing in public places while intoxicated” provides for liability for appearing on the streets, stadiums, squares, parks, in a public vehicle, or in other public places in a state of intoxication that offends human dignity and public morality.

9.2. Taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, in the event of an administrative offense provided for in Article 20.21. Code of Administrative Offenses of the Russian Federation, it is necessary in mandatory indicate:

What was the insult to human dignity and public morality? Feature of the objective side of this composition administrative offense is that a citizen is in a public place not just drunk, but in such a state of intoxication that offends human dignity and public morality, in particular, liability can be held if the potential offender: is in a public place in a state of intoxication, at the same time, it has an indecent appearance (untidy appearance, causing disgust and disgust; dirty, wet, unbuttoned, inside-out clothes); due to intoxication, the person has completely or significantly lost the ability to navigate (stands aimlessly or also moves aimlessly from place to place, coordination of movements is impaired and, as a result, instability, staggering gait); complete helplessness of a drunk (being in a public place in an unconscious (lying down) state), etc.
9.3. The evidence base when initiating proceedings under Art. 20.21 of the Code of Administrative Offenses of the Russian Federation may be:

Protocol on administrative violation;

Protocol on administrative detention, if the person was subjected to such;

Report on the identification of an administrative violation event;

Explanations of the person held accountable (minor);

Messages (appeals, letters) containing data indicating the presence of an administrative offense event;

Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);

Copies of identification documents;

Characteristics of the person against whom the proceedings are initiated administrative proceedings(characteristics can be from everyday life or from the place of work or study);

Information about financial and property status the person held accountable;

Protocol on the seizure of things;

Certificate of medical examination for alcohol intoxication

- information about the income of the person brought to administrative responsibility;

Other documents relevant to the case.
9.4. When transferring minor's parents(legal representatives) the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
9.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation, it may be indicated:

example event #1

“04/21/2013 at 22:00, minor Ivanov A.A. was near the Aikai store, located at the address: Izhevsk, st. Sovetskaya 80, intoxicated. When walking, he staggered from side to side, a strong smell of alcohol emanated from the minor, and he was dressed in dirty, unkempt clothes. to his appearance he insulted human dignity.”

Example event #2

“Ivanova I.I., born 08/11/1997, 08/24/2013 at about 17:00 on the territory of the educational institution GOU NPO “PU No. 1”, namely on the territory of the dormitory of GOU NPO PU No. 1, located at address: Izhevsk, st. Azina, 1, was in a state of alcoholic intoxication, which offends human dignity and public morality. When walking, the minor staggered from side to side, in addition, a strong odor of alcohol emanated from her. With her appearance she insulted human dignity and public morality.”
X. Requirements for drawing up a protocol on an administrative offense under Art. 20.22 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
10.1. Article 20.22. The Code of Administrative Offenses of the Russian Federation “The appearance of minors in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places”, provides for liability for the appearance in a state of intoxication of minors under the age of sixteen years of age, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle , in other public places.
10.2. Since Article 20.22 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of legal representatives for offenses by minors, in the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation must necessarily indicate:

The age of the minor, i.e. date of birth (day, month, year);

Type of alcoholic and alcohol-containing products, narcotic drugs or psychotropic substances, intoxicating substances that must be verified with existing lists;

A place where a minor appeared in a state of intoxication, drank beer, drinks made on its basis, alcoholic or alcohol-containing products, used narcotic, psychotropic, or intoxicating substances.
10.3. The evidence base when initiating proceedings under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation may be:

Protocol on administrative violation;

Protocol on administrative detention, if the person was subjected to such;

Report on the identification of an administrative violation event;

Explanations of the person held accountable (legal representative);

Explanations of the minor;

Messages (appeals, letters) containing data indicating the presence of an administrative offense event;

Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);

Copies of identification documents;

Protocol on the seizure of things;

Certificate of medical examination for intoxication

Note: Serves as evidence subject to voluntary consent informed consent minor or his legal representatives for medical intervention, as well as in other cases provided for in Art. 20 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”;

Information about the income of the person brought to administrative responsibility;

Other documents relevant to the case.
10.4. When transferring a minor to parents (legal representatives), the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
10.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, it may be indicated:

example event #1

“Kuznetsova I.I. is the mother of the minor Kuznetsov A.A., born September 14, 1999, a student of the Municipal Educational Institution “Secondary School No. 1”, who on March 25, 2010 at 12:00, while in a public place, near the house ____________, was drinking beer.”

Example event #2

“Ivanov I.I., is legal representative(father) of minor Ivanova A.A., born December 12, 1999, a student of municipal educational institution “Secondary School No. 1”, who on October 10, 2013 at 22:20, was at the house _________________, in a state of intoxication.”

XI. Final provisions
11.1. These Recommendations have been developed for use by commissions on the affairs of minors and the protection of their rights of the Udmurt Republic.

11.2. These Recommendations provide examples of events of administrative offenses provided for in Art. 5.35, 6.8, 6.9, 6.10, 20.1, 20.20, 20.21, 20.22 of the Code, however, when indicating in the protocol on administrative offenses the event of an administrative offense, it is necessary to proceed not only from the provisions of the Recommendations, but, first of all, from the requirements the current Code of Administrative Offenses RF, in particular Part 2 of Art. 28.2. and the content of the article, which provides for liability for one or another type of offense.

11.3. These Recommendations provide the types of documents that can serve as evidence of events of administrative offenses, however, the collection, synthesis and analysis of their relevance, admissibility and sufficiency for legal proceedings in the case of an administrative offense should be carried out by employees of the Departments for Minors and Commissions for Minors and protection of their rights depending on the specific circumstances of the case and the conditions in which their collection and registration took place.

ST 20.20 Code of Administrative Offenses of the Russian Federation

1. (Article 20.20 part 1) Consumption (drinking) of alcoholic beverages in prohibited places federal law, -

entails imposition administrative fine in the amount of five hundred to one thousand five hundred rubles.

2. Consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, new potentially dangerous psychoactive substances or intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle, as well as in other public places, or failure to comply legal requirement authorized official on passing a medical examination for intoxication by a citizen in respect of whom there are sufficient grounds to believe that he has consumed narcotic drugs or psychotropic substances without a doctor’s prescription, new potentially dangerous psychoactive substances or intoxicating substances on the street, stadium, square, park, in a public vehicle, as well as in another public place -

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

3. Actions specified in part 2 of this article, perfect foreign citizen or a stateless person, -

entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative expulsion outside the Russian Federation or administrative arrest for up to fifteen days with administrative deportation from the Russian Federation.

Commentary to Art. 20.20 of the Code of Administrative Offenses of the Russian Federation

1. Object this offense are public order, public morality, healthy lifestyle.

2. Objective side offenses (Part 1) characterizes the consumption (drinking) of alcoholic beverages in places prohibited by Federal Law.

If drinking alcoholic beverages is accompanied by obscene language, offensive harassment of citizens or other similar actions that demonstratively violate public order and peace of citizens, then the person may be subject to...

3. The objective side of the offense (Part 2) characterizes 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, in a public vehicle, as well as in other public places. When qualifying unlawful act according to Part 2 of the commented Article 20.20 of the Code of Administrative Offenses of the Russian Federation, it is necessary, as a rule, to have an expert opinion regarding the type of narcotic drugs or psychotropic substances used without a doctor’s prescription.

4. The objective side of the offense (Part 3) is characterized by the actions specified in Part 2 of the commented article, committed by a foreign citizen or stateless person.

5. Subjects of offenses may be citizens who have reached the age of 16 summer age.

6. C subjective side the composition of the offenses under consideration form intentional acts the culprit.

7. Protocols on offenses are drawn up.

• Drinking:

• beer-based drinks

• alcoholic and alcohol-containing products with an ethyl alcohol content of less than 12 percent of the volume of finished products

• - in children's organizations

• - in educational organizations

• - in medical organizations

• - on all types of public transport (public transport)

• - in urban and suburban transport

• - in cultural organizations (with the exception of organizations or public catering establishments located in them, including those without the formation of a legal entity),

• - in sports and recreation facilities

• in sports facilities

• INVOLVES AN ADMINISTRATIVE FINE FROM 100 TO 300 RUBLES

OBJECT OF INFRINGEMENT

• relations that arise regarding the realization by each citizen and society as a whole of the right to normal conditions of life and activity and the right to the inadmissibility of violating the vital interests of the individual and society guaranteed and protected by law.

SUBJECT OF THE OFFENSE

• A person who has reached 16 years of age (Article 2.3.)

• Sane, that is, aware of the actual nature and illegality of their actions (inactions) (Article 2.8.)

SUBJECTIVE SIDE OF OFFENSE

• the offense is characterized deliberate form of guilt

• that is, the offender:

• or was aware of the illegal nature of his action, foresaw its harmful consequences and desired the occurrence of such consequences,

• either was aware of the illegal nature of his action, deliberately allowed harmful consequences to occur, or was indifferent to them (Part 1 of Article 2.2 of the Code).

OBJECTIVE SIDE OF THE OFFENSE

• Place of commission of the unlawful act

• Methods (instruments) of committing an administrative offense

Form of committing an illegal act

• Can only be performed as an action.

• The essence of the act is such an action as DRINKING.

• How drinking should be qualified, including an open (not hidden in front of society) intention to drink (for example, when drinks have already been poured into glasses, or when drink bottles are open).

PLACE OF COMMITMENT OF THE ILLEGAL ACT

• - children's organizations;

• - educational organizations;

• - medical organizations;

• - all types of public transport;

• - all types of suburban transport;

• - cultural organizations;

• - sports and recreation facilities;

• - athletic facilities.

Non-profit organizations

• FEDERAL LAW dated January 12, 1996 N 7-FZ (as amended on May 13, 2008) “ON NON-PROFIT ORGANIZATIONS”

• 1. A non-profit organization is an organization that does not have profit as the main goal of its activities and does not distribute the profits received among participants.

2. Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, to protect the health of citizens, develop physical culture and sports, satisfy the spiritual and other non-material needs of citizens, protect rights, legitimate interests citizens and organizations, resolving disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public goods.

3. Non-profit organizations can be created in the form of public or religious organizations(associations), communities of indigenous peoples of the Russian Federation, non-profit partnerships, institutions, autonomous non-profit organizations, social, charitable and other funds, associations and unions, as well as in other forms provided for by federal laws.

Children's organizations

• For example:

"...organization of children's recreation and their health improvement - children's health camps(country health camps, camps day stay and others), specialized (profile) camps (sports and recreation camps, defense sports camps, tourist camps, labor and recreation camps, environmental and biological camps, technical camps, local history and other camps), health centers, bases and complexes, other organizations, regardless of organizational and legal forms and forms of ownership, the main activities of which are aimed at providing services to ensure children's recreation and their health..."

• Extract from the document: FEDERAL LAW of July 24, 1998 N 124-FZ (as amended on June 30, 2007) “ON THE BASIC GUARANTEES OF THE RIGHTS OF THE CHILD IN THE RUSSIAN FEDERATION”

Educational organizations (non-profit organizations formed in the form of institutions)

• Educational institutions:

• "...1. An educational institution is an institution that carries out the educational process, that is, implementing one or more educational programs and (or) providing the maintenance and upbringing of students, pupils..."

• Extract from the document: LAW OF THE RF dated July 10, 1992 N 3266-1 ON EDUCATION

ATHLETIC FACILITIES

• Federal Law of December 4, 2007 N 329-FZ “On Physical Culture and Sports in the Russian Federation”

• sports facility - an engineering and construction facility created for holding physical education events and (or) sports events and having spatial and territorial boundaries;

• sporting events - sporting competitions, as well as educational and training and other events in preparation for sporting competitions with the participation of athletes;

• physical education events - organized physical education classes for citizens;

PUBLIC TRANSPORT

• This term does not exist in current legislation, but the following definition applies.

• Route vehicle:

• "..."Route vehicle" is a public vehicle (bus, trolleybus, tram) intended for transporting people on roads and moving along an established route with designated stopping places..."

• Extract from the document: Decree of the Government of the Russian Federation dated October 23, 1993 N 1090 “On ROAD TRAFFIC RULES”

INSTRUMENTS FOR COMMITTING AN ILLEGAL ACT

• A tool is everything that mediates between the actor and the deed (Explanatory Dictionary of the Living Great Russian Language: Selected Articles. Edited by L.V. Belovinsky - M.: OLMA-PRESS; JSC PF "Red Proletary", 2004.).

• The instrument (means) of an administrative offense in the composition under consideration may be:

• - beer (beer and drinks made on its basis, part 1 of Article 20.20 of the Code should mean beer with an ethyl alcohol content of more than 0.5 percent of the volume of the finished product and drinks made on the basis of beer with the specified ethyl alcohol content);

• - alcohol-containing products with an ethyl alcohol content of less than 12 percent of the volume of the finished product.

SEQUENCE OF ACTIONS FOR PROOF

• ACT 1

• Suppression of illegal actions:

• Requirement to stop the illegal action (Clause 1 of Article 11 of the Law “On the Police”;

• Seizure of instruments of an administrative offense (Article 27.10 of the Code of Administrative Offenses of the Russian Federation)

SEIZATION OF INSTRUMENTS OF ADMINISTRATIVE OFFENSE (Article 27.10)

• 1. To carry out the seizure, the presence of 2 witnesses is required

• 2. A protocol is drawn up about the seizure, or an entry is made in the protocol (Part 5 of Article 27.10):

• About delivery

• Inspection of the place where an administrative offense was committed

• About administrative detention

• 3. Seized items are packed and sealed at the place of seizure if necessary (Part 9 of Article 27.10)

• 4. Seized items are stored until the case is considered (Part 9, Article 27.10)

• 5. The storage location is determined by the person who carried out the seizure (Part 9 of Article 27.10)

• 6. Seized items subject to rapid deterioration and, if it is impossible to sell them, are destroyed (Part 11, Article 27.10)

PROTOCOL of seizure of things and documents

• The protocol must contain the following information:

• 1. Who confiscated (full name, position, special title)

• 2. From whom it was seized (full name)

• 3. Where the seizure was made (address of application of the measure to ensure production)

• 4. What was seized:

• Type of items seized

• Number of items seized

• Identification features of seized items

• 5. Information on the use of film or photography, video recording

• 6. Signature of the person who compiled the protocol

• 7. Signature of the person from whom the seizure was made

• 8. Signatures of witnesses

ACT 2

• Identification of possible witnesses to an administrative offense.

• Witnesses can be citizens who may know the circumstances of the case to be established (Part 1 of Article 25.6)

• If several people participated in drinking, then in relation to each other they are witnesses.

• Witnesses who participated in recording the seizure procedure may later be questioned as witnesses (Part 5 of Article 25.7)

ACT 3

• Delivery of offenders and witnesses for the purpose of drawing up a protocol on an administrative offense and obtaining testimony

• ACT 4

• Drawing up a protocol on an administrative offense

PROOF

• When obtaining evidence in the case, it is necessary to remember that in accordance with Part 3 of Art. 26.2 It is not permitted to use evidence obtained in violation of the law.

SUBJECT OF PROOF

• You need to install :

• Firstly, that there was drinking of beer, or drinks made on its basis, or alcoholic and alcohol-containing products with an ethyl alcohol content of less than 12 percent;

• Secondly that drinking took place in:

• *children's organizations, or

• * educational organizations, or

• * medical organizations, or

• * on all types of public transport (public transport) urban and suburban services, or

• * in cultural organizations (except for organizations or public catering establishments located in them, including those without the formation of a legal entity), or

• * sports and recreation facilities, or

• * sports facilities.

SUBJECT OF PROOF

• You need to install:

• Thirdly, the person who committed the offense;

• fourthly, the presence of mitigating or aggravating circumstances;

• fifthly, reasons and conditions for committing an administrative offense

• At sixth, Are there any circumstances that exclude the possibility of proceedings in the case?

• If a minor, when drawing up a protocol on an administrative offense, gives an explanation in which he admits his guilt and repents of his crime, the following evidence can be used:

• 1. Protocol on an administrative offense.

• * protocol on administrative detention if the person was subjected to such.

• 2. Reports from police officers describing the event of this administrative offense.

• 3. Explanations of the person held accountable (minor)

• 4. Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);

• 5. Copy of identification document

• 6. Characteristics of the person against whom administrative proceedings are initiated (characteristics can be either personal or from the place of work or study)

• 7. Information about the financial and property status of the person held accountable

• 8. Information indicating the presence of circumstances aggravating liability (for example, bringing earlier within a year to administrative liability for violating other norms of Chapter 20 of the Code of Administrative Offenses of the Russian Federation), mitigating liability (repentance of the person who committed the administrative offense).

What should questions be directed at when obtaining explanations from the offender?

• To confirm the fact of drinking (Did you drink? “Yes” or “No”)

• To find out what he drank (For example, Baltika 7 beer)

• To receive confirmation that he drank in one of the dispositions listed in Part 1 of Art. 20.20 seats (for example, at the Temp stadium or in the cinema hall of the Pobeda cinema)

• To obtain information with whom he drank (for example, he drank alone or he drank with his classmate Sergey Matveev, a student at PU No. 2)

• To obtain information with whose money it was purchased what they drank

• To receive information about whether parents know that a minor drinks beer or drinks based on it, and if so, how they feel about it

• To obtain information whether the minor drank voluntarily or under the influence of blackmail, threats or deception

• Also, in the process of selecting explanations, information about the person himself should be clarified (Where he lives, with whom he lives, where he studies or works, etc.)

In relation to Part 3 (consumption of narcotic drugs and psychotropic substances)

• Without seizing the alleged instrument of an administrative offense, it is virtually impossible to determine whether a particular substance is being used by a minor.

• DRUG

• or PSYCHOTROPIC

The list of narcotic drugs and psychotropic substances is established by Decree of the Government of the Russian Federation of June 30, 1998 N 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation” (as amended by Decree of the Government of the Russian Federation of 02/06/2004 N 51, dated 11/17/2004 N 648, dated 07/08/2006 N 421, dated 07/04/2007 N 427, dated 06/22/2009 N 507)