Violation of the Procedure for Organizing and Holding Public Events (Problems of Interpretation and Application of Article 2121 of the Criminal Code of the Russian Federation)
( Pp. 253-261)

More about authors
Asnis Alexander Yakovlevich
Law Office “Asnis and Partners”
Moscow, Russia
Abstract:
The incentives for the preparation of this article were the numerous legal and technical shortcomings of Art. 2121 of the Criminal Code of the Russian Federation, which appeared in law enforcement practice; also a long-term public outcry generated by real and far-fetched problems in the application of this article. The first attempt to assess and partially eliminate these shortcomings was made by the Constitutional Court of the Russian Federation in the Decree of February 10, 2017 No. 2-P “In the case of checking the constitutionality of the provisions of Art. 2121 of the Criminal Code of the Russian Federation in connection with the complaint of citizen I.I. Dadin". Three years of experience in the application of this Resolution showed that with its help it was not possible to completely eliminate the imperfection of Art.2121 of the Criminal Code of the Russian Federation and the conflict of norms enshrined in this article, as well as in Article 20.2 of the Code of Administrative Offenses of the Russian Federation. Moreover, the Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P and the need for its correct application gave rise to a number of new problems. These problems prompted the Expert Council under the Commissioner for Human Rights in the Russian Federation to formulate and consider the most important issues of interpretation and application of Art. 2121 of the Criminal Code of the Russian Federation in connection with the adoption of this Decree. The article not only provides answers to these questions, but also reveals the contradiction of certain provisions of the Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P to the concept of «corpus delicti» that dominates the domestic theory of criminal law. The necessity of adopting a special resolution of the Plenum of the Supreme Court of the Russian Federation on the application of Art. 2121 of the Criminal Code of the Russian Federation and other articles of the Criminal Code of the Russian Federation, providing for liability for related crimes under Art. 149, 212, 213, 214, 318, 319 and 330 of the Criminal Code of the Russian Federation.
How to Cite:
Asnis A.Y., (2021), VIOLATION OF THE PROCEDURE FOR ORGANIZING AND HOLDING PUBLIC EVENTS (PROBLEMS OF INTERPRETATION AND APPLICATION OF ARTICLE 2121 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION). Gaps in Russian Legislation, 5 => 253-261.
Reference list:
Ustinova T.D. Criminal liability for repeated violation of the established procedure for organizing or holding a meeting, meeting, demonstration, procession or picketing (Article 212.1 of the Criminal Code of the Russian Federation) / T.D. Ustinova // Vestn. University named after O.E. Kutafina. 2015. № 7. Pp. 141-146.
Vdovichenko K.G. Criminal liability for repeated violation of the established procedure for organizing or holding a meeting, meeting, demonstration, procession or picketing / K.G. Vdovichenko // Society and Law. 2015. № 1. Pp. 124-127.
Voevodina A.I. On some problems of interpretation and application of Art. 212.1 of the Criminal Code of the Russian Federation / A.I. Voevodina // Bulletin of the Moscow University named after S. Yu. Witte. Series 2. Legal sciences. 2018. №1. Pp. 65-67.
Bagmet A.M. Qualification of repeated violations of the established procedure for organizing or holding a meeting, meeting, demonstration, procession or picketing (article 212.1 of the Criminal Code of the Russian Federation) / A.M. Bagmet // Bulletin of the Academy of the Investigative Committee of the Russian Federation. 2019. № 3. Pp.56-60.
Ivanova L.M., Prushinsky D.I., Tugutov B.A. Determination of maliciousness in corpus delicti in the sphere of enforcement proceedings / L.M. Ivanova, D.I. Prushinsky, B.A. Tugutov // Legality. 2020. № 3. Pp. 58-61.
Bochkarev S.A. The state of practical understanding of criminal law reality / S.A. Bochkarev // Criminal policy of the Russian Federation: problems and prospects. Monograph. Common ed. Maksimov S.V., Shultz V.L. Moscow: Prospect, 2021.824 p.
Kozachenko I.Ya., Novoselov G.P. Criminal law. General part: Textbook for universities / I.Ya. Kozachenko, G.P. Novoselov M .: Yurayt, 2013.479 p.
Criminal law. Special part / Ed. By L. D. Gaukhman, S.V. Maksimov. M.: Eksmo, 2005.416 p.
Gaukhman L.D. Corpus delicti / L.D. Gaukhman // Selected works. SPb.: Publishing house «Legal Center», 2016. 800 p.
Piontkovsky A.A. A course on Soviet criminal law in six volumes. Part General. The crime. T. II. / A.A. Piontkovsky. M.: Nauka, 1970.516 p.
Shcherbakova N. Repayment of bringing to administrative responsibility / N. Shcherbakova // https://prestima.ru/blog/pogashenie-privlecheniya-k-administrativnoj-otvetstvennosti (date of access: 18.07.2021).
Klimanov A.M., Peshkov D.V. Some questions of the criminal law characteristics of obstruction of the holding of an assembly, meeting, demonstration, procession, picketing or participation in them / A.M. Klimanov, D.V. Peshkov // Science and Education: Economy and Economy; entrepreneurship; law and management. 2015. № 2. Pp. 95-99.
Keywords:
criminal law, crime, administrative offense, repetition, violation of the order of conduct, meeting, rally, demonstration, procession, picketing, conflict of law, interpretation, law enforcement.


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