Approximate plots of administrative offenses. Penalty for blinking high beams
ADMINISTRATIVE OFFENSES,
ATTACKING PUBLIC ORDER
AND PUBLIC SAFETY
Art. 20.1 of the Code of Administrative Offenses of the Russian Federation. Petty hooliganism
The fact that citizen Ivanov I.I. 03/03/11 at 20:45, being in the bar "Impulse", located in the village of Sovetsky on the street. Oktyabrskaya, in a state of intoxication to the bartender Petrova A.N. was expressed in obscene language, did not respond to the repeated demands of citizens to stop illegal actions.
The fact that on March 21, 2011 at about 7:30 pm on the porch of the Oktyabr Palace of Culture, located in the village of Soviet citizen Ivanov I.I. he used obscene language, insultingly pestered citizens, grabbed the hands of young women passing by, and blocked the passage. He did not respond to the repeated demands of citizens to stop illegal actions.
The fact that citizen Ivanov I.I. 03/21/11 at 19 hours 30 minutes, being in the bar "Impulse", located in the r.p. Soviet on the street. Oktyabrskaya, in a state of intoxication to the bartender Petrova A.N. expressed foul 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 the repeated demands of citizens to stop illegal actions.
The fact that citizen Ivanov I.I. 03/20/11 at 5:00 pm on the fence of household number 34 on the street. Oktyabrskaya in r.p. The Soviet wrote obscene inscriptions of obscene content, in black paint.
The fact that on 21.03.05 at 19 hours 30 minutes on the bus stop "Renaissance Square" in the city of Yoshkar-Ola, citizen Ivanov I.I. used foul language, insultingly pestered the citizens, grabbed the hands of passers-by. To the repeated demands of the police officer to stop illegal actions, he answered with foul language and continued to use foul language,
It is insulting to pester citizens, i.e. committed an offense under Art. 20.1 part 2 KRFoAP.
Art. 20.20 Administrative Code of the Russian Federation. Drinking beer and drinks
Manufactured on its basis, alcohol and
Narcotic drugs or psychotropic substances
The fact that on June 17, 2011 at 1300 hours on the playground kindergarten"Dolphin", 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 /
In that 19.03.05 at 11 hours 25 minutes in the recreation park, located in the village of Sovetsky, citizen Ivanov I.I. on a bench he drank alcoholic products / vodka /, i.e. committed an administrative offense under Art. 20.20 part 2 of the Code of Administrative Offenses of the Russian Federation.
In that 19.03.05 at 11 hours 25 minutes in the recreation park, located in the village of Sovetsky, citizen Ivanov I.I. on a bench prepared for drinking together with a citizen Petrova A.N. alcoholic products / vodka /. Art. 20.20 h. 2 Administrative Code of the Russian Federation.
The fact that 19.03.05 at 12 hours 15 minutes at the stadium, located in p. Soviet, Ivanov I.I. used intoxicating substances / by inhalation of vapors of Moment glue / part 3 of Art. 20.20 Administrative Code of the Russian Federation.
Art. 20.21 Administrative Code of the Russian Federation. Appearance in public places
In a state of intoxication
The fact that 12.03.05 at 17.45 minutes on the street. Alexandrova near the house number 8, Volzhsk, citizen Ivanov I.I. was in a state of intoxication that offended human dignity and public morality / dirty, wet, unbuttoned clothes, appearance causes disgust and disgust, impaired coordination of movement, unsteady gait, incoherent speech, a sharp smell of alcohol from the mouth /
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 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 that on March 19, 2011 at 12:15 pm on the landing between the 2nd and 3rd floors at entrance No. 2, house 8 on the street. Alexandrov, Volzhsk minor Ivanov I.I. used an intoxicating substance / by inhaling the vapors of Moment glue.
The fact that 18.03.11 at 20 hours 05 minutes in the Palace of Culture "October", located in the village of Soviet, minor Ivanov I.I. was in a state of intoxication that offended human dignity and public morality /opened clothes, impaired coordination of movement, unsteady gait, incoherent speech, smell of alcohol from the mouth/.
1. Shipment 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 the weapon.
2. Violation of the rules of transportation, transportation of weapons and cartridges to them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
3. Violation of the rules for the use of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or the deprivation of the right to acquire and keep or keep and bear arms for a term of one to two years.
Commentary on Art. 20.12 Administrative Code of the Russian Federation
1. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.
Legal entities have the right to transport their weapons and ammunition on the basis of permits issued by the internal affairs bodies in the manner established by the Ministry of Internal Affairs of the Russian Federation.
To transport weapons and ammunition, legal entities are required to:
- coordinate with the internal affairs bodies at the place of registration of weapons and cartridges the route and mode of transport;
- equip vehicles in accordance with the requirements for the transport of dangerous goods;
- to ensure the escort of parties of firearms in the amount of more than 5 units or cartridges in the amount of more than 400 pieces along the route by guards in the amount of at least 2 people armed firearms. Sportsmen, coaches and other employees of sports organizations and educational institutions engaged in sports or physical culture and health-improving and sports and pedagogical work that are associated with the use of sporting firearms, and appointed responsible for the transportation of such weapons and (or) cartridges;
- transport weapons and ammunition in their original packaging or in special containers, which must be sealed or sealed.
During transportation, the weapon must be in a discharged state separately from the cartridges.
When transporting batches of weapons or cartridges, vehicles must be technically sound, the possibility of a visual review of the cargo and free access to it by unauthorized persons is excluded.
In cases of transportation of weapons and ammunition by a convoy of more than 2 vehicles, their protection is provided by an escort group of at least 3 people armed with firearms, following on a specially designated vehicle.
When there are signs of an autopsy vehicle transporting weapons and ammunition, damage to containers, violations of prints of seals or seals, the senior armed guard is obliged to immediately report this to the internal affairs bodies, draw up an act, take necessary measures to establish the causes of the incident and ensure the protection of the scene.
Transportation of weapons and ammunition across the territory Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition (hereinafter referred to as carriers), on the basis of transportation permits issued by internal affairs bodies in the manner determined by the Ministry of Internal Affairs of the Russian Federation.
The procedure for sending and transporting weapons and ammunition for them is regulated by Decree of the Government of the Russian Federation of July 21, 1998 N 814 “On measures to regulate the circulation of civilian and service weapon and cartridges for it on the territory of the Russian Federation", by Order of the Federal Service for Military Transport and the Ministry of Internal Affairs of the Russian Federation dated November 30, 1999 N 120/971 "On Approval of the Instructions on the Procedure for Transportation by Aircraft civil aviation weapons, ammunition and cartridges for it, special means transferred by passengers for temporary storage for the period of the flight.
the objective side offense characterizes the action associated with the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and cartridges for it.
2. The subject of this offense is an individual who has reached the age of 18, as well as a legal entity.
From the subjective side, the commission of this offense is characterized by an intentional form of guilt.
ST 20.12 of the Code of Administrative Offenses of the Russian Federation
1. Shipment 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 the weapon.
2. Violation of the rules for transportation, transportation of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
3. Violation of the rules for the use of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or the deprivation of the right to acquire and keep or keep and bear arms for a term of one to two years.
Commentary on Art. 20.12 of the Code of Administrative Offenses of the Russian Federation
1. The object of an administrative offense is relations in the field of ensuring public order and public safety. The subject of an administrative offense is the rules for sending, transporting, transporting or using weapons and ammunition for them.
2. The objective side of the offense is characterized by actions related to:
Sending weapons (part 1);
Violation of the rules for the transportation, transportation of weapons and ammunition for them (part 2);
Violation of the rules for the use of weapons and ammunition for it (part 3).
3. Subjects administrative offenses are citizens who have reached the age of 18 and have a permit to store weapons, as well as legal entities.
4. From the subjective side, an administrative offense is characterized by both intentional and careless forms of guilt.
5. Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3 of the Code of Administrative Offenses of the Russian Federation).
6. Cases of administrative offenses are considered by officials of the internal affairs bodies (police) (Article 23.3 of the Code of Administrative Offenses of the Russian Federation), as well as (cases of violations provided for by parts 1 and 3 of Article 20.12 of the Code of Administrative Offenses of the Russian Federation) by judges, if officials of the bodies internal affairs (police) refer the case to court (part 2 of article 23.1 of the Code of Administrative Offenses of the Russian Federation).
1. According to the Federal Law "On Weapons", the transfer of weapons, as well as their transportation, transportation and use are varieties of arms trafficking.
2. In accordance with Art. 19 of the Federal Law "On Weapons", state paramilitary organizations have the right to sell or transfer the combat small arms and edged weapons they have in their arsenal in the manner established by the Government of the Russian Federation, or sell their civilian and service weapons and cartridges for them to legal entities that have a license to trade in civilian and service weapons and cartridges for them.
Heads of state paramilitary organizations have the right to transfer short-barreled firearms for storage and carrying to certain categories of military personnel and employees of state paramilitary organizations who are retired, as well as temporarily issue weapons in the manner established by the Government of the Russian Federation to officials government agencies who are legally allowed to keep and carry weapons, with the issuance of appropriate permits in the manner determined by the Ministry of Internal Affairs of Russia.
On the powers of state paramilitary organizations in the field of arms trafficking, see paragraph 2 of the commentary to Art. 20.8.
3. According to paragraph 8, as well as paragraphs 23 - 25 of the Rules for the circulation of military hand-held small arms and other weapons, ammunition and cartridges for them, as well as edged weapons in state paramilitary organizations, approved by Decree of the Government of the Russian Federation of October 15, 1997 N 1314 (as amended by Decree of the Government of the Russian Federation of November 2, 2000 N 838), the transfer of weapons must be formalized with documents of the established form, the list, form and procedure for maintaining which are determined by the regulatory legal acts of the relevant state paramilitary organizations.
4. Transportation and transportation of weapons by air, rail, water, road and other modes of transport are carried out under armed guard with the execution of relevant documents of the established form, the form and procedure for maintaining which are determined by the regulatory legal acts of state paramilitary organizations. The weapon during transportation and transportation must be in an unloaded state separately from ammunition. Weapons and ammunition must be packed in a special container, which is sealed or sealed.
In case of detection of signs of opening a vehicle carrying weapons, damage to containers, violation of prints of seals or seals, the senior armed guard is obliged to immediately inform the military commandant of the railway (water) section or station (port), the head of the station, the police department on transport, draw up an act, take the necessary measures to establish the causes of the incident and ensure the protection of the scene.
5. Transportation of weapons and cartridges on the territory of the Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and cartridges on the basis of transportation permits issued by the Department of Internal Affairs in the manner determined by the Ministry of Internal Affairs of Russia.
Without permission from the Department of Internal Affairs, citizens of the Russian Federation who legally have hunting weapons are transported weapons and cartridges to participate in hunting and sporting events on the basis of permission from the Department of Internal Affairs for the storage and carrying of weapons.
Citizens of the Russian Federation carry out the transportation of weapons in the amount of no more than five units and cartridges - no more than 400 pieces on the basis of permits from the Department of Internal Affairs for the storage or storage and carrying of the corresponding types, types and models of weapons or licenses for their acquisition, collection or exhibition. Transportation of weapons and ammunition in excess of the specified norms is carried out by citizens of the Russian Federation in the manner prescribed for legal entities.
6. General requirements on the use of weapons by citizens of the Russian Federation federal law"On Weapons", as well as paragraphs 32, 33 of the Rules for the circulation of military hand-held small arms and other weapons, ammunition and cartridges for them, as well as edged weapons in state paramilitary organizations.
Citizens of the Russian Federation may use their legally available weapons to protect life, health and property in a state of necessary defense or emergency. The use of weapons must be preceded by a clearly expressed warning about this to the person against whom the weapon is used, except in cases where delay in the use of weapons creates an immediate danger to human life or may entail other grave consequences. At the same time, the use of weapons in a state of necessary defense should not cause harm to third parties.
It is prohibited to use firearms against women, persons with obvious signs of disability, minors, when their age is obvious or known, except in cases when these persons commit an armed or group attack. On each case of the use of weapons that caused harm to human health, the owner of the weapon is obliged to immediately, but no later than 24 hours, report to the police department at the place of use of the weapon.
Rules for the use of sports and hunting weapon established by the legislation of the Russian Federation.
7. According to Art. 12 of the Federal Law "On Weapons" the use by legal entities with special statutory tasks of certain types and models of combat hand small arms for other purposes not provided for by federal law is prohibited.
Enterprises and organizations entrusted with the functions of protecting hunting and fish resources by the Federal Law of April 24, 1995 N 52-FZ "On the Wildlife" are allowed to purchase and use hunting weapons with a rifled barrel as a service weapon.
1. Shipment 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 the weapon.
2. Violation of the rules for transportation, transportation of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
3. Violation of the rules for the use of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or the deprivation of the right to acquire and keep or keep and bear arms for a term of one to two years.
Comments to Art. 20.12 Code of Administrative Offenses of the Russian Federation
1. This article ensures the implementation by citizens and organizations of the ban on the transfer of weapons, established by Art. 6 of the Federal Law of December 13, 1996 N 150-FZ "On Weapons" (as amended and supplemented), as well as implementation in accordance with Art. Art. 24 - 25 of this Federal Law and the regulatory legal acts of the Government of the Russian Federation of the rules for the use, transportation, transportation of weapons and cartridges for them.
2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.
3. The objective side of the offense is characterized by an action related to the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.
For example, in accordance with paragraph 66 of the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges, the expiration date, storage or use of which has expired, except in cases of research work and testing or verification technical condition weapons. The same Rules established that in order to transport weapons and cartridges, legal entities are obliged to ensure the escort of consignments of firearms in the amount of more than 5 units or cartridges in the amount of more than 400 pieces along the route by guards in the amount of at least 2 people armed with firearms, coordinate with the internal authorities cases at the place of registration of weapons and cartridges, the route of movement and type of transport, transport weapons and cartridges in their original packaging or in special containers, which must be sealed or sealed (clause 69). Carriers, after concluding agreements on the transportation of weapons and ammunition, are obliged to issue income and expenditure and accompanying documents in the manner established by the relevant federal executive authorities in agreement with the Ministry of Internal Affairs of Russia (clause 73).
It should be taken into account that the illegal transportation of weapons, their main parts, ammunition is qualified as a crime under Part 1 of Art. 222 of the Criminal Code of the Russian Federation.
4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law "On Weapons"), as well as a legal entity.
5. From the subjective side of wine legal entity recognized in accordance with Part 2 of Art. 2.1 of the Code, and the violation committed individual, is characterized by an intentional form of guilt.
6. Cases of administrative offenses are considered by officials of the internal affairs bodies (police) (Article 23.3). In addition, according to parts 1 and 3 of this article, such cases are considered by judges in cases where officials of the internal affairs bodies (police), if it is necessary to resolve the issue of imposing an administrative penalty in the form of confiscation or seizure of weapons for compensation, transfer them to the judge for consideration ( part 2 article 23.1).
Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3).
7. It must be borne in mind that the Federal Law of December 28, 2010 N 398-FZ in part 3 of the commented article made the following changes, which come into force on July 1, 2011: an alternative administrative penalty in relation to a fine is deprivation of the right for the acquisition and storage or storage and carrying of weapons, and the reimbursable seizure of weapons and ammunition related to additional punishments is excluded from the list of administrative sanctions (from July 1, 2011, Article 3.6 of the Code is recognized as invalid).
Therefore, subject to the provisions of Art. 3.8 of the Code, from July 1, 2001, officials of the internal affairs bodies (police) will refer cases of these offenses to judges for consideration if it is necessary to resolve the issue of imposing a penalty in the form of deprivation of the right to acquire and store or store and carry weapons (part 2 article 23.1).