Course work|Criminal law

Course Hooliganism

Authorship: Infostore

Year: 2015 | Pages: 34

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Introduction

Chapter 1. Theoretical and regulatory foundations of the concept of hooliganism

1.1. General legal characteristics of hooliganism, its signs

1.2. The problem of decriminalization of hooliganism

Chapter 2. Genesis, evolution and current state of hooliganism

2.1. History of legislative regulation of hooligan actions in pre-revolutionary Russia

2.2. Evolution of criminal liability for hooliganism in Soviet Russia (1917-1991)

2.3. Criminal liability for hooliganism in post-Soviet Russia from 1991 to the present day

Conclusion

References

Relevance of the topic. For Russia, the phenomenon now called hooliganism has been inherent since time immemorial. "Hooliganism is a new word, but not a new social phenomenon, it has always existed under the name of mischief, tyranny, street ugliness, etc." [1] The name of this characteristic of our society to this day variety of anti-social behavior came to our country relatively recently-at the end of the XIX century.

The chosen topic of the course work is very relevant in modern conditions, since the fight against crimes that infringe on public order has a long history. Even in the Cathedral Code of 1649, there were a number of articles that established criminal liability for such acts.

The document, called the "Charter of the Deanery, or Police", which was approved by Empress Catherine II on April 8, 1782, contained a direct ban on " committing criminal crimes against the people's silence "(Article 230), although the list of acts contained those that were not directly related to the violation of public order[2].

During the judicial reform of 1861-1864, according to Article 38 of the Statute on Punishments, "for quarrels, fights, fisticuffs or other kind of violence in public places and in general for violating public silence," the perpetrators were punished (although very insignificant-arrest for a period not exceeding seven days or a monetary penalty not exceeding twenty-five rubles). Under the same article, punishment could be imposed in cases where "a whole crowd of people will participate in violations, which will not disperse at the request of the police" [3]. This act is more consistent with such a crime as mass riots (Article 212 of the current Criminal Code of the Russian Federation[4]). Thus, there was no classification of violations that are now called criminal hooliganism at that time.

In the domestic legislation of the post-revolutionary period, hooliganism was first singled out as an independent composition. However, in the Criminal Code of the RSFSR of 1922, hooliganism was placed in section 5 "Other attacks on the person and her dignity". This section, along with the four previous ones, was combined with chapter V "Crimes against life, health, freedom and dignity of the individual". In the Criminal Code of the RSFSR, approved by the Supreme Soviet of the RSFSR on October 27, 1960, which with numerous amendments and additions was in force until January 1, 1997, hooliganism was defined as "deliberate actions that grossly violate public order and express clear disrespect for society" (Part 1 of Article 206 of the Criminal Code of the RSFSR).

An undoubted achievement of domestic legal thought was the construction of a modified composition of hooliganism in the Criminal Code of the Russian Federation of June 13, 1996 (entered into force on January 1, 1997). The composition of hooliganism in both the original and new versions is found in Chapter 24 "Crimes against Public Safety", which is located in Sec. IX "Crimes against public safety and public order". In the original version of part 1 of art. 213 of the criminal code hooliganism was defined as “a gross violation of public order expressing clear disrespect for society, accompanied by violence against citizens or threat of its use, as well as the destruction or damage of another's property”. The same act was recognized as qualified if it was: a) committed by a group of persons, a group of persons by prior agreement or an organized group; b) connected with resistance to a representative of the authorities or another person performing duties for the protection of public order or suppressing a violation of public order; c) committed by a person previously convicted of hooliganism (Part 2 of Article 213 of the Criminal Code of the Russian Federation). Hooliganism committed with the use of weapons or objects used as weapons was considered particularly qualified (Part 3 of Article 213 of the Criminal Code of the Russian Federation).

The Federal Law of December 8, 2003 "On Amendments and Additions to the Criminal Code of the Russian Federation"[5] has slightly changed the definition of hooliganism in comparison with the previous one. Thus, in accordance with Part 1 of Article 213 of the Criminal Code of the Russian Federation in the new edition, hooliganism is defined as a " gross violation of public order, expressing a clear disrespect for society, committed with the use of weapons or objects used as weapons." Part 2 of the same article defines as qualified hooliganism "the same act committed by prior agreement or by an organized group of persons or associated with resistance to a representative of the authorities or another person performing duties to protect public order or prevent a violation of public order".

In the new version of Article 213 of the Criminal Code of the Russian Federation, two changes are noticeable. First, decriminalized actions that, although they violate public order, were carried out without the use of weapons or objects used as such. And, secondly, in the disposition of part 1 of this article, there is no such sign of hooliganism as accompanying actions that grossly violate public order, using violence against citizens or threatening to use it, as well as destroying or damaging someone else's property.

Theoretical basis of the study. Russian Russian hooliganism In his research on hooliganism, J. Bugaisky claimed that this word was introduced into Russian literature by a certain Dioneo (a popular London correspondent of Moscow liberal newspapers) in one of his articles published in "Russian Wealth" [6]. At the same time, P. Lublin associated the appearance of this term with the name of the St. Petersburg mayor Von Wahl, who in 1892 took measures against gangs of rapists, whom he called hooligans in his order. The police introduced the word to the masses[7]. However, the widespread acceptance of hooliganism occurred somewhat later in the early 19th century, due to a sharp increase in the number of hooliganism.

Cthe content of this course work * trace the history of the development of criminal liability for hooliganism.

Tasks (main issues to be developed (investigated)):

  1. Give a meaningful description of hooliganism, consider its signs.
  2. To investigate the problem of decriminalization of hooliganism.
  3. Consider the history of legislative regulation of hooligan actions in pre-revolutionary Russia.
  4. To trace the evolution of criminal liability for hooliganism in Soviet Russia (1917-1991).
  5. Criminal liability for hooliganism in post-Soviet Russia from 1991 to the present day is being investigated.

Object of research public relations that regulate criminal liability for hooliganism, from the time of pre-revolutionary Russia to the present.

The subject of the study the evolution of criminal liability for hooliganism.

Methodological basis of the study. Disclosure of the topic is made from the positions of general scientific methods (sociological, system, statistical), general logical methods of theoretical analysis, private scientific methods.

The structure of the course of the study It is subject to the logic of the study, is determined by the goals and objectives of the work and consists of an introduction, two chapters divided into paragraphs, a conclusion and a list of references.

  1. The Constitution of the Russian Federation (adopted by popular vote 12.12.1993) (as amended, amended Laws of the Russian Federation on amendments to the Constitution of the Russian Federation from 30.12.2008 № 6-FKZ, from 30.12.2008 № 7-FKZ, from 05.02.2014 No. 2-FKZ) // ATP ConsultantPlus
  2. Criminal Code of the Russian Federation. The official text. Moscow: NORMA-INFRA-M, 2001. – 110 s.
  3. Code of the Russian Federation on Administrative Offenses of 30.12.2001 No. 195-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on 20.12.2001) (current version of 30.03.2015). – – Article 5123.
  4. Federal Law of December 8, 2003 "On Amendments and Additions to the Criminal Code of the Russian Federation" / / SZ RF. – 2003. – № 50. – Art. 4848.
  5. Borisov S. V. Hooliganism: criminal-legal and criminological aspects: Dis. ... cand. the faculty of law. sciences'. – M., 2005. – 212 p.
  6. Borovikov V. B. Crimes against public safety. Lecture. – M., 1999. – 312 p.
  7. Bugaysky Ya. Hooliganism as a socio-pathological phenomenon. – Moscow, 1957. – 632 p.
  8. Grigoryan K. V. Some problems of optimizing the practice of applying criminal law norms on responsibility for hooliganism. – 2015. – No. 12. – p. 54.
  9. Dolgova A. I., Argunov Yu. N., Orlov S. A. Changes in crime in Russia. – M., 1994. – 690 pp.
  10. Commentary of the Criminal Code of the RSFSR. – Moscow: Yurid. izd-vo NKYU SSSR, 1946. – 420 s.
  11. Krasikov Yu. A. Disorderly Conduct. Its essence, causes and prevention. – Saratov, 1966. – 381 p.
  12. Lange N. Research on the criminal law of Russian Truth. – St. Petersburg, 1964. – 389 p.
  13. Leykina N. S. Criminal-legal fight against hooliganism. Dis. ... cand. the faculty of law. sciences'. – Leningrad, 1947. – 218 p.
  14. Luchinsky N. F. Measures to combat idleness and hooliganism // Prison bulletin. – 1985. – No. 3. – pp. 566-577.
  15. Lublin P. Hooliganism and its social and everyday roots / / Hooliganism and hooligans. – Moscow, 1969. – p. 38.
  16. Machinsky V. Why was hooliganism decriminalized? / The rule of law. – 2004. – No. 6. – p. 3.
  17. Review of the supervisory practice of the Judicial Board on Criminal Cases of the Supreme Court of the Russian Federation for 2010. – 2011. – No. 9. – p. 17.
  18. Review of the Moscow Metropolitan World Congress on the ministerial bill on measures to combat hooliganism. – 1963. – No. 3. – p. 235.
  19. Ragulin A.V., Egorov V. S. Criminal liability for hooliganism: Dis. ... cand. the faculty of law. sciences'. – M., 2000. – 276 p.
  20. Ragulin A.V., Borisov S. V. Hooliganism: criminal-legal and criminological aspects: Dis. ... cand. the faculty of law. sciences'. – M., 2005. – 283 p.
  21. Russian legislation of the X-XX centuries. Legislation of the period of formation of absolutism. – M., 1986. Vol. 4. – 812 p.
  22. Russian legislation of the X-XX centuries. Vol. 5: Legislation of the heyday of absolutism. Moscow: Yuridicheskaya literatura, 1987. – 1445 p.
  23. Russian legislation of the X-XX centuries. Vol. 8: Judicial reform. Moscow: Yuridicheskaya literatura, 1991. – 843 p.
  24. Sarkisov G. S. Prevention of violations of public order. – Yerevan, 1972. – 321 p.
  25. Collection of documents on the history of criminal legislation of the USSR and the RSFSR. 1917-1952. – 1723 p.
  26. Code of Laws of the Russian Empire. Code of Criminal Laws. – St. Petersburg, 1973. – 1399 pp.
  27. Cathedral Code of 1649 2nd ed. Imperial Academy of Sciences, 1957. – 217 p.
  28. Tagantsev N. S. Charter on punishments imposed by Justices of the Peace. – 1985. Ed. XVIII. – 431 p.
  29. Criminal law. Special part. T. 2 / Under the editorship of L. D. Gauhman and S. V. Maksimova. – Moscow: MI-Ministry of interior of Russia, 2009. – 619 p.
  30. Criminal Code. – St. Petersburg, 1963. – 289 p.
  31. Chronological collection of laws, decrees of the Presidium of the Supreme Soviet and resolutions of the Government of the RSFSR. Vol. V. 1959. – 1799 p.

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