St 561. Administrative Code

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 officials - from ten thousand to thirty thousand rubles; On legal entities - from fifty thousand to one hundred thousand rubles.

2. Insult containing in a public speech, publicly demonstrating the work or 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 of the committing an unlawful act (for example, servicemen), on persons in respect of which it is committed (judge, juror), as well as in circumstances of the commission (execution of victims official duties).

Object administrative offense are public relationsrelated 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. The objective side of the offense is expressed in the action 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, judicial practice indicates that it is necessary to prove that indecent actions that form an objective form of insults were sent to a specific person, and not the entire situation or the events in general.

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 Affairs on administrative offenses is considered by the judges ().

Under Part 1 of Art. 5.61 Administrative Code

In case number

Accepted Ust-Katavsky City Court (Chelyabinsk Region)

Judge of the Ust-Katav City Court Chelyabinsk region Pisareva L.F.,
with the secretary of Mashkova I.V.,
with the participation of the assistant prosecutor of the city of Nast-Katava Sirotina N.S.,
Persons involved in administrative responsibility Foundedova V.N., his representative, lawyer Alexandrova Yu.B., the victim FULL NAME5,
Considering Protest I.O. Prosecutor<адрес> For the decision of I.O. Job's judge litter № - World judge of the judicial district number Kozlova S.I. from DD.MM.YYYY in the case of an administrative offense against Foundanova Vladimir Nikolayevich under Part 1 of Article 5.61 of the Codecha of the Russian Federation,
Installed:
By the decision of the prosecutor<адрес> from DD.MM.YYYY in relation to Foundanova V.N. The case of an administrative offense provided for in Part 1 of Article 5.61 of the Code of Administrative Code of the Russian Federation, which indicated that V.N. DD.MM.YYYY about 20 hours the exact time during the check is not installed while being near<адрес>, deliberately, wonderedly insulted the FULL NAME5, the coarse obscene Branju, thereby humiliating her honor and dignity in indecent form.
Resolution I.O. Judge of the Judicial Area No. - World Judge of the Judicial Page No. Kozlova S.I. From DD.MM.YYYY, the proceedings in the case of an administrative offense against Foundanova V.N. In the commission of an administrative offense, provided for in Part 1 of Article 5.61 of the Administrative Code of the Russian Federation according to claim 2 of Article 24.5 of the Code of Administrative Offenses of the Russian Federation for the lack of an administrative offense.
Terminating the proceedings, the world judge substantiated its conclusions by the fact that not challenging and permissible evidence that found V.N. He insulted the FULL NAME5, not presented, because the testimony of the victim and witnesses contradict each other and their indications of the data at different stages of the process. In accordance with paragraph 3 and 4 Article.1.5 of the Administrative Code of the Russian Federation, the person attracted to administrative responsibility is not obliged to prove its innocence, the fatal doubts about the guilt of the person involved in administrative responsibility are interpreted in favor of this person. If there are contradictions in the testimony of victims and witnesses, the world judge recognized the guilt of FULL NAME17 not proven and ceased proceedings in the case of an administrative offense.
With the specified decree, I do not agree. Prosecutor<адрес> Gltedyshev A.V., asks him to cancel with the return of the case for a new consideration, since it is illegal, issued with violation of the norms of material and procedural lawThe judge is given an incorrect evidence assessment, the conclusions of the judge do not meet the actual circumstances of the case. Refers to the fact that the fact of the expression of insults is found by V.N. DD.MM.YYYY about 20 hours near<адрес> FULL NAME5 is confirmed by the materials of the case, including the testimony of the victim FULL NAME5, the witnesses of FULL NAME13, FULL NAME14, FULL NAME7 believes that the global judge unreasonably treated critically to the testimony of the victim FULL NAME5, since the lack of insults in the police department and the prosecutor's office of the wording of insults, instructions for abnormative vocabulary It cannot serve as a basis for a critical assessment of the testimony of the victim FULL NAME5 In addition, the explanation of these FULL NAME5 in the investigator cannot be evidence in the case of an administrative offense, since it has not been warned about the responsibility for the gift of obviously false testimony under Article 17.9 of the Administrative Code of the Russian Federation. The world judge refers to the testimony of FULL NAME18 in the investigator of DD.MM.YYYY, while it was also not warned under Article 17.9 of the Code of the Russian Federation, therefore, these explanations are not proof and cannot serve as a basis for a critical assessment of its testimony that it gave in the work On an administrative offense. In fact, the readings of FULL NAME5 and FULL NAME13 do not contradict their testimony in the proceedings on an administrative offense. In the course judicial trial The readings of FULL NAME19 on the expression of the foundation to the latter is not refuted. The testimony of the witness of the FULL NAME20 estimates when making a decision in the case of an administrative offense did not receive.
IN court session Assistant Prosecutor Sirotin N.S. Protest arguments fully supported.
The victim FULL NAME5 also supported the arguments of protest, showed that found DD.MM.YYYY to her address expressed insults in obscene form, for her more offensive appeared that he insulted her "fool", said that she had to be treated, so when writing Applications in the police and the prosecutor's office did not indicate that they were found in her address with obscene words.
Found V.N. With the arguments, I do not agree with the arguments, asks to leave a resolution without a change, explained that he did not insult DD.MM.YYY by obscene words. D.YYYGG, on the part of FULL NAME22, there are hostile relations for a long time. At the same time, it does not deny that asked FULL NAME23 about whether it is such a person as it indicates in the statement.
Having heard the prosecutor, found the FIO, the representative of Olienov - lawyer Alexandrov, examining the case file, testimony of witnesses FULL NAME13, FULL NAME7, FULL NAME10, FULL NAME24, which they gave when considering the case of the world judge, the arguments of the complaint, the judge believes that the foundations It is not necessary to cancel the decree on the following reasons.
In accordance with Art. 24.1 of the Code of Administrative Code of the Russian Federation, the tasks of the work on administrative offenses are comprehensive, full, objective and timely clarification of the circumstances of each case, permission to be in accordance with the law.
According to Art. 26.1 Code of Administrative Offenses of the Russian Federation, when proceedings on the case of an administrative offense, the clarification are subject to circumstances that are important for the right permission of the case, namely: the existence of an administrative offense event; guilt of a person in committing an administrative offense; Other circumstances that are important for the right permission of the case.
The accuracy of the person in committing an administrative offense is carried out on the basis of data recorded in the Administrative Offenses Protocol, the explanations of the person in respect of which the proceedings on the administrative offense are conducted, as well as on the basis of other evidence provided for by Part 2 of Art. 26.2 Administrative Code.
In accordance with Part 1 of Article 5.61, the COAP insult, that is, humiliation of honor and dignity of another person, expressed in indecent form entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles.
According to Part 1 of Art. 5.61 Code of Administrative Code Administrative responsibility for insulting occurs if the honor is humiliated and the dignity of another person, which is expressed in indecent form.
The obligatory component of this offense is an indecent form of insult.
From the presented materials it follows that FULL NAME5 appealed to the prosecutor<адрес>In which he pointed out that DD.MM.YYYH, she together with FULL NAME11, FULL NAME13, FULL NAME12, FULL NAME7 came to the house of the found in order to once again ask him to overlap the flow of water to another part of the street. During the conversation, found that as a deputy is not obliged to do this, and turning to her shouted "You're a fool! Everyone in the city knows about this, you need to be treated with any nonsense you write ... "All the listed women stood at this moment near and perfectly heard his offensive statements (ld.3). According to the Adoption Protocol oral statements About the crime from DD.MM.YYYY FULL NAME5 declared the following that DD.MM.YYYY about 20 hours found V.N. In the presence of extraneous citizens<адрес> expressed an insult to her address. (ld.32).
During the consideration of the case, the victim FULL NAME5 showed that in addition to the words indicated above, he insulted it in obscene words.
Witness FIO13 in the explanation of POM. The prosecutor showed that the foundation insulted FULL NAME25 with various words, and also sent it with obscene words (ld7). During the interrogation, as a witness, the World Judge FULL NAME13 showed that the found that she was to go, expressing obscene Brani, called, said that she had to be treated.
The witness FULL NAME14 showed that Foo26 was found in obscene words, called it fool (ld9)
The questioned witnesses of FULL NAME27 in the initial testimony, FULL Note28 showed that no one was cursed by obscene words, did not express insults.
Then, FULL NAME29 readings changed and showed that the foundations called the phio 30 woman of light behavior in obscene form, sent obscene words.
Given the initial statements by FULL NAME5, which has not clearly indicated that in relation to its found, insults were expressed in the form of obscene brani, the contradictions in the testimony of witnesses FULL NAME31, and among themselves, as well as readings FULL NAME5, as well as the testimony of the witnesses of FULL NAME32, which were also eyewitnesses of the conflict , the presence of hostile relationship between FULL NAME33, to which the last and the indicated arguments are not refuted by anyone, the state judge made a reasonable conclusion about the lack of reliable and indisputable evidence of the guilt of Foundosov V.N. In the commission of an administrative offense, provided for by Part 1 of Article 5.61 of the Administrative Code of the Russian Federation.
All the arguments of the protest are aimed at reassessing evidence, the grounds for which the judge does not see. The argument that the absence in statements of FULL NAME34 of insults, instructions for abnormative vocabulary, is not a basis for a critical assessment of its testimony, the judge considers unreasonable, since as follows from the statement and explanations of FULL NAME5, it is a veteran of the Ministry of Internal Affairs, therefore, it is reliably known to the grounds To bring to administrative responsibility for an insult, while instructions in the statement of the wording of insults, the legislation does not require, only a reference to the fact that insults were expressed in indecent form, however, such information navigate neither when submitting an application, nor at initial surveys reported.
The global judges of the decision of the ruling are correctly established and taken into account all significant circumstances and in the required amount, the evidence collected was evaluated in accordance with Art. 26.11 The Administrative Code, the norms of the law correctly applied correctly procedural disorders Not allowed. The reduced decree fully complies with the requirements of Article 26.10 of the Code of Administrative Code.
In addition, by virtue of Article 4.5, the Administrative Offenses Code of the Russian Federation cannot be submitted after two months (in the case of an administrative offense, considered by the judge, at the expiration of three months) from the date of the administrative offense. In case of refusal to initiate a criminal case or termination of a criminal case, but if there is a person's actions in the actions of the administrative offense, the timing provided for by part 1 this article, begin to calculate the decision to refuse to initiate a criminal case or its termination.
Resolution on refusal to initiate a criminal case against Foundation V.N. DD.MM.YYYY has been made, the term of attraction to the administrative responsibility is the expiration of DD.MM.YYYY.
Taking into account the above, the judge believes that the grounds for satisfying protest I.O. The prosecutor of the city of Nast-Katata is not available.
Guided by Article.30.7 Administrative Code, Judge
I decided:
Resolution of the Justice of the Judicial Area No. - I.O. Judge of the Judicial Page Region No. Kozlova S.I. from DD.MM.YYYY in the case of an administrative offense against Foundanova Vladimir Nikolayevich under Part 1 of Article 5.61 of the Administrative Code of the Russian Federation to leave unchanged, protest I.O. Prosecutor G.Ust-Katava Groundsheva A.V. - without satisfaction.
The decision comes into legal force after it is submitted.
Judge: Signature L.F. Pisareva
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1. Insult, that is, humiliation of honor and dignity of another person, expressed in indecent form, -

entails the imposition of an administrative fine 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.

2. Insult containing in a public speech, publicly demonstrating the work or media -

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 Administrative Code

1. Article 17 of the International Covenant on Civil and Political Rights and Art. The 10 European Convention on the Protection of Human Rights and Fundamental Freedoms contain provisions on protection against illegal encroachments on honor and dignity. The requirements of the specified international legal acts correspond to Art. 21 of the Constitution of the Russian Federation, according to which the dignity of the person is protected by the state. No one should be subjected to cruel or humiliating human dignity.

As indicated in the ruling Constitutional Court RF dated 28.06.2007 N 8-P, the dignity of personality is to be protected as common condition Implementation of all other rights and freedoms, regardless of the actual social status of a person, and predetermines the inadmissibility of arbitrary interference with the scope of autonomy of the individual.

The concept of "human dignity", as well as "Honor", is determined on the basis of ethical norms. These concepts apply only to the physical face.

2. Insult is a kind of mental violence, which is expressed in a negative assessment of the guilty personality of a citizen, undermines the reputation of the latter in the eyes of others and damages its self-esteem.

The objective side of the insult is actions that humble the honor and dignity of a certain person in indecent form (cynical, contrary to the established rules of behavior, the requirements of universal morality). Signs of insults are obvious only in cases where the actions of the person are directed against a certain person and there is no doubt that it is about him.

Insult may be verbally, for example, in the form of curses, or in writing in the form of notes addressed to citizen or letters of indecent content. Also, an insult can be expressed in physical actions (for example, a spit, slap). Such actions humiliate the honor and dignity of the person who, accordingly, act as the subject of this offense.

At the same time, it does not matter to insult whether the negative assessment of the personality of the citizen is the true state of affairs. The facts on which an insult is based may take place in reality (for example, an immoral lifestyle). In any case, if this assessment was expressed in indecent form and at the same time was perceived by the addressee, the perpetrator can be attracted to administrative responsibility.

The subjective side of the insult is characterized by deliberate fault: the guilty is aware of what causes an insult to another person and wants to make an appropriate act.

3. As a rule, the cases of this category are accompanied by a complex issue of determining the form and content of verbal expressions admitted to a citizen.

So, expressed by F. to P. Word, denoting the name of the animal and containing a negative assessment of personal qualities of P., used in the situation in which it is not accepted to consume it, is indecent shape and therefore is an insult (see: Orenburg Resolution regional Court from 04.10.2013 N 4A-700/2013).

As an insult is usually regarded by words related to the discharge of an abnormative vocabulary.

T. was expressed in relation to the colleague in indecent form of a rude obscene brand, having humiliated her honor and dignity, which is confirmed by the testimony of witnesses. Accordingly, T. was attracted to administrative responsibility under Part 1 of Art. 5.61 Administrative Code (see: The decision of the October District Court of Izhevsk dated July 11, 2012 No. 12-343 / 2012).

4. The commented article provides that for "simple" insult, provided for in Part 1 of the commented article, the guilty person is administrative responsibility in the form of an administrative imposition:

- on citizens (persons who have reached sixteen years) - in the amount of from one thousand to three thousand rubles;

- on officials - from ten thousand to thirty thousand rubles.

Including this refers to the placement of relevant information on publicly available sites on the Internet;

- In the media, under which according to Art. 2 of the Law of the Russian Federation of December 27, 1991 No. 2124-1 are periodic printed publications, network publications, television channels, radio channels, television programs, radio programs, video programs, filmmaker programs and other forms of periodic distribution of the media under constant name (title).

Thus, the offenses specific to the data is publicity of insults.

As indicated in the preamble to the resolution of the Plenum Supreme Court RF dated 24.02.2005 N 3 "On judicial practice For the protection of honor and dignity of citizens, as well as the business reputation of citizens and legal entities, "Art. 29 of the Constitution of the Russian Federation to everyone guarantees freedom of thought and words, as well as freedom of the media. At the same time provided by Art. Art. 23 and 46 of the Constitution of the Russian Federation the right of everyone to protect their honor and good name is the necessary restriction of freedom of speech and the media for cases of abuse of these rights.

Accordingly, the humiliation of honor and dignity of another person expressed in indecent form committed publicly is an administrative offense that entails the imposition of an administrative penalty:

- 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.

6. In part 3, the article is also involved in the failure to prevent insult in publicly demonstrating the work or media. This is applicable, in particular, to the owners of Internet resources - legal entities and to the media, if a public insult, albeit emanating from another person, has become possible as a result of their inaction.

This offense entails the imposition of an administrative penalty:

- on officials in the amount of from ten thousand to thirty thousand rubles;

- on legal entities - from thirty thousand to fifty thousand rubles. Wherein entity He is confirmed guilty of committing an administrative offense if it is established that he had the opportunity to comply with the rules and norms, for the violation of which administrative responsibility envisaged, but this person did not adopt all the measures dependent on their observance ().

8. It must be borne in mind that according to Art. 151 of the Civil Code of the Russian Federation if the citizen was caused by moral harm (physical or moral suffering) actions that violate his personal non-property rights or encroaching on citizen belonging intangible benefits (in this case, on his honor and dignity), the court may impose on a violator of the duty monetary compensation The specified harm, taking into account the degree of physical and moral suffering related to the individual characteristics of a citizen who caused harm.

Accordingly, with the proof of the fact of insulting, a citizen may apply to court with a claim for compensation for him moral harm.

Thus, the claim for compensation for moral damage was satisfied, because as a result of the guilty actions of the defendant, confirmed by entering into legal force court decisionsThe plaintiff experienced moral suffering, the presence of which is assumed when insulting (see: Determination of the Supreme Court Chuvash Republic dated 06.24.2013 in case No. 33-2126 / 2013).

- public insult to the representative of power in the performance of their official duties or in connection with their execution (Article 319 of the Criminal Code of the Russian Federation);

- Insult by one serviceman of another during execution or due to the performance of duties military service (Part 1 of Art. 336 of the Criminal Code of the Russian Federation), insult to the subordinate chief, and equal to the head of the subordinate during execution or in connection with the execution of the responsibilities of military service (part 2 of Article 336 of the Criminal Code of the Russian Federation).

In these cases, the commented article 5.61 of the COAP of Russia is not subject to application, the responsibility comes in the relevant article of the Criminal Code of the Russian Federation.

Thus, the claim for compensation for non-pecuniary damage was satisfied, because as a result of the guilty actions of the defendant, confirmed by court decisions, the plaintiff experienced moral suffering, the presence of which, when insulting, is assumed (see: Determination of the Supreme Court of the Chuvash Republic dated June 24, 2013 on the case N 33-2126 / 2013). 9. previously contained in the Criminal Code of the Russian Federation Art. 130 "Insult" was excluded paragraph 45 of Art. 1 of the Federal Law of 07.12.2011 N 420-FZ "On Amendments to the Criminal Code of the Russian Federation and individual legislative acts Russian Federation". Article 5 of this Law in the Administrative Code of the Russian Federation, a commented article was introduced. Thus, at present, an insult is not a crime, but an administrative miscider.

Article 5.61. insult

The prosecutor was then abstained by comment. When we left the judge, the prosecutor interpreted me that in Article 5.61, under insult, obscene words are understood, and the literary words are not insult. Is the right prosecutor? It turns out, for example, if I denote someone a woman of light behavior in obscene form (on the second letter of the alphabet), it will be an insult, and if we denote someone a word "prostitute" (this is a literary word), then it will not be an insult, If you express article 5.61 from the point of view of the prosecutor. But after all, in Article 5.61, it is said about the indecent form of insult and I think that the "indecent form" and "obscene form" is not the same thing.

For example, I read such an interpretation of insult is a cynical, contrary to moral standards, the rules of behavior in society a form of humiliating human treatment.

For insulting a medical worker, the patient suffered responsibility

We must remember that each of us, regardless of whether you have a medical worker, a teacher or a builder, has a legislatively reinforced right to defend its dignity and honor, publicly blamed, and no one has the right to encroach them. In case the doctor insulted, experts of the National Medical Chamber advise adhere to the following rules: first: Call as many witnesses as youselves, both doctors and patients. True, witnesses who are in the opinion of the court interested persons will not affect the court decision.

Attention

Second: if the patient began to insult you, if possible, write off the insult to the recorder, it can become material evidence. Better, if you start recording from the words "I, a doctor such, I write down a conversation with the patient to protect your rights and collect evidence." It is possible that immediately after that the situation will change dramatically.

Do not give a doctor offense

Important

As indicated in the decision of the Constitutional Court of the Russian Federation of 28.06.2007 N 8-P, the dignity of the personality is subject to protection as a common condition for the implementation of all other rights and freedoms, regardless of the actual social status of a person, and predetermines the inadmissibility of arbitrary interference with the scope of self-monomic personality. The concept of "human dignity", as well as "Honor", is determined on the basis of ethical norms. These concepts apply only to the physical face. 2.

Insult is a kind of mental violence, which is expressed in a negative assessment of the guilty personality of a citizen, undermines the reputation of the latter in the eyes of others and damages its self-esteem.

Criminal Code Part 3, but was issued reconciliation? Answers of lawyers (1)

All legal services in Moscow Representation in court administrative deeds Moscow from 25,000 rubles. Challenging fines Moscow from 15,000 rubles.

Adopted law on insulting medical workers in the workplace

Categories
Administrative law

I described all these words in a statement in the prosecutor's office, as evidence - video recording. But in the ruling of the prosecutor's office about the initiation of an administrative case against my offender, only obscene words were described, which the offender was cried, and literary insults were not indicated. In court, I drew the attention of the judge to the fact that in addition to obscene words, the offender also expressed literary words, but nevertheless offensive.

Insulting an employee at workplace (2018)

The case was initiated, and according to the results of his consideration by the global judge, the patient W. was found guilty of committing an administrative offense in accordance with Part 1 of Article 5.61 of the Administrative Code for Insult medical worker. Unfortunately, the health workers do not know mostly about their rights and are legally illiterate, and therefore the number of claims is small, reports the National Medical Chamber, whose experts are just engaged in the protection of the rights of medical workers. And this means that insults, humiliation of a doctor or nurse, the manifestation of aggression or disrespect remain unpunished and become the norm.

What, of course, does not contribute to strengthening ethical standards.

What is an insult part 1 of Art. 5.61 Code of Administrative Code?

Insult, that is, the humiliation of the honor and dignity of another person, expressed in indecent form, entails the imposition of an administrative fine 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. 2. Insult, contained in a public speech, publicly demonstrating the work or 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.
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, judicial practice indicates that it is necessary to prove that indecent actions that form an objective form of insults were sent to a specific person, and not the entire situation or the 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.
As follows from Art. 2.4 Code of Administrative Code, executive is subject to administrative responsibility if they commit administrative offense in connection with the failure or inappropriate performance His official duties. Attracting administrative responsibility in this case, in particular, if there was an insult to a citizen from the public servant when providing a state service; - on legal entities - from fifty thousand to one hundred thousand rubles (for example, if a citizen was received by a letter on behalf of a legal entity, containing offensive statements in his address). 5. In part 2 of the article commented on the insult contained: - in a public speech, for example, before the student audience, at the meeting; - In publicly demonstrated work.

Insult medical worker Article 5 61 Code

The Law of the Russian Federation dated December 27, 1991 No. 2124-1 is understood to be periodic prints, network publications, television channels, radio channels, television programs, radio programs, video programs, filmmaker programs and other forms of periodic distribution of the media under constant name (title). Thus, the offenses specific to the data is publicity of insults. As indicated in the preamble to the resolution of the Plenum of the Supreme Court of the Russian Federation dated 24.02.2005 No. 3 "On judicial practice on the protection of honor and dignity of citizens, as well as the business reputation of citizens and legal entities," Art. 29 of the Constitution of the Russian Federation to everyone guarantees freedom of thought and words, as well as freedom of the media. At the same time provided by Art. Art.

Until 2011 Insult was a criminal offense. but Federal law On December 7, 2011 N 420-FZ "On Amendments to the Criminal Code of the Russian Federation and individual legislative acts of the Russian Federation" were made amendments to the Criminal Code of the Russian Federation, the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation were decryption Some crimes, according to which a number of crimes were translated into the discharge of administrative offenses.

So, from the Criminal Code of the Russian Federation was excluded by Art. 130, envisaged criminal liability For insult, and the Code of the Russian Federation was supplemented by Article 5.61 "Insult".

According to Part 1 of Art. Art. 5.61 of the Codecha RF, insult - It is humiliation of honor and dignity of another person expressed in indecent form. Part 2 of this article contains qualified composition of the offense: Insult, contained in a public speech, publicly demonstrating 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.

In addition, Part 3 of Article 5.61 of the Administrative Code of the Russian Federation provides for responsibility for failure to prevent insulting in publicly demonstrating the work or media.

Thus, decriminalized an insult, the legislator retained in the first two parts of Art. 5.61 of the Code of Code of the Russian Federation, the signs of the former Article.130 of the Criminal Code of the Russian Federation and introduced a new composition of the administrative offense in the form of failure to prevent insult in publicly demonstrating the work or media.

Thus, it was not only the sectoral qualification of this offense, encroaching on the honor and dignity of personality, but also significantly expanded the circle of administratively punished acts covered by the composition of "insult" by the introduction of another qualified composition of the administrative offense in the form of an insult provided for by part of the third .5.61 The Administrative Code of the Russian Federation, under which the failure to prevent an insult in publicly demonstrating the work or media.

Legislator, decriminalized general composition Insults, special compositions of this crime (Article 207, 319, 336 of the Criminal Code of the Russian Federation) left as criminal offices.

Special types of insult are criminal offenses. This is, first, insulting the participants of the trial, as well as an insult of the judge, a jury, or other person who participates in the administration of justice (Article 267 of the Criminal Code of the Russian Federation). Secondly, an insult of the representative of the authorities (Article 319 of the Criminal Code of the Russian Federation). Thirdly, insulting the serviceman (Article 336 of the Criminal Code of the Russian Federation).

Object Insults are the honor and dignity of the individual. The legislator does not disclose these concepts, they are interpreted in different ways in legal literature.

Honor is a moral category, reflecting nobility, honesty. It is often determined through dignity, but the honor is an assessment of the personality by other persons, society. The advantage is the assessment of the victim's own qualities, but such self-esteem is based on the objective characteristics of the social significance of the individual. Protecting the dignity of personality, the Constitution of the Russian Federation is in rank legal axioma The provision that "nothing can be the basis for its diminution."

For more about this, see the article "Protection of honor, dignity and business reputation: the composition of the offense, law enforcement practice."

As a rule, an insult comes down to charges in any vice, qualities, actions that are condemned by society. These may be offensive expressions of a general nature, actions.

The public danger of insult is that "which is guilty denied by the value of the individual as a carrier in general human dignity in communication "( Shakhimanayev K.A. Criminal law protection of honor and dignity of personality (criminal law and criminological analysis). Author. dis. For a scientific degree competition K.Yu.N. - M., 2009. p.13.).

Victim can only be individualcapable of self-esteem with self-esteem. Such ability does not possess juvenile, mentally ill, as well as the dead people.

Absurry over the bodies of the dead forms the composition of the crime, provided for by Art. 244 of the Criminal Code. Does not be victims when insulting legal entities, as well as teams. In accordance with the standards providing for responsibility for special types of insults, victims are: judge, jury, other persons participating in the administration of justice; a representative of the authorities; serviceman.

Subject An offense becomes a sane citizen of 16 years. In part 3 of Art. 5.61 The Administrative Code of the Russian Federation provides for a special subject - an official, a legal entity, whose duties included a warning (suppression) of insults to the publicly demonstrated work or the mass media. They can be editors of newspapers, magazines, other media, other persons responsible for the preparation, the release of publicly demonstrating the work or the media.

Objective side of Delict It is characterized by actions - humiliation of honor and dignity of another person expressed in indecent form. Such actions can be committed verbally, physical action, by gestures. At the same time, the victim himself decides whether to humiliate his honor or dignity or not. When insulting the humiliation of honor and dignity is expressed in a negative assessment of the victim's personality, which undermines its prestige in the eyes of others and damages respect to itself.

For example, the Buryatia Prosecutor's Office refused to Chairman of the People's Huurala M. Hershehvich in attracting T. Nikitin to administrative responsibility in connection with the publication in May 2013. In the newspaper "Moscow Komsomolets in Buryatia" article " Folk Huhural: Comedy Masks" The basis for refusal was the absence of statements aimed at humiliation of honor and dignity of deputies expressed in indecent form.

The humiliation of honor or dignity should be expressed in indecent form, the lack of such excludes the qualifications of the 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.

The concept of "indecent form" is not legally disclosed, but under it it is understood as the action of the responsible, coarse, cynical form, contrary to the rules of conduct adopted in society or the shared majority of the members of this society, is a form of humiliating human treatment.

Today, researchers rightly note that law enforcers often face the problem of interpretation of the term "indecent form" (for example, Chekhkhimaev K.A. Criminal legal protection of honor and dignity of personality (criminal law and criminological analysis). Author. dis. For a scientific degree competition K.Yu.N. M., 2009. p.14).

An indication of the "indecent form" leads only to the emergence of numerous options for its definition, uncertainty both in theory and in practice "( Ganza Yu.V. Crimes against honor and dignity of personality: criminal law and criminological characteristic. The dissertation author's abstract on competition of a scientific degree K.Yu.N. M., 2007. p.19).

Establishment of a sign "indecent form" is a matter of fact and is solved by the law enforcement, taking into account all the circumstances of the case: the idea of \u200b\u200bthe submissions, the ethnic, professional and other characteristics of the subject and the victim, the nature of their relationship, etc. It should be noted that, according to judicial practice, it is the objective side of insult that causes the most disputes and contradictions, since judicial instances Differently assess the indecent form of insult.

Often this question (" Is the statement expressed in indecent form?") Address to linguistic experts, which is not correct. This drawback can be overcome by making changes to the current legislation specifying this provision.

If there is no subject in the subjects of the subject, it means that they do not form the composition of the offense. Thus, the prosecutor's office refused to initiate a criminal case against the Chelyabinsk blogger A. Tabalova under Article 319 of the Criminal Code in connection with the publication in October 2011. In "LJ" articles " Delivered! I'll go and vote!"Containing a statement:" Indeed, for the whole criminal offset, in the face of Evdokimov, Davydov, Motovilovyov, the ball, the forthcoming elections in the face of Evdokychy, the forthcoming, Karavaev, Mosharovy, Yuryarov, and the other».

In April 2013, the SC closed a criminal case against the Observer of the newspaper.ru of the markets for the insult of the police. The investigation came to the conclusion that the use of the words " animals», « nerludy», « beast"With regard to Rasonians is not indecent.

At the same time, the courts often make decisions questioning the wording "indecent form". For example, in November 2013. The court of Rostov-on-Don recognized the blogger S. Reznik guilty under Article 319 of the Criminal Code of the Russian Federation. The reason for the initiation of a criminal case was the publication by Reznik in the "LiveJournal" posts " Arbitration Samoram continues"And" From dirt in the prince - from priests in tops"Containing information about the chairman Arbitration Court Rostov region O. Solovyova. In particular, the judge was named " city crocodile arbitration proceedings with chicken surname"And" the content of the judicial system».

In April 2012 under art. 319 of the Criminal Code of the Russian Federation was convicted D. Shipilov, who published two posts in his "LiveJournal" Lords of Mukh.», « Says and shows"In which the criticism of the Governor of the Kemerovo region A.-G. Tuleyev and Head of the Department of Culture and National Policy of the Region of L. Zayerwine.

There is an obvious trend of making arbitrary decisions on the issue of indecent form. In the affairs of the special types Insults of the courts occupy a more demanding position.

The speech product containing the signs of the objective side of the insult includes estimated language products, and it does not matter, corresponds to a negative assessment of the victim or not. The subject's actions should reflect the negative qualities of the victim. However, a negative assessment of the person's work activity does not contain the composition of insult; Unlike slander, when an insult, the guilty reports not about specific facts, but gives an assessment of his personal qualities and behavior as a whole.

For legal qualifications, an insult should be expressed in actions that are directed personally against a particular person or specific persons.

The obscene break, testifying to the obvious disrespect for society, but personally does not insult anyone, qualifies as hooliganism (administrative and legal delic). Signs of insults are obvious only in cases where the actions of the person are directed against a certain person and there is no doubt that it is about him. If the honor and dignity of the person, which is impossible to identify as a victim from insult, is absent, the composition of the crime is absent.

So, in 1999, Kanonik E. Platonov was convicted for insult, which sent a notice to the military commissioner I. Rozkov with the inscription " You went to x * th with your army ..." The fact that if the speech product is not identified with a specific person, does not contain its negative assessment, it cannot be regarded as defamatory.

Another example, in the statement: " All these people from various social and marginal layers of society, the majority of visitors are combined by one intrusive idea - to close the Foundation. Someone for money, someone in stupidity, someone because of political ambitions, and someone - because of personal pride. But we do not understand the shit varieties" - expression " grade shit"It is offensive in meaning, but does not apply to a specific personality.

Offensive statements to a personally uncertain group of persons identified by the signs of profession, nationality, etc., the composition of insults do not form, but in some cases it can be qualified as a crime (for example, Art. 282 of the Criminal Code "Exciting hatred or hostility, but equal humiliation of human dignity ") or to form the composition of the administrative offense (for example, Article 5.62" Discrimination ").

The composition of the offense is formal. The crime is considered to be completed after performing actions, degrading the honor and dignity of personality. The onset of the consequences of humiliation of honor and dignity is not required. Insult may be expressed orally (in the form of curses, nicknames), in writing (in the form of notes, drawings), as well as in the form of physical action (slap, spitches, etc.). Actions degrading and dignity can be committed both in the presence of the victim and in the presence of third parties, including in the absence of the victim.

For example, in January 2013, a criminal case under Art. 319 of the Criminal Code was initiated against O. Romanova. The basis for this was the publication in Facebook Photos of the Police officer with a comment: " Here is this ment of bl * dy, I brought to white crown. She smoked continuously, and I went behind her and watched her cigarette bog cars».