Право/5.Уголовное право и криминология

A.V. Neverova, V.V. Foya

South-Russia State University of Economics and Service

Crimes against public security and public order

One of the necessary and required conditions for normal functioning of any government is to maintain public order at the proper level. Law enforcement authorities are making considerable efforts fighting criminal violations of the rules of conduct in society - vandalism, hooliganism, riots.

However the results of criminological research suggest that crimes against public order continue to be quite common in Russia (their share in the total number of crimes is from 5 to 7% on average), more than that their quality characteristics worsen (motivation is changing as well as methods of committing, organization is growing etc.).

These crimes pose a serious danger to society as a whole, the good functioning of enterprises, organizations, institutions, causing property damage, physical or other harm to person etc.

The ability of law enforcement bodies to respond effectively to the facts of crimes against public order is limited by inadequate legal, informational and organizational support. Therefore a priority for now is to determine the optimal range of criminal law, criminological and management measures the application of which will have the most effective impact on fighting the crimes against public order.

Hooliganism (Article 213, Criminal Code). Public danger of the crime lies in the fact that the public order breaking entails breach of human rights, health, honor, dignity, peace of citizens, their conditions of life, work and rest, interests of enterprises, organizations, institutions, transport etc.

Hooliganism is a grave violation of public order which expresses disrespect for society combined with the use of weapons or objects used as weapons as a specific mode of action of the guilty person or on grounds of political, ideological, racial, ethnic or religious hatred or hostility towards any social group.

The main direct target of the crime is public order. The public order should be understood as a system, the complex of relationships between people, rules of conduct established by regulations, morals, customs, traditions providing an environment of public safety, protection of people in different spheres of life, personal integrity, the integrity of the property, the normal functioning of government and public institutions.

The objective aspect of hooliganism is expressed in grave violation of public order which expresses a clear disrespect for society. It is the use of weapons or objects used as weapons and either on grounds of political, ideological, racial, ethnic or religious hatred or hostility towards any social group.

It is important that the actions were committed by a person convicted of hooliganism rather than personal hostile relations.

Subject of crime under article 213 of the Criminal Code is a person who is over 16.

From the subjective side the crime is characterized by direct intention.

Vandalism (Article 214, Criminal Code). Social danger of vandalism as opposed to hooliganism implies that these actions not only seriously violate public order and peace of citizens, norms of public morality but also cause damage to property by the desecration of buildings and other structures, property damage in transport or in other public places. It should be noted that vandalism cause spiritual harm to society.

Elements of vandalism are expressed in actions that offend public morality: the desecration of buildings or other structures, in property damage to public transport or in other public places.

Subject of crime is a person who is over 14.

The subjective aspect of vandalism is characterized by direct intention.

Thus crimes against public order and morality are acts violating social norms of life, work and rest.

Crimes against public order are usually characterized by deliberate form of guilt. According to the object of encroachment we can distinguish crimes against public peace, crimes against the moral norms of society; crimes of cultural values encroachment.

Crimes against public safety include group violations of public order, mass disorders. They are actions of the crowd accompanied by pogrom, arson, capture of buildings, personal violence, public incitement to riot.

Among crimes against the moral norms of society the most common are hooliganism, flagrant violation of public order based on explicit contempt for society.

Elements of vandalism are assaults, property damages, riots, acts of shameless mockery at sick, elderly or helpless persons.

A distinctive feature of the crime is purely internal motivation for misbehavior namely incivility, cruelty, bad manners, contempt for society and individual.

Along with hooliganism the crimes of this group include the desecration of the graves; cruelty to animals, import, manufacture or distribution of products that promote a subculture of violence and cruelty; import, manufacture or distribution of pornographic materials, the creation or maintenance of brothels and trading in prostitution, prostitution, involvement of juvenile in crime, alcohol abuse.