Author |
Dizer O.A., Filippov O.U. |
Title of article |
Disorderly conduct: mistakes of interpreting and applying the norm providing liability |
Section |
Section 8. Improving law enforcement practice |
Issue, year |
2 (32) 2015 |
Abstract |
The number of offenses in the sphere of public order, which is one of the essential and obligatory elements of any state’s stability, is increasing. Disorderly conduct is common trespass to public order, it has various forms. Disorderly conduct borders on penal hooliganism and other related crimes and administrative offences, that requires elaborating criteria of their differentiation for correct qualification and implementing measures of legal liability. The elements of considered corpus delicti of administrative offence and mistakes of interpreting its features are analyzed, problem issues of disorderly conduct qualification and proceedings are explained. Disorderly conduct is considered as violating public order which expresses evident contempt of society and is accompanied with obscenities in public places, abusive harassment of people and destruction or damage of their property. The problem of qualification of offender’s actions comprising features of different corpus delicti of administrative offences as a disorderly conduct is analyzed. So, obscenities, abusive harassment of people and destruction or damage of their property which are considered as independent forms of public order violation can be recognized as a disorderly conduct. At the same time any public order violation should be qualified according to Section 1 of the Article 20.1 of the RF Code of Administrative Offences if it is accompanied by the above mentioned actions. It is proposed to change the law’s wording in order to provide unified interpretation and implementation of the norm fixing liability for disorderly conduct. |
Keywords |
disorderly conduct, public order, obscenities, obscene expressions, abusive harassment of people, destruction or damage of property, ruffian motive, qualification problems. |
References |
1. Ten A.L. Netsenzurnaya bran’ kak ob”ekt administrativno-pravovogo regulirovaniya i pravosoznaniya [Foul language as the object of administrative-legal regulation and legal awareness]. Administrativnoe pravo i protsess – Administrative law and process, 2011, no. 3. 2. Ivanov I.S. Pravovaya zashchita detey ot informatsii, prichinyayushchey vred ikh zdorov’yu i razvitiyu: rasshirennyy nauchno-prakticheskiy kommentariy [Legal protection of children from information harmful to their health and development: advanced scientific-practical commentary]. Available at the reference legal system “Consultant Plus”. 3. Baranov A.N. Lingvisticheskaya ekspertiza teksta [Linguistic examination of the text]. Moscow, 2007. 4. Kommentariy k Kodeksu RSFSR ob administrativnykh pravonarusheniyakh [Comment and Code of the RSFSR on administrative offences]. Moscow, 1997. |