Article 213 part. Problematic issues of determining the essence of hooliganism

ST 213 of the Criminal Code of the Russian Federation.

1. Hooliganism, that is, gross violation public order, expressing clear disrespect for society, committed:

a) using weapons or objects used as weapons;

b) for political, ideological, racial, national or religious hatred or hostility or based on hatred or hostility towards any social group;

c) by rail, sea, inland waterway or air transport, as well as on any other transport common use, -

shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount wages or other income of the convicted person for a period of two to three years, or compulsory work for a period of up to four hundred eighty hours, or correctional labor for a period of one to two years, or forced labor for a term of up to five years, or imprisonment for the same term.

2. The same act committed by a group persons according to prior agreement or by an organized group, or associated with resistance to a government official or other person performing duties to protect public order or suppress a violation of public order, -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to four years, or by forced labor for a term of up to five years, or by imprisonment for a term of up to seven years.

3. Acts, provided for in parts first or second of this article, committed using explosives or explosive devices, -

shall be punishable by imprisonment for a term of five to eight years.

Commentary to Art. 213 Criminal Code

1. The objective side of hooliganism consists of actions that constitute a gross violation of public order, expressing clear disrespect for society. The actions that constitute hooliganism are varied: the use of violence against citizens, destruction and damage to other people's property, disruption of public events, cessation or suspension of transport operations, etc. To qualify such actions as hooliganism, they must firstly constitute a gross violation of public order ( objective characteristic actions) and, secondly, must express clear disrespect for society ( subjective characteristic actions) (clause 1 of the Plenum Resolution Supreme Court RF dated November 15, 2007 N 45 "On judicial practice in criminal cases of hooliganism and other crimes committed from hooligan motives"). Required feature The objective side of hooliganism is also the public environment of the crime: hooliganism committed either in the presence of many persons, or secretly, but with results that will inevitably be reflected in the minds of many persons.

2. According to Article 213 of the Criminal Code of the Russian Federation, hooliganism has two types. “Ordinary” hooliganism is characterized by a special method of committing a crime: hooliganism must be committed with the use of weapons or objects used as weapons (clause “a”, part 1) (clauses 2 - 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 . N 45). This distinguishes hooliganism from other crimes committed out of hooligan motives (,).

Subjective side such hooliganism presupposes a hooligan motive (paragraphs 12 - 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 No. 45).

3. Paragraph “b” of Part 1 implies liability for “extremist” hooliganism: it does not have to be committed with the use of weapons or objects used as weapons, but extremist motives for hooliganism must be established.

4. The signs of qualified hooliganism (part 2) are disclosed in paragraphs 7 - 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 N 45.

5. If necessary, a particularly qualified person is classified according to the totality of crimes.

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Hooliganism is a very common crime. It implies a gross violation of order, which can be expressed in hundreds in various ways. It can be as usual noisy behavior in a public place and open attack on others.

In Russia, hooliganism has been considered a crime for a very long time. True, hooligans originally meant people who shirk their responsibilities, lead an antisocial lifestyle, and disrupt order. Later, members of the hooligans also began to be assigned street gangs. This significantly influenced the concept of hooliganism in the USSR and modern Russia, since in the West only young people who participate in pogroms are often recognized as hooligans. Due to the rich history of the very definition of “hooliganism”, in Russia the article of the criminal code dedicated to it is very extensive and interesting.

Hooliganism as part of the Criminal Code of the Russian Federation

A separate article 213 of the Criminal Code of the Russian Federation is reserved for hooliganism. It is quite small, has only three parts and considers hooliganism as a violation of public order. At the same time, hooliganism is not limited to Article 213. Mentions of it can also be found in other articles of the Criminal Code of the Russian Federation - assault bodily harm, damage to property and others. Also, hooliganism rarely goes without significant consequences, therefore hooliganism itself is rarely limited to Article 213 of the Criminal Code and “flows” into more serious crimes.

Hooliganism as a separate article

As mentioned above, hooliganism is described in Article 213 of the Criminal Code of the Russian Federation, which contains three parts. Let's take a closer look at them.

Part one

Part one of Article 213 of the Criminal Code of the Russian Federation describes hooliganism itself - a gross violation of public order and a manifestation of disrespect for society. Also in the first part of Article 213 are considered two individual cases hooliganism:

• Using any weapon or object used as a weapon;
• Hooliganism for political reasons, as well as on the basis of national, religious or racial hatred.

Provided the following types punishments:

• Up to 500,000 fine;
• A fine in the amount of the convicted person’s wages for 3 years;
• 480 hours of compulsory work;
• Up to 2 years of correctional labor;
• 5 years imprisonment.

Part two

The second part of this article of the Criminal Code of the Russian Federation deals with hooliganism committed by a group of people or directed against a government official. If hooliganism is committed by two or more citizens, then the fact of prior conspiracy must be proven. IN otherwise everyone will be charged under the first part of this article.

The second part of Article 213 provides for the following types of punishment:

• Up to 1,000,000 rubles fine;
• A fine in the amount of the convicted person’s income for 4 years;
• Up to 5 years of forced labor;
• 7 years in prison.

Part three

The third part is the shortest, but at the same time it describes the most Hard case hooliganism - with the use of explosives or explosives. Since such a crime is already regarded as socially dangerous, the punishment for it is very severe - up to 8 years in prison.

New edition of Art. 213 of the Criminal Code of the Russian Federation

1. Hooliganism, that is, a gross violation of public order, expressing clear disrespect for society, committed:

a) using weapons or objects used as weapons;

b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;

c) on railway, sea, inland water or air transport, as well as on any other public transport, -

shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by compulsory labor for a term of up to four hundred and eighty hours, or by corrective labor for a term of one to two years, or forced labor for a term of up to five years, or imprisonment for the same period.

2. The same act, committed by a group of persons by prior conspiracy or by an organized group, or associated with resistance to a representative of the authorities or another person performing duties to protect public order or suppressing violations of public order, -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to four years, or by forced labor for a term of up to five years, or by imprisonment for a term of up to seven years.

3. Acts provided for in parts one or two of this article, committed with the use of explosives or explosive devices, -

shall be punishable by imprisonment for a term of five to eight years.

Commentary on Article 213 of the Criminal Code of the Russian Federation

1. The main object of hooliganism is public order, additional objects- human health and property.

2. The objective side of the crime is a gross violation of public order, expressing clear disrespect for society, accompanied by the use of weapons or objects used as weapons.

2.1. The place where hooliganism occurs can be both public places (street, park, institution, transport, etc.) and sparsely populated or deserted places ( Communal apartment, forest, etc.).

2.2. Signs of criminal hooliganism are not only gross violation of public order and obvious disrespect for society, but also the use of weapons or objects used as weapons. It is these signs that distinguish criminal hooliganism from administratively punishable hooliganism petty hooliganism accompanied by obscene language in in public places, offensive harassment of citizens, as well as destruction or damage to other people's property (see Article 20.1 of the Code of Administrative Offences).

3. Public order is a system of socially accepted rules of behavior, relations between people, established by law, as well as customs, traditions and moral norms.

4. Gross violation of public order is expressed in causing significant damage public interest, personal interests, malicious violation public morality. For example, long-term impairment public peace, striking, public insult or mockery of individuals, similar actions against several persons, desecration of public recreation areas, disruption mass event and so on.

5. Clear disrespect for society is high degree disrespect, manifested in actions directed against any person or persons who often happen to be in the place where hooliganism is being committed. The bully's actions are not motivated by personal hostility towards to a specific person, but by the desire to publicly demonstrate disregard for legal and moral norms accepted by society.

6. Weapons are devices or objects that are structurally designed to hit a living or other target or send signals. There are differences between firearms, cold steel and gas weapons (see the Law on Weapons, as well as the commentary to Article 222).

7. Objects used as weapons are objects that can cause harm to health. It does not matter whether the items were specifically adapted to cause harm to health, i.e. subjected to pre-treatment (for example, so-called sharpening, baseball bats, bicycle chains, sand-filled bottles, etc.).

8. Use or attempt to use in the commission of hooliganism firearms, bladed weapons or objects used as weapons cover not only those cases where the offender uses them to cause or attempt to cause harm to health, but also those when the use specified items in the process of hooliganism creates real threat life or health of citizens. The concept of “attempts to use” covers not only real actions when they are directly aimed at causing physical harm (an attempt to strike with a hand or foot, hit with a knife, shoot, etc.), but also when their use in the process of hooliganism creates a real threat for the life or health of people.

9. The mere fact that the person who committed the hooliganism has a weapon is not grounds for bringing him to the Criminal Code for comment. article.

10. Hooliganism resulting in death or grievous harm health, qualified accordingly under Art. 105 or 111. Combination with hooliganism is possible when there is real population crimes, i.e. Along with murder or causing grievous bodily harm, other hooligan acts are committed for hooligan reasons.

11. From the subjective side, hooliganism - intentional crime. The subject realizes that he is grossly violating public order and wishes to show disrespect for society through his actions.

12. Insults, beatings, causing lung or moderate severity harm to health committed in the family, apartment, against family members, relatives, acquaintances, colleagues, motivated by personal hostile relationships. However, such actions should be qualified as hooliganism if, along with the direct intent to cause harm to a specific person, there is an intent to grossly violate public order. In these cases, the perpetrator does not intend to disrupt public order, but clearly realizes that this is inevitable and treats this consequence with indifference, thereby expressing clear disrespect for society.

13. The subject of hooliganism provided for in Part 1 is a sane person who has reached the age of 16 years. The subject of hooliganism provided for in Part 2 of the comment. article, there may be a sane person who is over 14 years old.

14. Part 2 comments. The article establishes three aggravating circumstances: committed by a group of persons by prior conspiracy or by an organized group; associated with resistance to a government official or other person performing duties to protect public order or suppress a violation of public order.

14.1. On the concepts of a group by prior conspiracy and organized group see comment. to Art. 35.

14.2. Resistance to a government official or other person performing duties to protect public order or suppress a violation of public order does not simply consist of disobedience legal requirements of these persons, refusal to stop hooligan actions, but also in active counteraction to them.

14.3. Resistance to government officials with the use of violence that is not dangerous to life or health, in the process of committing hooliganism, is fully covered by Part 2 of the comment. article and does not require additional qualifications in conjunction with Art. 318.

14.4. Resistance to government officials with the use of violence dangerous to life or health in the process of committing hooliganism must be qualified under the totality of Art. 213 and part 2 of Art. 318.

14.5. Resistance associated with violence, provided after the cessation of hooliganism in connection with the subsequent detention of the perpetrator, is not a qualifying sign of hooliganism. In these cases, the actions of the perpetrator should be qualified under the totality of Art. 213 and 318.

15. Hooliganism provided for in Part 1 comment. article, belongs to the category of crimes of moderate gravity, part 2 - serious crimes.

Another comment on Art. 213 of the Criminal Code of the Russian Federation

1. The objective side of hooliganism is a gross violation of public order, which is expressed in clear disrespect for society and is committed: a) with the use of weapons or objects used as weapons; b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any group.

A gross violation of public order is evaluative concept, reflecting the degree of violation of the immediate object. In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 15, 2007 N 45 “On judicial practice in criminal cases of hooliganism and other crimes committed from hooligan motives” when deciding whether the defendant’s actions include gross violation public order, expressing clear disrespect for society, the courts should take into account the method, time, place of their commission, as well as their intensity, duration and other circumstances (paragraph 1).

Clear disrespect for society is expressed in deliberate violation 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.

2. A mandatory sign of the objective party (if hooliganism is not committed for the reasons specified in paragraph “a” of Part 1) is the use of weapons or objects used as weapons, which should be understood as actions aimed at the person using these objects as for physical , and for mental influence on the victim, as well as other actions indicating an intention to use violence through weapons or objects used as weapons.

Items used as weapons may include household items ( kitchen knives, axes, etc.), as well as any other objects used to cause physical harm to a person (stone, stick, etc.).

The crime in this situation includes causing slight harm health. Intentional infliction of moderate or serious harm to health, as well as death, requires additional qualification for a set of crimes.

3. The subjective side of hooliganism is characterized by guilt in the form of direct intent and special motives. The hooligan motive (clause “b”, part 1) is expressed in the desire of the culprit to oppose himself to others, to demonstrate a disdainful attitude towards them. Actions that are outwardly similar to hooliganism, but committed on the basis of personal hostile relations that have developed between the perpetrator and the victim, cannot be classified under this article. Hooliganism, in addition to the specified motive, can be committed for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity against any group.

4. Resistance to a government official or other person performing duties to protect public order (Part 2) must be provided in the process of committing hooligan acts. If it appears after the cessation of hooligan actions, for example, in connection with the subsequent detention of the perpetrator, then the qualification of the actions of the perpetrator under Part 2 is excluded. In this case, liability may additionally arise under articles providing for liability for attacks on government officials or for crimes against the person.

• Up

This article talks about Article 213, Part 3 of the Criminal Code of the Russian Federation. What kind of article is this and what could be the consequences? Violations public safety have been researched for a very long time. Such actions not only harm society, but also cause death. The problem is widely discussed in military-political structures. Public safety violations greatly affect the peace of citizens and government unrest, so research is properly funded.

Terrorist attacks are an international issue. Special body called the Council of Europe Convention. The world community is watching terrorism very closely, since the harm it causes can have enormous consequences.

Hooliganism has a high public danger, but in comparison with terrorism it is little and is not considered in the Council. The police deal with hooliganism issues. 213, part three.

Punishment for hooliganism using explosives

If the examination proves the sanity of the criminal, the punishment is imposed in the form of imprisonment from 5 to 8 years.

Differences between hooliganism using explosives and terrorism

If we look at the laws (Article 205 and Article 213), you will notice common features:

• The same object of crime.
• Same actions.
• A criminal is a person over 14 years of age.
• Crimes are committed with malicious intent.

Differences in the amount of damage caused and the purpose of the crime.

The objective part of hooliganism is serious violation public peace and disrespect for social principles using weapons and pyrotechnics.

Motivation can be:

1. Rassovaya.
2. Political.
3. Ideological.
4. National.
5. Religious.
6. Targeted at a specific social group.

The subject of this article is particularly qualified personnel hooliganism, enshrined in Part 3 of Art. 213 of the Criminal Code of the Russian Federation. The key feature here is the method of commission - through the use of pyrotechnic substances; in fact, here the problem of the similarity of the two crimes under consideration is visible.

Now let's look at the terrorist attack. Article 205 indicates that a terrorist attack is carried out with the intention of stopping or destabilizing the activities of government bodies (military, secret).

Now, as you can see, Article 205 and Part 3 of Article 213 are different objective side- scale and subjective - motive.

Despite the fact that both crimes under consideration are committed intentionally, the main difference is that a terrorist act is aimed at destabilizing society and disturbing its peace, and the goals of hooliganism are, to put it mildly, less ambitious. That is, the end result for the perpetrators seems different.

The purposes of hooliganism are also prohibited by the criminal law of the Criminal Code of the Russian Federation

What to do if the crime does not have the motives prescribed in Article 213? In this case, if the criminal is sane, there is only one motive: opposing himself to society, and this sounds like “I hate everyone around me.”

Having considered the motives for committing these crimes, we can derive examples of situations in which the necessary correct qualification deeds.

For example, the harvest by committing a terrorist attack criminal group puts forward demands to release one of its participants from custody. Let's consider another example: a group of skinheads commits hooliganism using an explosive device in the dormitory where they live foreign students due to negative attitudes towards them based on race.

Speaking about the motives for committing hooliganism and terrorist attack, it should be said that terrorist activities are more politicized. Despite the fact that, due to the commission of terrorist attacks, relations between various social or religious groups may worsen, the aggression of religious groups may intensify, the initial purpose of committing crimes under Article 205 of the Criminal Code of the Russian Federation is to influence state power, That's why political character in contrast to hooliganism, is obvious.

Both elements of the crime are formal and completed from the moment of committing a terrorist attack, disturbing public peace using pyrotechnics (for hooliganism). The formality of the crime presupposes the optionality of achieving the goal: death of people, damage to public domain.

It should be noted here that when committing a terrorist attack by explosion or arson to form a composition, along with special purpose mass participation of people is necessary, since the actions included in objective side This atrocity must be of a real, frightening nature for society. Therefore, if the explosion was committed in a deserted place, where there is no danger of killing people or causing damage to their health, the act can be qualified according to a different standard, for example, as a crime under Part 3 of Art. 213 of the Criminal Code of the Russian Federation.

In this article you learned what Article 213 Part 3 of the Criminal Code of the Russian Federation is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov