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
Alexander Ya. Asnis Dr.Sci.(Law), Director
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:
Alexander Y.A., (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.


Related Articles

THEORY AND HISTORY OF LAW Pages: 14-19 Issue №46133
Legal Support for Mentoring in Russia: Perspective and Retrospective View
legal science mentoring mentor mentored legislation
Show more
4. CRIMINAL LAW (5.1.4.) Pages: 238-252 Issue №22457
The Structure of Crime in Penal Institution in the Republic of Mordovia
crime criminality penitentiaries (correctional institutions) places of detention custodial pattern
Show more
5. Criminal; Criminal enforcement law Pages: 196-200 Issue №8598
Conditionality of introduction of criminal liability for falsification of financial documents of accounting and reporting of the financial organization
conditionality criminalization crime financial institution falsification of documents
Show more
7. Criminal; Criminal enforcement law Pages: 155-159 Issue №9149
Personalization as an object of criminal defense
personalization identification means of identification and personalization criminal law
Show more
12. Criminal law and criminology; Criminal enforcement law Pages: 168-170 Issue №9731
TO THE QUESTION ON HOW TO COMMIT FRAUD
crime fraud method cheating breach of trust
Show more
11. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 234-237 Issue №17214
Development of measures to prevent the financing of terrorism
terrorism financing prevention prevention crime
Show more
9. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 220-223 Issue №18348
Actual problems of the institute of judgment
criminal law criminal record criminal punishment criminal liability release from punishment
Show more
Criminal law Pages: 256-260 Issue №24870
Criminogenic Situation in the Sphere of Financial and Credit Relations
crime situation crime statistics analysis indicators
Show more
5. Philosophical sciences, Social science Political science Pages: 143-145 Issue №2418
THE PRINCIPLE OF FAIRNESS IN CRIMINAL LAW LIGHT PRINCIPLES OF HUMANISM AND EQUALITY BEFORE CRIMINAL LAW
criminal law the principle of justice the principle of humanism the principle of equality of citizens before the criminal law
Show more
6. Criminology Pages: 187-190 Issue №3132
Regulation of relations connected with the execution of orders or decrees, in the legislation of several countries in the Asia-Pacific region
Institute execution of order or instruction the circumstance excluding criminality of act the Asia-Pacific region criminal law
Show more