Actual Problems of Distinguishing Petty Hooliganism Committed at the Facilities of the Moscow Metro with Related Offenses
( Pp. 48-52)

More about authors
Matyukhina Marina Gennadievna adjunct of the Department of Management of the activities of units for ensuring the protection of public order of the center of command and staff exercises
Management Academy of the Ministry of Internal Affairs of Russia
Moscow, Russia Uzdenov Rasul Magometovich Cand.Sci.(Law), Associate Professor, Associate Professor of the Department of Criminal Law
Institute of Friendship of the Peoples of the Caucasus
Stavropol, Russia
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Abstract:
Abstract: Purpose of research. The problems of distinguishing petty hooliganism committed at the facilities of the Moscow Metro with related structures often cause difficulties for law enforcers in qualifying. In this work, the authors aim to fill the most pressing gaps in this area by highlighting the specific features of the respective compositions.
The methodological basis of the presented work is formed by the dialectical method of cognition. Also, the analysis method, logical-legal and comparative legal methods were used in the study. These scientific methods were involved in the meaningful consideration of the signs of specific elements of administrative offenses.
Results. The study of the problem stated in the title of the article suggests that the composition of petty hooliganism has specific features, which, however, are not always obvious to the law enforcer.
Differentiation of the compositions of petty hooliganism, administrative insult and destruction / damage to other people's property (Article 7.17 of the Code of Administrative Offenses of the Russian Federation) should be carried out not on the basis of purpose, but on the basis of guilt. More specifically, the direction of intent.
The fundamental difference between criminally punishable vandalism and petty hooliganism is that with the latter, the perpetrator can not only damage (spoil, destroy) someone else's property, but must do this in an effort to oppose himself to others, to demonstrate a dismissive attitude towards them, which is not required in vandalism .
How to Cite:
Matyukhina M.G., Uzdenov R.M. Actual Problems of Distinguishing Petty Hooliganism Committed at the Facilities of the Moscow Metro with Related Offenses // Gaps in Russian Legislation. 2023. Vol. 16. №6. Pp. 048-052. (in Russ.). EDN: RQSMID
Reference list:
Kurakin, A. V. Administrative responsibility for petty hooliganism in transport / A. V. Kurakin // Transport Law and Security. - 2017. - No. 6(18). - P. 19-25.
Ensuring transport security in foreign countries: a comparative analysis / N. N. Pestov, V. V. Kiryukhin, O. G. Karpikhin, G. S. Golovko. - Moscow: Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2022. - 96 p.
Galetsky, V. S. Prevention of mercenary and mercenary-violent crimes at the facilities of the Moscow Metro: Abstract of the thesis. ... candidate of legal sciences: 12.00.08 / Galetsky Vitaly Sergeevich; [Place of protection: Academy of Management of the Ministry of Internal Affairs of the Russian Federation]. - Moscow, 2021. - 36 p.
Galetskiy, V. S. Preduprezhdenie korystnykh i korystno-nasil stvennykh prestupleniy na ob ektakh Moskovskogo metropolitena: avtoreferat dis. ... kandidata yuridicheskikh nauk: 12.00.08 / Galetskiy Vitaliy Sergeevich; Mesto zashchity: Akademiya upravleniya Ministerstva vnutrennikh del Rossiyskoy Federatsii . - Moskva, 2021. - 36 s.
Keywords:
administrative lawlessness, petty hooliganism, vandalism, administrative law..


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