PROBLEMS OF QUALIFYING THE COMPOSITION OF THE ADMINISTRATIVE OFFENSE PROVIDED FOR PART 1 ARTICLE 20.1 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION
Author(s): Semenov M.O.
Rubric: Rostrum of the young scientist
DOI: 10.21777/2587-9472-2023-1-49-55
Release: 2023-1 (36)
Pages: 49-55
Keywords: petty hooliganism, public place, category of “obscene language”, violation of public order, destruction or damage to other people’s property
Annotation: The article deals with the problems of bringing to administrative responsibility for committing petty hooliganism, provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation. Taking into account the variety of forms of manifestation of petty hooliganism, the problems associated with the presence of many evaluative concepts as part of this administrative offense are revealed. It is noted that currently the concept and content of “obscene language” is not formulated in the legislation, there is no definition of a public place, which allows the law enforcement officer to determine whether the composition of this offense is present in the acts of persons independently, at his own discretion and convictions. The study also revealed other problems associated with this administrative offense, for example, such as the lack of a differentiated approach to sentencing. The study was conducted using scientific sources, judicial practice, as well as the draft Code of Administrative Offenses of the Russian Federation. Based on the analysis, recommendations are made aimed at improving the qualification of the composition of an administrative offense provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation
Bibliography: Semenov M.O. PROBLEMS OF QUALIFYING THE COMPOSITION OF THE ADMINISTRATIVE OFFENSE PROVIDED FOR PART 1 ARTICLE 20.1 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION // Journal of Legal Sciences. – 2023. – № 1 (36). – С. 49-55. doi: 10.21777/2587-9472-2023-1-49-55