ADMINISTRATIVE OFFENSES,

INFRINGING ON PUBLIC ORDER

AND PUBLIC SAFETY

Art. 20.1 Code of Administrative Offenses of the Russian Federation. Petty hooliganism

The fact is that citizen Ivanov I.I. 03/03/11 at 20:45, while in the “Impulse” bar, located in Sovetsky on the street. Oktyabrskaya, while intoxicated, addressed to the bartender A.N. Petrova. expressed himself in obscene language and did not respond to repeated demands from citizens to stop illegal actions.

The fact is that on 03/21/11 at about 19:30 on the porch of the “October” cultural center, located in the village. Soviet citizen Ivanov I.I. used obscene language, insultingly pestered citizens, grabbed the hands of young women passing by, and blocked the passage. He did not respond to repeated demands from citizens to stop illegal actions.

The fact is that citizen Ivanov I.I. 03/21/11 at 19:30, while in the “Impulse” bar, located in the village. Sovetsky on the street. Oktyabrskaya, while intoxicated, addressed to the bartender A.N. Petrova. expressed obscene language, waving his arms, broke three bottles of beer on the counter, thereby causing material damage in the amount of 123 rubles. He did not respond to repeated demands from citizens to stop illegal actions.

The fact is that citizen Ivanov I.I. 03/20/11 at 17:00 on the fence of household No. 34 on the street. Oktyabrskaya in r.p. The Soviet wrote obscene inscriptions with obscene content in black paint.

The fact is that on March 21, 2005 at 7:30 p.m. on the Renaissance Square bus in Yoshkar-Ola, citizen Ivanov I.I. used obscene language, insultingly pestered citizens, and grabbed passers-by by the hands. He responded to the police officer’s repeated demands to stop illegal actions with obscene language and continued to use obscene language,

It is offensive to pester citizens, i.e. committed an offense under Art. 20.1 part 2 of the Code of Administrative Offenses.

Art. 20.20 Code of Administrative Offenses of the Russian Federation. Drinking beer and drinks

Manufactured on its basis, alcoholic and

Narcotic drugs or psychotropic substances

In public places

The fact is that on June 17, 2011 at 1:00 p.m. on the playground of the kindergarten “Delfinenok”, located in Yoshkar-Ola on the street. Khorosheva, citizen Ivanov NI. drank beer "Volzhanin" / Art. 20.20 Part 1 of the Code of Administrative Offenses of the Russian Federation/

The fact is that on March 19, 2005 at 11:25 a.m. in a recreation park located in the village of Sovetsky, citizen Ivanov I.I. on a bench he drank alcoholic beverages /vodka/, i.e. committed an administrative offense under Art. 20.20 part 2 of the Code of Administrative Offenses of the Russian Federation.

The fact is that on March 19, 2005 at 11:25 a.m. in a recreation park located in the village of Sovetsky, citizen Ivanov I.I. on a bench prepared for drinking together with citizen A.N. Petrova. alcoholic products /vodka/. Art. 20.20 part 2 of the Code of Administrative Offenses of the Russian Federation.

The fact is that on March 19, 2005 at 12:15 p.m. at the stadium located in Sovetsky village, Ivanov I.I. used intoxicating substances /by inhaling vapors from Moment glue/ part 3 tbsp. 20.20 Code of Administrative Offenses of the Russian Federation.

Art. 20.21 Code of Administrative Offenses of the Russian Federation. Appearance in public places

Intoxicated

The fact is that on 03/12/05 at 17.45 minutes on the street. Alexandrov near house No. 8, Volzhsk, citizen Ivanov I.I. was in a state of intoxication that offends human dignity and public morality /dirty, wet, unbuttoned clothes, appearance causes disgust and disgust, impaired coordination of movement, unsteady gait, incoherent speech, strong smell of alcohol from the breath/

Art. 20.22. Code of Administrative Offenses of the Russian Federation. The appearance of minors in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places

The fact is that on 03/19/11 at 12:15 on the landing between the 2nd and 3rd floors in entrance No. 2, building 8 on the street. Alexandrova, Volzhsk, minor Ivanov I.I. used intoxicating substances / by inhaling vapors from Moment glue.

The fact is that on 03/18/11 at 20:05 in the recreation center “October”, located in the village of Sovetsky, minor Ivanov I.I. was in a state of intoxication that offends human dignity and public morality /unbuttoned clothes, impaired coordination of movement, unsteady gait, incoherent speech, smell of alcohol on the breath/.

According to the complaint about the post-renewal under Art. 20.12 part 2 of the Code of Administrative Offenses of the Russian Federation

In case No. 12-1038/11

Accepted Cherdaklinsky District Court (Ulyanovsk region)

1. Judge of the Cherdaklinsky District Court of the Ulyanovsk Region Ulanov A.V.,
2. with the participation of representative Ermolaev A.Yu. - Stolyarov S.Yu.
3. under secretary Mironova A.E.,
4. having considered in open court the complaint of Ermolaev A.Yu. on the Resolution of the head of the OOP of the Ministry of Internal Affairs of Russia “Cherdaklinsky” dated October 21, 2011 on the involvement of Ermolaev A.Yu. to administrative liability under the Code of Administrative Offenses of the Russian Federation

5. Installed:

6. By the resolution of the head of the OOP of the Ministry of Internal Affairs of Russia “Cherdaklinsky” dated October 21, 2011, Ermolaev A.Yu. was found guilty of committing an administrative offense under the Code of Administrative Offenses of the Russian Federation and was given an administrative penalty in the form of a fine in the amount of 1,000 rubles.
7. Disagreeing with the said Resolution, Ermolaev’s representative A.Yu. filed a complaint in court, in support of which he indicated that Ermolaev owns several types of weapons for which he has the appropriate permits. He knows the rules for handling firearms and ammunition, including the rules for transporting and handling firearms with a rifled barrel, since he has more than 10 years of experience as a hunter and is a member of two hunting societies. During the entire period of ownership of rifled weapons, they did not commit any violations of the legislation of the Russian Federation on weapons, or administrative violations related to the rules for storing weapons and hunting.
8. On October 20, 2011, during an inspection by inspector X* A.S. weapons and ammunition belonging to him, the carbine was stored separately from the ammunition in two cases, while the carbine was in an unloaded state, cartridges for the specified weapon were stored in the original packaging separately from the carbine. This fact was reflected by him in his explanations to the protocol in the presence of numerous witnesses. Conclusion of violation by Ermolaev A.Yu. rules for the transportation of weapons and ammunition does not correspond to reality and is not confirmed by anything.
9. He considers the decision made against him in the case of an administrative offense to be cancelled, and asks that the proceedings in the case be terminated.
10. At the court hearing, Ermolaev’s representative A.Yu. - Stolyarov S.Yu. supported the arguments of the complaint, gave similar testimony set out in the application and asks to recognize protocol No.... dated October 20, 2011, issued by the inspector of the ULRR of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region regarding Ermolaev A.Yu. as illegal.
11. Resolution of the head of the PLO of the Ministry of Internal Affairs of Russia “Cherdaklinsky” dated October 21, 2011, by which Ermolaev A.Yu. was found guilty under the Code of Administrative Offenses of the Russian Federation and was sentenced to a fine of 1,000 rubles - cancel, the case was terminated.
12. At the court hearing, witness X* A.S. - ULRR inspector of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region, explained that on October 20, 2011, he took part in the raid together with forestry workers. In the evening, they discovered a UAZ car moving across the field, which they stopped. A dead boar was found inside the car, after which they began to check the documents of those in the car. When he began to check Ermolaev’s weapon, he took the gun out of the case and, after reloading, pulled out the cartridge and put it in his pocket. Believes that the cartridge was live. He did not remove this cartridge. He drew up a protocol for the seizure of the cartridge, but then he threw it away and did not attach it to the case materials.
13. Subsequently, an operational investigation team was called in, which began to interview people in the UAZ and process the seizure of the guns. He did not take Ermolaev’s gun into his hands; the investigative task force was engaged in confiscating the gun. As a result of the measures taken, he drew up a protocol against Ermolaev and the witnesses signed it.
14. Witness M* S.Yu. He testified to the court that on October 20, 2011, he took part in a raid together with police officers as a public ranger. In the evening, they discovered a UAZ car moving across the field, which they stopped. A dead boar was found inside the car, after which police officers began checking documents and interviewing people in the UAZ. Arriving at the Cherdaklinsky District Department of Internal Affairs, at the request of the police officers, he signed a report stating that one of the hunters had a loaded weapon. He himself was not an eyewitness to the presence of a cartridge in Ermolaev’s gun.
15. Witness D* V.N. testified to the court that on October 20, 2011, he took part in the raid together with police officers as a forestry employee. They were divided into two groups. In the evening, the second group discovered a UAZ car moving across the field, which was stopped. After some time, they arrived at the place of detention. Police officers inspected the guns and interviewed the hunters. He himself was not an eyewitness to the discovery of cartridges in Ermolaev’s gun; he signed the report at the request of the police officers.
16. After listening to the testimony of the participants in the trial and examining the materials of the case, the court comes to the following conclusion.
17. According to the Code of Administrative Offenses of the Russian Federation, violation of the rules for transporting weapons and ammunition for them entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
18. From the contested decision in the case of an administrative offense it follows that the witnesses (attesting witnesses) in this offense are M* S.Yu. and D* V.P. who, as they explained in court, were not eyewitnesses to the finding of a cartridge in the gun belonging to Ermolaev, signed the report only at the request of the police officers.
19. In accordance with the Code of Administrative Offenses of the Russian Federation, it follows that:
20. 1. A person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established.
21. 2. A person against whom proceedings are being conducted for an administrative offense is considered innocent until his guilt is proven in the manner prescribed and established by a decision of the judge, body, or official who examined the case that has entered into legal force.
22. 3. A person brought to administrative responsibility is not required to prove his innocence, except for the cases provided for in the note to
23. 4. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.
24. According to the Code of Administrative Offenses of the Russian Federation, material evidence in a case of an administrative offense means the instruments or objects of an administrative offense, including the instruments or objects of an administrative offense that have retained its traces.
25. Physical evidence, if necessary, is photographed or recorded in another established way and attached to the case of an administrative offense. The presence of material evidence is recorded in the protocol on an administrative offense or in another protocol provided for by this Code.
26. According to the Code of Administrative Offenses of the Russian Federation, it follows: that 1. Seizure of things that were instruments of committing or subjects of an administrative offense, and documents that have the value of evidence in a case of an administrative offense and discovered at the scene of the commission of an administrative offense or during a personal search, search of things on an individual , and inspection of the vehicle, is carried out by the persons specified in Articles 27.2, 27.3, 28.3 of this Code, in the presence of two witnesses.
27. 2. Seizure of things that were instruments of committing or subjects of an administrative offense, and documents that have the value of evidence in a case of an administrative offense and discovered during an inspection of the territories, premises and goods, vehicles and other property belonging to a legal entity, as well as the corresponding documents, is carried out by the persons specified in Article 28.3 of this Code, in the presence of two witnesses.
28. 4. If necessary, when seizing things and documents, photography, filming, video recording, and other established methods of recording material evidence are used.
29. 6. The protocol on the seizure of things and documents contains information about the type and details of the seized documents, the type, quantity, and other identification features of the seized items, including the type, brand, model, caliber, series, number, and other identification features weapons, the type and quantity of ammunition.
30. However, when examining protocol No.... dated October 20, 2011, in the column “attached to the protocol,” the seizure protocol is indicated and subsequently crossed out. As explained by the ULRR inspector of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region Kh* A.S., he drew up a protocol for the seizure of the cartridge, but he then threw it away and did not attach it to the case materials, which indicates improper collection and recording of evidence.
31. In addition, during the examination of the rejected material after the shooting of the wild boar, no evidence was established about the presence of a cartridge in Ermolaev’s gun, including when drawing up a protocol for examining the scene of the incident.
32. Thus, the protocol No.... dated October 20, 2011, available in the case materials, issued by the inspector of the ULRR of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk Region regarding A.Yu. Ermolaev cannot be evidence of a violation of the rules for transporting weapons and ammunition.
33. In this regard, the court considers that Ermolaev A.Yu is guilty of committing an administrative offense under

Full text of Art. 12.20 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 12.20 of the Code of Administrative Offenses of the Russian Federation.

Violation of the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles -
entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.

(Paragraph as amended by Federal Law of June 22, 2007 No. 116-FZ; as amended by Federal Law of July 23, 2013 No. 196-FZ.

Commentary on Article 12.20 of the Code of Administrative Offenses of the Russian Federation

1. The objects of the offense in question are public relations in the field of road safety.

2. From the objective side, the administrative offense provided for in this article consists of violating the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles.

Clause 19 of the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1883 N 1090 (as amended and additionally), sets out the rules for the use of external lighting devices and sound signals. So, in particular, in the dark and in conditions of insufficient visibility, high and low beam headlights must be turned on on all motor vehicles and mopeds; on trailers - side lights. High beams should be switched to low beams in populated areas, if the road is illuminated, when passing oncoming traffic in order to avoid dazzling drivers of both oncoming and passing vehicles. When stopping and parking at night on unlit sections of roads, the side lights must be turned on. When driving during daylight hours, low beam headlights must be turned on on motorcycles and mopeds, when driving in an organized transport convoy, when organizing groups of children in buses or trucks, when transporting dangerous, large and heavy cargo, when towing motor vehicles . In addition, when driving during daylight hours, in order to indicate a moving vehicle, low beam headlights must be turned on when driving outside populated areas. Rules for using a spotlight, searchlight, fog lights, etc. have also been established.

Sound signals can be used only in two cases: a) to warn other drivers of the intention to overtake outside populated areas; b) when it is necessary to prevent a traffic accident.

The rules for the use of emergency warning lights and warning triangles are formulated in paragraph 7 of the Rules of the Road. Thus, the hazard warning lights must be turned on in case of: a) a traffic accident; b) forced stop in places where stopping is prohibited; c) blinding of the driver by headlights; d) towing (on a towed vehicle).

After turning on the hazard warning lights, as well as if they are malfunctioning or missing, a warning triangle must be immediately displayed in the event of an accident, as well as in case of a forced stop in places where it is prohibited.

3. The subject of the commented administrative offense is the drivers of vehicles.

4. From the subjective side, the administrative offense in question can be committed either intentionally or through negligence.

5. Cases of administrative offense are considered by the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service (DPS), his deputy, and traffic police officers with a special rank (Article 23.3).

Consultations and comments from lawyers on Article 12.20 of the Code of Administrative Offenses of the Russian Federation

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VIII. Requirements for drawing up a protocol on an administrative offense under Art. 20.20 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
8.1. Article 20.20 of the Code of Administrative Offenses of the Russian Federation “Drinking beer and drinks made on its basis, alcoholic and alcohol-containing products, or consumption of drugs or psychotropic substances in public places” provides for liability for:

under Part 1 - for drinking beer and drinks made on its basis, as well as alcoholic and alcohol-containing products with an ethyl alcohol content of less than 12 percent of the volume of finished products in children's, educational and medical organizations, on all types of public transport (public transport) city and suburban traffic, in cultural organizations (with the exception of organizations or public catering establishments located in them, including those without the formation of a legal entity), physical education, health and sports facilities.

under Part 2 - for drinking alcoholic and alcohol-containing products with an ethyl alcohol content of 12 percent or more of the volume of the finished product on the streets, stadiums, squares, parks, in a public vehicle, and in other public places (including those specified in Part 1 of the article 20.20), with the exception of trade and public catering organizations where the sale of alcoholic beverages by the glass is permitted.

under Part 3 – for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or the consumption of other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle, as well as in other public places.

8.2. The purpose of this article is to ensure, through administrative means, that citizens observe public order and public morality, and protect the rights and freedoms of man and citizen from attacks on a healthy lifestyle.

8.3. Public places specified in Part 1 are children's, educational and medical organizations, all types of public transport in urban and suburban communications, cultural organizations (with the exception of organizations or public catering establishments located in them, including those without the formation of a legal entity), sports and recreational facilities and sports facilities. Public places where drinking alcohol and consuming intoxicating substances is prohibited include the following: streets, parks, squares, courtyards, entrances, stairwells, elevators of residential buildings; entertainment enterprises (theatres, cinemas, palaces of culture); beaches, other public places. These include areas that are usually not considered public places, but become such during citizens’ leisure time.

8.3. Based on part 1 of Art. 20.20 of the Code of Administrative Offenses of the Russian Federation, it is impossible to hold accountable a minor who drinks beer simply on the street or in the courtyard of a residential building, as well as in other public places that are not listed in the above list, despite the official federal prohibition enshrined in Federal Law of the Russian Federation of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products”, according to which it is not allowed to consume (drink) beer and drinks made on its basis by minors in any in public places.

If drinking beer or alcoholic beverages is accompanied by obscene language, offensive harassment of citizens or other similar actions that demonstratively violate public order and tranquility of citizens, then the person may be brought to administrative responsibility for petty hooliganism under Art. 20.1 of the Code.

8.4. The objective side of the offense provided for in Part 3 is the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or the consumption of other intoxicating substances in public places. The definition of narcotic drugs and psychotropic substances is established by Federal Law of January 8, 1998 No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”.

8.5. The evidence base when initiating proceedings under Art. 20.20 of the Code of Administrative Offenses of the Russian Federation may be:

Protocol on the seizure of things;

Certificate of medical examination for intoxication;

8.6. Depending on the circumstances of the administrative offense committed, the event of the administrative offense provided for in Parts 1,2,3 of Art. 20.20 Code of Administrative Offenses of the Russian Federation, it may be indicated:

example of event No. 1 (part 1, article 20.20)

“05/17/2013 at 15:00 Ivanov I.I., while in public transport, namely on a city bus on route 27 operating in the city of Izhevsk, drank an alcoholic drink - a Blazer cocktail containing ethyl alcohol 9%";

Example of event No. 2 (Part 1, Article 20.20)

“02/02/2013 at about 19:00 Ivanov I.I., being in the premises of an educational institution, namely, the State Educational Institution of Secondary Professional Education “Izhevsk Medical College” named after. F. Pushina, located at the address: Izhevsk, st. Krasnogeroyskaya, 12, drank beer of the Baltika brand, with an ethyl alcohol content of 4.4%;

example of event No. 3 (part 2, article 20.20)

“09/04/2013 at 16:50 Ivanov I.I., while at a public transport stop at the address: ____________, was drinking an alcohol-containing drink, vodka “Lednik”, volume 0.5 liters, ethyl alcohol content 40%”;

example of event No. 4 (part 3, article 20.20)

“01/01/2013 at 19:00 Ivanov I.I., being near the house____________________, inhaled vapors of the intoxicating substance “Toluene”.

example of event No. 5 (part 3, article 20.20)

“01/01/2013 at 19:00 Ivanov I.I., being near the house ___________________, inhaled vapors of Moment glue for the purpose of intoxication.”

IX. Requirements for drawing up a protocol on an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base

9.1. Article 20.21. The Code of Administrative Offenses of the Russian Federation “Appearing in public places while intoxicated” provides for liability for appearing on the streets, stadiums, squares, parks, in a public vehicle, or in other public places in a state of intoxication that offends human dignity and public morality.

9.2. Taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, in the event of an administrative offense provided for in Article 20.21. Code of Administrative Offenses of the Russian Federation, it is mandatory to indicate:

What was the insult to human dignity and public morality? A feature of the objective side of this administrative offense is that a citizen is in a public place not just drunk, but in such a state of intoxication that offends human dignity and public morality in particular, can be held accountable if the potential offender: is in a public place in a state of intoxication, while having an indecent appearance (untidy appearance, causing disgust and disgust; dirty, wet, unbuttoned, dressed inside out clothes); due to intoxication, the person has completely or significantly lost the ability to navigate (stands aimlessly or also moves aimlessly from place to place, coordination of movements is impaired and, as a result, instability, staggering gait); complete helplessness of a drunk (being in a public place in an unconscious (lying down) state), etc.
9.3. The evidence base when initiating proceedings under Art. 20.21 of the Code of Administrative Offenses of the Russian Federation may be:

Protocol on administrative violation;

Protocol on administrative detention, if the person was subjected to such;

Report on the identification of an administrative violation event;

Explanations of the person held accountable (minor);

Messages (appeals, letters) containing data indicating the presence of an administrative offense event;

Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);

Copies of identification documents;

Characteristics of the person against whom administrative proceedings are being initiated (characteristics can be either personal or from the place of work or study);

Information about the financial and property status of the person held accountable;

Protocol on the seizure of things;

Certificate of medical examination for alcohol intoxication

- information about the income of the person brought to administrative responsibility;

Other documents relevant to the case.
9.4. When transferring a minor to parents (legal representatives), the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
9.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation, it may be indicated:

example event #1

“04/21/2013 at 22:00, minor Ivanov A.A. was near the Aikai store, located at the address: Izhevsk, st. Sovetskaya 80, intoxicated. When walking, he staggered from side to side, a strong smell of alcohol emanated from the minor, and he was dressed in dirty, unkempt clothes. With his appearance he insulted human dignity.”

Example event #2

“Ivanova I.I., born 08/11/1997, 08/24/2013 at about 17:00 on the territory of the educational institution GOU NPO “PU No. 1”, namely on the territory of the dormitory of GOU NPO PU No. 1, located at address: Izhevsk, st. Azina, 1, was in a state of alcoholic intoxication, which offends human dignity and public morality. When walking, the minor staggered from side to side, in addition, a strong odor of alcohol emanated from her. With her appearance she insulted human dignity and public morality.”
X. Requirements for drawing up a protocol on an administrative offense under Art. 20.22 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
10.1. Article 20.22. The Code of Administrative Offenses of the Russian Federation “The appearance of minors in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places”, provides for liability for the appearance in a state of intoxication of minors under the age of sixteen years of age, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle , in other public places.
10.2. Since Article 20.22 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of legal representatives for offenses by minors, in the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation must necessarily indicate:

The age of the minor, i.e. date of birth (day, month, year);

Type of alcoholic and alcohol-containing products, narcotic drugs or psychotropic substances, intoxicating substances, which must be checked against existing lists;

A place where a minor appeared in a state of intoxication, drank beer, drinks made on its basis, alcoholic or alcohol-containing products, used narcotic, psychotropic, or intoxicating substances.
10.3. The evidence base when initiating proceedings under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation may be:

Protocol on administrative violation;

Protocol on administrative detention, if the person was subjected to such;

Report on the identification of an administrative violation event;

Explanations of the person held accountable (legal representative);

Explanations of the minor;

Messages (appeals, letters) containing data indicating the presence of an administrative offense event;

Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);

Copies of identification documents;

Protocol on the seizure of things;

Certificate of medical examination for intoxication

Note: serves as evidence subject to obtaining the voluntary informed consent of a minor or his legal representatives for medical intervention, as well as in other cases provided for in Art. 20 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”;

Information about the income of the person brought to administrative responsibility;

Other documents relevant to the case.
10.4. When transferring a minor to parents (legal representatives), the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
10.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, it may be indicated:

example event #1

“Kuznetsova I.I. is the mother of the minor Kuznetsov A.A., born September 14, 1999, a student of the Municipal Educational Institution “Secondary School No. 1”, who on March 25, 2010 at 12:00, while in a public place, near the house ____________, was drinking beer.”

Example event #2

“Ivanov I.I., is the legal representative (father) of the minor Ivanova A.A., born December 12, 1999, a student of municipal educational institution “Secondary School No. 1”, who on October 10, 2013 at 22:20, was at the house _________________, in a state of intoxication.”

XI. Final provisions
11.1. These Recommendations have been developed for use by commissions on the affairs of minors and the protection of their rights of the Udmurt Republic.

11.2. These Recommendations provide examples of events of administrative offenses provided for in Art. 5.35, 6.8, 6.9, 6.10, 20.1, 20.20, 20.21, 20.22 of the Code, however, when indicating in the protocol on administrative offenses the event of an administrative offense, it is necessary to proceed not only from the provisions of the Recommendations, but, first of all, from the requirements of the current Code of Administrative Offenses of the Russian Federation, in particular Part 2 Art. 28.2. and the content of the article, which provides for liability for one or another type of offense.

11.3. These Recommendations provide the types of documents that can serve as evidence of events of administrative offenses, however, the collection, synthesis and analysis of their relevance, admissibility and sufficiency for legal proceedings in the case of an administrative offense should be carried out by employees of the Departments for Minors and Commissions for Minors and protection of their rights depending on the specific circumstances of the case and the conditions in which their collection and registration took place.

New edition of Art. 20.12 Code of Administrative Offenses of the Russian Federation

1. Transfer of weapons -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.

2. Violation of the rules for transporting weapons and ammunition for them -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

3. Violation of the rules for the use of weapons and ammunition for them -

shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or deprivation of the right to acquire and store or store and carry weapons for a period of one to two years.

Commentary on Article 20.12 of the Code of Administrative Offenses of the Russian Federation

1. The object of an administrative offense is the social relations that have developed in the sphere of arms circulation.

2. The objective side of the first commented article is expressed in the transfer of weapons, that is, in the sending of weapons as luggage without proper escort.

3. The objective side of the second part of Article 20.12 is a violation of the rules for transporting weapons and ammunition for them. The procedure for transporting weapons is regulated by Federal Law of November 13, 1996 N 150-FZ “On Weapons”, Decree of the Government of the Russian Federation of July 21, 1998 N 814 “On measures to regulate the circulation of civilian and service weapons and cartridges for them in the territory of Russian Federation", regulatory legal acts of the Ministry of Internal Affairs of Russia.

It is necessary to distinguish violation of the rules for the transportation of weapons from the illegal transportation of weapons, which is classified according to the provisions of the Criminal Code. Therefore, an important condition for bringing to administrative responsibility is the availability of permission to store and transport weapons.

4. The objective side of part three is the violation of the rules for the use of weapons and ammunition for them. Weapons can be used only in cases specified by law. The use of weapons should not harm the legitimate rights and interests of the individual, society and the state.

5. The subject of an offense can be citizens and officials.

6. From the subjective side, the offense is intentional.

7. Protocols on administrative offenses are drawn up by officials of internal affairs bodies.

8. Cases of administrative offenses provided for in the commented article are considered by officials of internal affairs bodies. Cases of offenses provided for in parts 1 and 3 can be considered by judges if officials refer them to a judge for consideration.

Another comment on Art. 20.12 of the Code of the Russian Federation on Administrative Offenses

1. The object of the offenses for which liability is provided for in this article is public order and public safety, the established procedure for the circulation of weapons.

Article 6 (clause 4) of the Federal Law “On Weapons” establishes a ban on the transfer of weapons.

2. The objective side of the offense provided for in Part 1 of this article is the illegal action of sending civilian and service weapons contrary to the established prohibition. In this case, the transfer of weapons should be distinguished from transportation and transportation (see commentary to Part 2 of this article). Forwarding would be, for example, sending weapons through postal networks. Moreover, the ban on transfer is established in relation to civilian and service weapons (Article 6 of the Federal Law “On Weapons”). The transfer of weapons of other types, as well as civilian and service weapons, which entailed consequences of a certain degree of severity, is qualified in accordance with the norms of the Criminal Code.

3. The subjects of the offense provided for in Part 1 of this article are citizens of the Russian Federation who legally possess weapons (see paragraph 7 of the commentary to Article 20.8), who have transferred weapons (if these actions do not fall under the provisions of the Criminal Code of the Russian Federation - see . paragraph 2 of the commentary to this article), foreign citizens who acquired civilian weapons on the territory of the Russian Federation under licenses issued by internal affairs bodies on the basis of requests from diplomatic missions of foreign states in the Russian Federation, of which they are citizens, or imported sporting and hunting weapons to the territory of the Russian Federation in the presence of an invitation from a legal entity that has a hunting license, a hunting contract with the specified legal entity or an invitation to participate in sporting events and the corresponding permit from the Ministry of Internal Affairs of the Russian Federation, who have transferred weapons (unless this act is subject to qualification in accordance with with the norms of the Criminal Code of the Russian Federation or is not subject to international norms). Citizens who own weapons illegally and who transfer them bear criminal liability.

4. The subjective side of the offense provided for in Part 1 of the article in question is characterized by guilt in the form of intent; the person is aware of his actions and wants to commit them.

5. The objective side of the offense provided for in Part 2 of this article is expressed in an action (inaction) that violates the established rules for the transportation and transportation of weapons and ammunition for them. Moreover, it should be noted that we are talking specifically about violation of rules, and not about illegal transportation, since actions to implement the latter are qualified in accordance with the norms of the Criminal Code of the Russian Federation (Part 1 of Article 222).

Article 27 of the Federal Law “On Weapons” provides for the seizure by internal affairs bodies of weapons and ammunition in case of violation of the rules for the transportation and transport of weapons established by this Law and other regulatory legal acts of the Russian Federation before a final decision is made in the manner established by the federal legislation of the Russian Federation.

The validity period of a transportation permit is established by the internal affairs body when issuing it based on the calculation of the real time required to deliver weapons and ammunition to their destination, but not more than one month.

The validity period of permits can be extended by the internal affairs body that issued it, in the form established by the Ministry of Internal Affairs of the Russian Federation.

The issuance of permits for the transportation of weapons and ammunition (cartridges), in replacement of previously issued ones, upon expiration of their validity period, can be carried out by city (including district in cities), district and linear internal affairs bodies along the route upon application of an accompanying person or carrier (customs carrier ) weapons and ammunition (cartridges) in cases of circumstances arising that caused a significant delay in the route or reloading of weapons and ammunition (cartridges) onto a new vehicle.

7. Neither the disposition nor the sanctions of Part 2 of this article indicate the subjects of the offense. Obviously, they can be citizens of the Russian Federation and foreign citizens (see paragraph 3 of the commentary to this article), who have reached the age of eighteen, possess weapons legally (see paragraph 7 of the commentary to Article 20.8), who have violated the rules of transportation, transportation weapons and ammunition for them.

In contrast to Article 173 of the Code of Administrative Offenses of the Russian Federation of the RSFSR, which provided for the administrative liability of special entities in Parts 3 and 4, Part 2 of the commented article does not establish such liability. At the same time, persons responsible for the transportation and transportation of weapons must comply with these rules, since this is part of their job responsibilities, and bear administrative liability for their violation (unless criminal liability is provided).

8. The subjective side of the offense provided for in Part 2 of this article is characterized by both intentional and careless forms of guilt.

9. The objective side of the offense provided for in Part 3 of the commented article can be expressed in action (inaction).

10. The subjects of the offense provided for in Part 3 of this article are citizens of the Russian Federation who have reached the age of eighteen, who have the right to own and use weapons, foreign citizens (see Article 14 of the Federal Law “On Weapons”) and officials whose duties include use of weapons who violated the rules for the use of weapons and ammunition (unless their actions entail criminal liability).

11. The subjective side of the offense provided for in Part 3 of the commented article can be expressed both in the form of intent and negligence.

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