Imperfection of the Law on Petty Hooliganism as a Condition of Antisocial Behavior in Public Places and in the Sphere of Family and Household Relations

Abstract

The current law defining the content and composition of petty hooliganism does not meet the requirements of combating antisocial actions committed in public places and in the sphere of family and household relations. Its legislative definition causes police officers and judges to have a double interpretation of the objective side of the illegal act, which includes a mandatory set of basic and facultative signs of petty hooliganism. The main sign of petty hooliganism, in accordance with the current norm, are actions that violate public order. However, neither the legislator nor the higher judicial bodies have explained for 17 years of the norm's validity what they should be understood as without accompanying other actions listed in the article, acting as a mandatory optional feature: obscene language in public places, insulting harassment of citizens, destruction or damage to someone else's property. The inclusion of the phrase "accompanied by obscene language in public places" in the editorial of the disposition of the current article by federal law significantly narrowed the scope of public relations protected by law. As a result, it is currently impossible for the police to qualify as petty hooliganism, scandals committed everywhere, including in a state of intoxication, at the place of residence in the sphere of family and household relations, disturbing the peace and normal rest of surrounding citizens. A study of the practice of police work has shown that a significant number of crimes of a grave and especially grave nature against the life and health of citizens, including murders committed in the sphere of family and household relations, occur as a result of the commission or continuation of such scandals that were not stopped in time, which were previously qualified by Soviet administrative legislation as petty hooliganism. The authors suggest ways to eliminate the existing gap.