STY 561 COAP RF
1. Insult, that is, humiliation of honor and dignity of another person, expressed in indecent form, -
shut down administrative fine on citizens in the amount of one thousand to three thousand rubles; on the officials - from ten thousand to thirty thousand rubles; On legal entities - from fifty thousand to one hundred thousand rubles.
2. Insult, contained in a public speech, publicly demonstrating the work or means mass media, -
entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; On legal entities - from one hundred thousand to five hundred thousand rubles.
3. Failing measures to prevent insult in publicly demonstrating the work or media -
entails the imposition of an administrative fine on officials in the amount of from ten thousand to thirty thousand rubles; On legal entities - from thirty thousand to fifty thousand rubles.
Comment to Art. 5.61 Code of Administrative Offenses of the Russian Federation
1. Until 2011, an insult was a criminal offense. Currently, an insult is decriminalized, although special compositions remained in Art. Art. ,,, 336 of the Criminal Code of the Russian Federation. They differ in subjects to commit an unlawful act (for example, military personnel), on persons in respect of which it is committed (judge, juror), as well as on the circumstances of the commission (fulfillment of victims of official duties).
Object administrative offense There are social relations related to the rights of citizens to honor and dignity guaranteed by the Constitution of the Russian Federation. The Constitution of the Russian Federation provides that the dignity of the individual is protected by the state. Nothing can be the basis for his diminution (Part 1 of Art. 21). Everyone has the right to defend his honor and good name (part 1 of article 23).
2. Objective side The offense is expressed in the performance of actions expressed in indecent form and aimed at humiliation of honor and dignity of another person.
The approach to the concept of insult is presented in the Administrative Code of the Russian Federation, causes many difficulties in law enforcement practice. First, the uncertainty of terms "honor" and "dignity". Civil Code The Russian Federation, for example, the honor and dignity refers to the intangible, inalienable personal rights (benefits). Secondly, the concept of "indecent form" cannot be uniquely defined. The form assessment is assigned to the discretion of the judge. If necessary, the judge may decide on the court linguistic examination. Insult may be expressed in oral or writing. In addition, it should be borne in mind that an insult can be expressed not only in verbal form, but also in non-verbal, for example, gestures, sounds, slap, etc. Thirdly, arbitrage practice It suggests that it is necessary to prove that indecent actions forming an objective form of insults were sent to a specific person, and not on the whole situation or occurring events in general.
3. From the nature of the act it follows that the wines are expressed in the form of intent, i.e. The face is aware that it degrades the honor and dignity of another person in indecently, and wishes it.
Article 5.61 of the Administrative Code of the Russian Federation provides for two qualified composition. The first composition is an insult containing in a public speech, publicly demonstrating the work or media. In such cases, a citizen may be insulting repeatedly when repetitions or reading text. At the same time, considering that the insult is fixed in the corresponding source, its fact will be easier to prove.
The second composition is to defeat measures to prevent insult in publicly demonstrating the work or media. In contrast to the previous composition, special subjects are provided here, i.e. Only those officials and legal entities whose responsibilities include prevention or preventing insult. As such persons, editors of magazines, newspapers, issuing editors on radio and television.
4. The solution to the issue of initiation of cases in accordance with the rules is related to the competence of the prosecutor. This category of cases of administrative offenses is considered by the judges ().
Article Art. 5.61 Code Russian Federation On administrative offenses (hereinafter referred to as the Administrative Code of the Russian Federation) provides administrative responsibility for insulting.
Insult is expressed in action - humiliation of honor and dignity of the face in indecent form. Insult is a negative assessment of the personality of the victim and the degrading and dignity in indecent form.
For a more accurate understanding that such an insult needs to know the meaning of the concepts of honor and dignity.
Honor is a moral category, reflecting nobility, honesty. It is often determined through dignity, but honor is the assessment of the personality from other persons, society as a higher value. At the same time, it should be emphasized that the honor is formed by the citizen himself, his behavior, attitude towards other persons.
The dignity of personality is the assessment of the victim's own qualities, but such self-esteem is based on the objective characteristics of a citizen, his spiritual appearance, a decent lifestyle, social significance of the individual.
Mandatory criterion for the composition of the administrative offense, provided for by Art. 5.61 of the Administrative Code of the Russian Federation is the presence of an indecent form in the actions of a subject, the absence of which eliminates the qualifications of an offense as an insult. The determining value in solving the question of the presence of either the absence of the branch of the offense provided for by Art. 5.61 The Administrative Code of the Russian Federation is not the personal perception of the act by the victim as a degrading and dignity, and whether this act was expressed in indecently. In the sense of the law, the cynical, deeply contrary to moral norms, the rules of behavior in society, the form of humiliating handling of man should be considered indecent. The establishment of this feature is a matter of fact and is solved by the law enforcement, taking into account all the circumstances of the case.
The subject of insult can be any physical clemented facehaving reached the sixteen years of age.
Insult entails the imposition on the offender of an administrative penalty: on citizens in the amount of from one thousand to three thousand rubles; on officials - from ten thousand to thirty thousand rubles; On legal entities - from fifty thousand to one hundred thousand rubles.
Part 2 of Art. 5.61 The Administrative Code of the Russian Federation provides for a qualified composition of the administrative offense under consideration - an insult contained in a public speech that publicly demonstrated the work or media. His qualifying sign is the publicity of bringing offensive actions, which allows to humiliate the victim to other persons. For this, the guilty uses a public speech or publicly demonstrated work or media. These actions entail the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; On legal entities - from one hundred thousand to five hundred thousand rubles.
In addition, h. 3 Art. 5.61 The Administrative Code of the Russian Federation provides administrative responsibility for non-acceptance of measures to prevent insult in publicly demonstrating the work or media. These actions entail the imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand rubles; on legal entities - from thirty thousand to fifty thousand rubles, explained assistant prosecutor of the city of Kursk Lawyer 3 grade Artem Cofanov.
Lovers of obscene expressions and fading turns in Russia have always grabbed, the good of the language of communication since sincerversion was famous for his vocabulary and expressiveness of the revolutions used. Nevertheless, the demand for language also always attended and sometimes, in certain periods of history, the payback could be harsh and inevitable. But, despite the change of political regimes and the device of the Russian state, the problem with citizens, incorrectly using the Great and Mighty Russian, remained. Consider what is fraught with verbal disrespect for personality, and what amount of administrative punishment for insult is threatened by the COAP of the Russian Federation?
Definition of the term
Insult is to humiliate their own honor and human dignity of any citizen, expressed in a rough shape.
The effect on the insulting of a person can occur in a secretly or public - the very essence, when considering the case by federal judicial bodies, such details do not change. All formal signs of application of insults are considered to be identified, in the case of a specific direction of actions of the offender against another citizen and such a fact cannot be subject to any doubt.
Such an offense as an insult regulates Article 5.61 of the Administrative Code of the Russian Federation.
Forms of application of insults
Insult is a kind of violent moral action, which are characterized by a sharp negative assessment of the victim by another citizen, which leads to the deprivation of self-esteem and will deteriorate a good name in the eyes of other people. Moreover, such a negative impact can be manifested as in orally, for example, in the form of verbal expressions or in writing in the form of some messages. The correction of the COAP can also be expressed as a strike with a palm in the face, spit or other similar action.
In essence, the form of insults in such cases is not so important as the fact of establishing and confirming the unlawful act. At the same time, it absolutely does not matter how objectively the verbal content of insults addressed to the victim. Any use of obscene expressions to a particular person to another citizen is interpreted by the federal court equally and is an attempt on honor and dignity of man.
The difficulty of such cases is the right interpretation of the words and expressions applied by the victim and expressions towards the victim, which far from always have a unambiguous meaning.
Rough statements in whose address - an article on the Administrative Code
Varieties of prosecuted insults
It should be noted that in the domestic jurisprudence and the relevant laws of the Russian Federation, specific categories in such affairs are identified.
Publicity
The most basic is separation on the principle of publicity or by the number of other people in one way or another method involved in the insult process.
Most often, insults on television, in the media or the Internet have all signs of a perfect offense, difficulties are only an explanation of the wording. It is more difficult to deal with insulting expressions or actions without witnesses, when "communication" guilty with the use of abnormative vocabulary and the victim occurs alone. Usually in such cases the guilty recognizes the presence of an intentional action and is aware of the fact of applying insults to another person. In this case judicial authorities Qualify the case as an insult on the Administrative Code, and the culprit is made by the appropriate administrative punishment in the form of a fine.
Civilian, legal or official
There is a certain dependence of the size monetary recovery From the actual position of the punishable person in society and business. So, for example, the smallest penalty for such an offense threatens to civilian. At the same time, in the same case for legal entity Its size can be maximum for such misconduct.
In addition, there is a kind of as an insult in the performance of official duties. In such a case, they are considered completely unacceptable as the faded expressions towards the official and obscene words from the person who is in the performance of official duties. The case in such situations can go to a qualitatively different level in the scope of articles of the Criminal Code. In such cases, it is hardly possible to get rid of the permissions in such cases, and it may well end the punishment in the form of imprisonment and a concrete detention period.
The size of penalties for the application of insults
In "simple" cases under the COAP of the Russian Federation, an insult under Article 5.61 is punishable by an administrative fine in the following sizes:
- From 1,000 to 3 000 rubles for civilians;
- From 10,000 to 30,000 rubles for officials;
- From 50,000 to 100,000 rubles for legal entities.
The amount of the fine increases significantly in cases of submission of public insults, namely, when such an act takes place in the media, public speeches or is demonstrated by another public method:
- From 3,000 to 5,000 rubles for civilians
- From 30,000 to 50,000 rubles for officials
- From 10,000 to 500,000 rubles for legal entities.
For inconsistency, the lack of control and the connivance of involved official and officials with a similar offense can shift the ruble. The size of the administrative fine in this case will be:
- From 10 000 to 30 000 rubles for officials
- From 30,000 to 50,000 rubles for legal entities.
In addition, in some cases, the Federal Court may decide on the recovery of moral damage to the victim. As a result, a solid amount of cash compensation to the offended person may well be.
It is hardly worth risking its financial welfare and peace of mind for the sake of spontaneous emotional burst. It is much better to learn how to restrain yourself and do not succumb to the minute weaknesses, which will then have to regret.
Video: Insult an official in execution
Citizen instead administrative responsibility According to the Administrative Offer, faults criminal under the Criminal Code.
The need to attract responsibility for insult may arise in everyday life of each of us. Household conflict, official relations, publications in the media - to offend anyone and anyhow.
In this article, I will tell you how to achieve justice and punish the person who admitted an insult.
○ Insult and slander.
Until 2010, an insult was a criminal offense, the responsibility for which was occupied according to the norms of criminal law. However, in 2010, this composition was excluded from the list of criminal acts and he became an administrative offenseThat, on the one hand, has a positive impact on the number of prosecution involved in connection with the simplification of the procedure of production, and on the other hand, it also had a negative impact on the number of offenses.
Alas, the administrative punishment is not so severe, as a criminal, and the possibility of obtaining a criminal record for insulting attacks was a deterrent. Nevertheless, the responsibility for insult exists and prescribed in Art. 5.61 Administrative CodeYes, and after bringing to justice, no one prevents the claim for compensation for moral damage caused by an insult.
According to the provisions of this article, under the insult, the humiliation of dignity and honor should be understood individualwhich should be expressed in indecent form. Under an obsception, obscene should be understood as an expression or phrase, which contradicts the norms generally accepted in society and negatively characterize a person.
Insult may be conjugate with slander - i.e. The spread of knowingly false, degrading information of information, but neither an insult is not part of a slander, neither slander is not included in the insult, remaining independent compositions of the COPA and the Criminal Code of the Russian Federation.
○ responsibility for insulting.
✔ Administrative responsibility.
Responsibility under Part 1 of Art. 5.61 Code of the Code of the Russian Federation for the so-called "simple insult" is not so and the Surov:
- Citizens can be fined up to 3 thousand rubles.
- Officials - up to 50 thousand.
- Organizations and companies - up to half a million rubles.
Minimum thresholds of fines are installed in 1000, 30 000 and 100,000 rubles, respectively, for each of the listed categories.
Almost similar sanctions are waiting for those who did not take measures to prevent the commission of insulting through the media or in the presentation shown in public or the work (Part 3 of this article), if any authority had an offender: chief editor, head of the organization, administrator or website owner , directors of a television channel or radio station, etc. It is understood that when signs of insult, the authorized persons should promote the curb of this act, if it comes to its competence - for example, refuse to publish a work or performance on the website or in the press.
For public insult, an insult in the form of publication in the media or in the work, citizens, officials and organizations is waiting for a penalty within 3-5 thousand, 10-30 and 100-500 thousand, respectively, which established part 2 of Art. 5.61 Administrative Code.
At the same time, an insult will be considered to be an insult committed by the way that allows you to know the indefinite circle of persons: during a performance, concert, through newspapers or magazines, through the Internet by publishing in open sources, etc. Insult, applied, for example, on the street or in personal correspondence in the network public cannot be considered.
Example:
In the Kaluga region, two citizens J. and S., who live in the neighborhood, matured among themselves, after which I installed indecent status in Odnoklassniki in relation to its neighbor S., and C., in turn, sent to the cell phone I . Obscene message in SMS. In the future, citizens appealed to the prosecutor's office and on the results of the investigation of the case regarding them were transferred to the world court. I. was found guilty of h. 2 tbsp. 5.61 Code of Administrative Offenses of the Russian Federation, that is, for a public insult, and suffered a penalty of 3 thousand rubles. C. was punished with a fine of 1 thousand rubles for a simple insult.
✔ Criminal liability
Despite the fact that an insult is an administrative offense, being committed with respect to some individuals this act can be qualified as a crime.
So, for insulting a police officer or other representative of power, that is, persons empowered with respect to citizens and organizations that are not directly from him in direct service dependence, are sanctions in the form of a fine of up to 40 thousand rubles or correctional work with a duration of no more than a year (Article 319 of the Criminal Code of the Russian Federation).
Example: In the Perm Territory, a citizen on the street, passing by the investigative actions of the investigator of the local ROVD, allowed himself obscene expressions in the address of the entire police department and the investigator in particular. As a result, the citizen is rapidly responsible for art. 319 of the Criminal Code of the Russian Federation and the sentence of the entire court to a fine of 10 thousand rubles.
On a separate article punishands and insulting a servicemanAnother military or direct supervisor during the universities of military service or a direct supervisor is punished with special sanctions for military personnel.
According to the standards of Art. 336 of the Criminal Code of the Russian Federation there is a restriction of PO military service for a period of six months (Part 1) or year (part 2) or placed disciplinary military part for a similar time.
Man is a social being. As Aristotle spoke, only the gods and the beasts can live outside society.
Hence the interaction of the person with other people with the help of verbal communication, i.e. words. And the words each person are perceived differently, interpreted and interpreted.
Why insults appear
At the time of increased neuropsychiatric excitability, in conflicts, people say such words about which then you can regret not only by virtue of our personal qualities, but also because the consequence of this will be attracted to administrative responsibility - an insult of the individual (Article 5.61 of the Code of Code of the Russian Federation with comments). Because to avoid punishment, it is better, as they say, "choose expressions."
Expressing words that may be interpreted as an insult, a citizen must understand that he encroaches it to honor and dignity (good name) of another person - those intangible benefitswho belong to him from birth and are to be protected.
The norm named article is aimed at protecting the personal non-property rights of citizens. Based on the law, indecent is considered openly pronounced, cynical, contrary to public morality, a form of communication, humiliating for humans.
How to protect yourself from insults?
How is the protection of these rights and the attraction of a person for administrative responsibility going on?
- The first thing to be done is to write these persons who heard an insult, they know about the circumstances of the happening, were eyewitnesses of the conflict.
- The second is to write a statement to the prosecutor's office of the area where an insult occurred, as it was the prosecutor (deputy) is authorized to make decisions on the affairs of this category.
In accordance with the requirements of Art. 28.4 Administrative Code, the prosecutor in the presence of foundations is obliged to arouse the case of an administrative offense.
For this, he makes decrees in which:
- date and place creating a resolution,
- position, surname and initials of the person who has compiled a protocol
- information about the person in respect of which the administrative offense case was initiated,
- surnames, names, patronymic, addresses of the place of residence of witnesses and victims, if there are witnesses and victims,
- place, time of committing and an event administrative offense,
- article COAP RF or the law of the constituent entity of the Russian Federation, providing for administrative responsibility for this offense,
- an explanation of an individual or legal representative of a legal entity in respect of which the case was initiated,
- other information required for the permission of the case.
Responsibilities of the prosecutor
What time frame is to follow the prosecutor when this resolution is issued, which replaces the protocol on an administrative offense?
According to Art. 28.5 Administrative Code, the ruling is made immediately, if no additional clarification is required.
If you need to clarify the circumstances of what happened or data on the physical person, in respect of which the case of an administrative offense is initiated, the ruling is made within two days from the date of detection of an administrative offense.
I note that in practice, this period is not respected, but his violation does not entail the confession of invalid procedural actions of the prosecutor.
It happens that the prosecutor first sends a statement to the police for the proceedings and polling of all persons, and already makes a decision.
Based on Art. 28.2 Administrative Code, the ruling of the prosecutor or his deputy is drawn up with the participation of a person in respect of which proceedings in the case of an administrative offense.
The physical person or legal representative of a legal entity in respect of which the work of an administrative offense was initiated, the possibility of familiarizing with the Administrative Offencing Protocol.
These individuals are entitled to provide explanations and comments on the content of the Protocol (part 4 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation) and attach them to it.
The protocol can be compiled in the absence of stakeholders, if such did not appear to the prosecutor.
This is possible only if an individual, legal representative individual or legal representative of a legal entity in installed manner The discovery of the administrative offense on the case of the administrative offense (part 4.1 of Art. 28.2 of the Code of Administrative Code of the Russian Federation) was notified.
Within three days from the date of drawing up a protocol on an administrative offense, its copy is directed to the person in respect of which it is compiled.
Thus, the above rules provide a person involved in administrative responsibility, the ability to protect their rights and legitimate interests, as well as to take direct participation in the decision to initiate an administrative offense case.
After making a resolution, the prosecutor sends the material to the magistrate, it is he who is authorized to consider such things, and at the place of the offense.
The place of administrative offense is the place of the unlawful action regardless of the place of its consequences. If such an act is common, then the end of the end of the unlawful activity is indicated, its preventiveness.
If the offense is committed in the form of inaction, then the place of its commission should be considered the place where the action was to be committed, the duty entrusted to face.
If the face attracted has not reached the age of age, then, in accordance with Article 23.2 of the Administrative Code of the Russian Federation, consideration of cases of administrative offenses committed by persons from 16 to 18 years (including the cases listed in parts 1 and 2 of article 23.1 of the Code of Administrative Medical Unit) Competence of commissions on juvenile affairs and protect their rights.
Responsibilities of the judge
What should the judge find out in case of proceedings? First of all it is:
- the presence of an administrative offense event;
- determine the person who has committed unlawful actions (inaction), for which the present code or the law of the subject of the Russian Federation provides for administrative responsibility;
- guilt of a person in committing an administrative offense;
- circumstances mitigating administrative responsibility and circumstances aggravating administrative responsibility;
- the nature and amount of damage caused by the administrative offense;
- circumstances excluding the proceedings in the case of an administrative offense;
- other circumstances that are important for the right permission of the case, as well as the causes and conditions of administrative offense.
What evidence is all proved?
Any actual data, on the basis of which the judge establishes:
- the presence or absence of an administrative offense event,
- guilt of the person involved in administrative responsibility,
- other circumstances that are important for the right permission of the case.
These data are established by the Administrative Offense Protocol and other minutes provided for by the Administrative Code of the Russian Federation, the person's explanations in respect of which proceedings on the administrative offense, the testimony of the victim, witnesses, the conclusions of the expert, other documents, as well as testimony of special technical means (audio recording on the phone ), real evidence.
Under what circumstances the court can recognize the guilt?
Under what circumstances the Court may recognize the perpetrators of administrative offense?
The limitation period of attraction to administrative responsibility for insult is 3 months, that is, insulted on July 11, 2018 someone - October 11, 2018 the last day, when the court can punish.
The necessary sign of the composition of the administrative offense in the form of insult is the negative assessment of the person, which should be expressed exclusively in indecent form.
For the onset of responsibility under Part 1 of Art. 5.61 Administrative Code of the Russian Federation must be established in controversial statements at the same time:
- linguistic signs of insults
- linguistic signs of indecent form of expression.
The expressed replica must necessarily be individually defined and contain a negative assessment of the identity of the victim. In addition, these estimates should be deliberate to humiliate the honor and dignity of another person and in indecent form.
The humiliation of part and dignity is a negative assessment of the person in generalized form, aimed at its discreditation, undermining a person's authority, both in the eyes of others and in its own, since honor and dignity are moral categories associated with the assessment of a particular person surrounding and self-esteem. .
Insult is a negative assessment of the person, which should be expressed exclusively in indecent, that is, in openly cynical form, contrary to the universal requirements of the morality and the adopted manner of communication between people. This is a prerequisite for this composition of the administrative offense.
Occurrent speech is not against a particular person, does not form the composition of the administrative offense. For example, used simply for ligament words or as a stress response.
In our culture, words, expressions and forms containing obscenity are in indecent.
Vocabulary divide on:
- regulatory (permissible everywhere);
- an abnormative (what is not just outside the norms of the literary language, but unacceptable in society).
Most often, obscene vocabulary is considered to be an insult, since it is absolutely unacceptable not only in public and public use, but also in any form of oral or written speech, in any situation.
Obscene are words denoting:
- male, female sexual body;
- process of system;
- a woman, a leading slutty lifestyle;
- all single words of the specified words.
For example, the rude motivation to action ("I went to ... from here", etc.) will be qualified as an insult.
Arbitrage practice
In the process of trial, one side called another "scum". The offender stated that the word is "literary" and, in general, there was a "speech ability". But the conclusion of the expert showed that the statement of the "tiller" in the context under study is offensive and faded, contradicts moral standards of behavior, contains a negative, humiliating assessment of the personality, detracting with honor and dignity expressed in indecent form.
Or another thing: during watching video, it was established that negatively characterizing the behavior of one person, the applicant used the words "as a professional set." The court considered this phrase the identical phrase "selling woman." This conclusion is not confirmed by evidence. Ethical-linguistic expertise on the case was not conducted. Information about the fact that the intelligent Russian dictionaries include this word to fad or obscene, there is no resolution in the text, because the court ruling was canceled.
The insult was recognized by the courts such words as: "You see, what goats we work,", "juvenile pallet", "bastard".
In Russian, the word "bastard" is interpreted as a person with low, animal instincts, geeks, underdeveloped, a worthless person, that is, the use of this word to a citizen testifies to a sharply negative assessment of his personality, which in turn is regarded as an insult.
You can offend a person not only by saying the obscene words to him in the face, but also through SMS, messengers, various chats, etc.
In addition to words, it is possible to offend and through physical impact - the so-called insult to action. It is a behavior expressed in physical impact on the victim and degrading his honor and dignity.
This form of insult includes all methods of physical, physical contact of an offender and insulted: spitches, slap, grabbing behind the nose, beard, braid, not causing physical pain, taking over a collar or "for breast", joining the hem of clothing in women, etc. .
After a person is recognized as guilty of insult, one can make a claim for monetary compensation caused by the victim of moral damage.
And, of course, it is not necessary to publicly insult a representative of the authorities when he fulfills his job duties, as it is already criminal responsibility.