2.2. Test for students absentee form training and guidelines for its implementation
The volume of work should be 20-22 pages of a student notebook, when writing work on standard sheets of A4 paper, the amount of work should be 10-12 sheets (on one side of the sheet) of typewritten or 14-16 sheets of handwritten text.
Structure of written homework:
1. Introduction(1-2 pages);
2. Main part, in which the author gives detailed answers to questions, showing the ability to independently present the studied material and the practical application of the acquired knowledge (5-6 pages);
4. Problem solving.
At the end, the listener indicates a list of the literature he used when studying this topic and writing the work.
A prerequisite for control work is the solution of problems on the fact of an administrative offense.
As an addition, you can attach a copy of the protocol of an administrative offense on a fact similar to that proposed in solving a practical problem.
When writing a control work, verbatim rewriting of the recommended literature is not allowed, with the exception of quotations, which must be appropriately formatted (footnote with a link to the source).
Problem solving involves the study of theoretical material on the course, recommended legal acts and current legislation, the release of which must be constantly monitored.
When solving problems, the student must give a complete and detailed answer to the questions posed, reveal the violations of the law, and indicate ways to eliminate them. Conclusions must be substantiated by an analysis of the proposed situations and references to specific legal acts. When applying the rules of law, it is necessary to make clear references to articles or paragraphs of normative acts, sources, reproduce their content, indicate the dates of adoption of acts.
When solving problems, some provisions of the theory of administrative law should be applied. In the course of solving individual tasks, it is mandatory to analyze the composition of the offense (object, objective side, subject, subjective side) or draw up a draft prosecutor's protest.
At the end of the work, it is necessary to place a list of specifically used sources of literature and regulations. The work must be signed by the author, the pages are numbered, the date of execution is indicated.
Attention should be paid to general and legal literacy, neatness and rules for processing work.
The test version is determined by the last digit of the student's record book number.(With the last digit "0" - option No. 10 is performed.) On the title page of the work in without fail the account number is indicated.
As an exception, you can prepare a test on a topic that is not included in the options for tests below, but which is of particular interest to the listener. In this case, the student agrees on the topic with the teacher and writes an application addressed to the head of the department, in which he justifies the choice of this topic for the test.
Works performed in violation of this procedure are not subject to review.
Training skills in solving problems in administrative law
Exercise
Vinogradov and Kakadzhanov drank alcohol in the children's city park, insulted passers-by, using foul language. The district court considered the case of offenses committed by Vinogradov and Kakadzhanov, and both were found guilty of committing petty hooliganism and drinking alcohol in public places. Taking into account the identity of the offenders, the nature of the acts committed by them and recognizing as an aggravating circumstance the fact that the offenses were committed in the children's city park, in the presence of a large number of people, and especially children, the judge imposed an administrative penalty on both offenders:
for petty hooliganism - administrative arrest for 15 days;
for drinking alcohol in a public place - a fine.
Is the judge's order legal? How is administrative punishment imposed when committing several administrative offenses?
Skill 1. Description of an administrative offense.
The acts of Vinogradov and Kakadzhanov contain two elements of administrative offenses - hooliganism and drinking alcohol in public places (as established by the court and what is clear from the condition of the problem). Let's consider each of them:
hooliganism:
|
№ p/n |
Algorithms | |
|
Analysis of the object of misconduct |
General object of misconduct- public order (Chapter 20 of the Code of Administrative Offenses) generic object- public order in public places. view object- public order, public morality and tranquility of citizens in public places of recreation (parks, gardens, etc.). immediate object- public order, public morality and peace of mind of citizens in the children's city park. |
|
|
objective side |
Misdemeanor (deed) committed in the form of an action- foul language, insulting attacks against vacationing citizens. These actions caused concern to the citizens. Qualifying sign of the objective side- place. The act was committed in a public place. There are no other signs of the objective side, since they are not reported in the condition of the situation. |
|
|
subject misdemeanor |
The subjects of the offense are Vinogradov and Kakadzhanov. It indirectly follows from the content of the situation that they are over 16 years old and that they are sane. If they have not reached the age of 16 or are insane, then they cannot bear administrative responsibility. There are no other signs of the subject. |
|
|
subjective side |
This act (hooliganism) was completely intentional, because Vinogradov and Kakadzhanov could not but be aware of the unlawful nature of their actions, foresaw the harmful consequences and consciously wished for or allowed them. Motive and purpose do not play a qualifying role. |
Similarly, the second composition of an administrative offense is considered - drinking alcohol in public places.
Skill 2. Qualification of an administrative offense.
|
№ p/n |
Algorithms |
Specific compliance with this situation to the proposed algorithm |
|
Application of a legal act establishing administrative responsibility for a misdemeanor in the territory where it was committed. |
The Code of Administrative Offenses of the Russian Federation operates in the territory where the offense was committed. |
|
|
Application of the relevant article, its part, which covers the committed misdemeanor |
Petty hooliganism is regulated by Art. 20.1 of the Code of Administrative Offenses of the Russian Federation. Drinking alcoholic beverages in public places is subject to liability under Art. 20.20 h. 2 (unqualified composition, since there is no information about the repetition of misconduct in the assignment); if any of the offenders has not reached the age of 16, then the parents bear administrative responsibility under Art. 20.22 Administrative Code of the Russian Federation. |
|
|
Application, if necessary, of the act to which the blanket norm refers. |
There is no need to apply special legislative acts, since Art. 20.1 and 20.20 are not blanket, the dispositions are clearly stated in them. |
|
|
Comparison of the signs of the norm with the signs of the composition of a particular offense. |
The signs listed in the norms of Art. 20.1 and 20.20 h. 1 of the Code of Administrative Offenses of the Russian Federation, fully coincide with the signs of offenses indicated in the conditions of the situation. Conclusion: administrative offenses committed by Vinogradov and Kakadzhanov can be qualified under two articles: 20.1 part 1 and 20.20 part 2 of the Code of Administrative Offenses of the Russian Federation. |
Skill 3. Determination of punishment for a specific administrative offense.
|
№p/n |
Algorithms |
Specific compliance with this situation to the proposed algorithm |
|
Qualification of an administrative offense |
Administrative offenses committed by Vinogradov and Kakadzhanov fall under Part 1 of Article 20.1 - petty hooliganism and Art. 20.20 hours 2 - drinking alcohol in public places. |
|
|
Establishing the existence of grounds for bringing administrative responsibility |
There are available all the signs of the composition of administrative offenses (see Skill 1), provided for in Art. 20.1 and Art. 20.20 h. 2 Administrative Code of the Russian Federation. |
|
|
Establishing the fact that there are no grounds for exemption from administrative liability |
It has been established that there are no circumstances precluding proceedings in the case: absence of an event and composition of an administrative offense; insanity of the person who committed the offense; actions of a person in a state of emergency or necessary defense; underage by the offender of 16 years of age; publication of an act of amnesty; expiration of the time for consideration of the case, etc. (see Article 29.6 of the Code of Administrative Offenses of the Russian Federation). |
|
|
Definition of mitigating and aggravating circumstances |
Committing offenses in a public place (in a park), when a large number of people gather, is not an aggravating circumstance, but a qualifying sign of hooliganism. List of aggravating circumstances(Article 4.3) is closed. As an aggravating circumstance, the commission of offenses by a group of persons (2 or more people) can be recognized - Part 4 of Art. 4.3, as well as committing an offense while intoxicated (recognized at the discretion of the official). extenuating circumstances(Article 4.2 of the Code of Administrative Offenses of the Russian Federation) obviously not, unless the offenders are between the ages of 16 and 18 (part 4 of Article 4.2) |
|
|
Application of administrative punishment within the framework of the sanction of the article of the law. |
According to Art. 4.4, paragraph 1 of the Code of Administrative Offenses, when a person commits two or more administrative offenses, an administrative penalty is imposed for each offense separately. When the case of these offenses (under Article 4.4 part 2) is considered by the same body (in this case, the court), the punishment is imposed within the limits of the sanction established for a more serious offense. According to Art. 20.1 may be punished in the form of a fine, administrative arrest (see the sanction of this article). According to Article 20.20 Part 1, a penalty in the form of a fine may be imposed (see the sanction of this article). The court, under the terms of the task, awarded for petty hooliganism under Art. 20.1 punishment in the form of administrative arrest, for drinking alcohol in public places under Art. 20.20 - fine. Since petty hooliganism is a more serious offense, the total final punishment is imposed within the limits of the sanction established by Art. 20.1. This is an administrative arrest. The decision of the judge to impose a penalty in the form of a fine and administrative arrest on the perpetrators is illegal, since these are two main punishments (Article 3.3 of the Code of Administrative Offenses of the Russian Federation) and they cannot be applied simultaneously. |
Task 2
The primary school teacher of school No. 15 Gracheva V.V., as it turned out later, illegally wore the Badge of Honor “Honored Teacher of Russia”. She explained that the sign belonged to her late husband.
Answer:
Let's look at this offense.
In accordance with Art. 71 of the Constitution of the Russian Federation to the prerogatives Russian Federation the definition of the status of state awards and honorary titles of the Russian Federation.
An exhaustive list of orders, medals, honorary titles and other state awards of the Russian Federation is defined in clause 27 of the Regulations on State Awards of the Russian Federation, approved by Decree of the President of the Russian Federation of March 2, 1994 No. 442. This Regulation also defines statutes, descriptions of orders, regulations, descriptions of medals, established in the system of state awards of the Russian Federation.
According to the above Regulations, state awards of the Russian Federation are the highest form of encouragement for citizens for outstanding services in the defense of the Fatherland, state building, economics, science, culture, art, education, education, health protection, life and rights of citizens, charitable activities and other outstanding services to state.
Russian state awards are:
- the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation;
- honorary titles of the Russian Federation (including the "Honored Teacher of Russia", to which the corresponding badge is attached as confirmation).
State awards and documents to them of persons awarded posthumously are transferred for storage as a memory to one of the spouses, father, mother, son or daughter.
In the event of the death of the awarded, state awards and documents to them remain with the heirs. In the absence of heirs, state awards and documents to them are subject to return to the Administration of the President of the Russian Federation for State Awards.
object of this offense are public relations arising in connection with the wearing of state awards.
Thus, the administrative responsibility provided for by the commented article of the Code of Administrative Offenses, in any case, comes for wearing orders, medals, insignia, badges for honorary titles, ribbons of orders and medals on the slats by persons who do not have the right to do so, i.e. illegally .
objective side offenses are characterized by action, since the illegal wearing of state awards can be committed only through active action.
Subject this offense can be any individual or official (in our case, the teacher Gracheva V.V.).
Subjective side expressed in the form of intent, since Gracheva was aware of the unlawful nature of her action and deliberately allowed harmful consequences, or was indifferent to them.
This act falls under Article 17.11 Part 1 of the Code of Administrative Offenses of the Russian Federation “Illegal wearing of state awards”:
“Wearing an order, a medal, a breastplate to an honorary title, an insignia of the Russian Federation, the RSFSR, the USSR, order ribbons or ribbons of medals on slats by a person who does not have the right to do so - entails a warning or the imposition of an administrative fine in the amount of one to three minimum wages with confiscation of an order, medal, badge for an honorary title, insignia of the Russian Federation, the RSFSR, the USSR, order ribbons or ribbons of medals on slats, which entails a warning or the imposition of an administrative fine in the amount of 100 to 300 rubles with confiscation of the order, medals, a badge for an honorary title, a badge of distinction of the Russian Federation, the RSFSR, the USSR, order ribbons or ribbons of medals on slats.
So, Gracheva wore this badge illegally.
Judges are authorized to consider these cases (Article 23.1 part 1).
For this offense, officials of the Department of Internal Affairs are authorized to draw up a protocol (Article 28.3, Part 2, Clause 1).
On the video that Alena K. sent us, you can see how the cheerful guys freely settled down on the bench and arranged a small “holiday of the soul”. Is that the grill is not enough. The author of the video turned out not to be shy and, passing by young people, made a remark to them.
“This is not the first time something like this has happened in the park. In the evenings, walking with children, I see how teenagers smoke and drink beer next to the playgrounds! I approached the park workers, they answered that the guards come only at 17 o'clock! And who to contact during the day? I couldn't find the park administration either! All all on the drum? - the mother of two children, Alena, is perplexed. “Even adults go and smoke where children play!” I made a remark to some - zero emotions!
Many parents with children walk in Yugorsk Park every day.
IA "2 CITIES" appealed to the management of the city park. Our questions were answered by the director of the MAU "TsPKiO "Attraction" Sergey Mikhailovich Maslyukov:
- Sergei Mikhailovich, is there any security in the park at all?
S.M.: Physical security on the territory of the Central City Park is carried out daily on weekdays from 17.00 to 8.00, and on weekends and holidays - around the clock.
- Who to contact if you see violators?
S.M.: If violators are found on the territory of the park, you must contact the unified dispatch service by calling 112.
- Where is the administration of the park (contacts)?
S.M.: The administration of the central city park is located at the address: Yugorsk, Sportivnaya street, house 2, office 38 and 39. Phones: 7-50-35, 7-58-79, 7-48-05.
An alcoholic drink is a concept that unites all drinks containing ethyl alcohol in their composition. Regardless of their strength, drinking alcohol is not possible in all places. A couple of years ago, the legislation of the Russian Federation made a number of amendments regarding the consumption of alcoholic beverages in different kind public and public places.
Not every person is sufficiently knowledgeable in this matter, therefore, the case of punishment for drinking alcohol in the wrong place is not uncommon. To fill this gap in knowledge, everyone will be helped by the material presented below, which discusses the law on drinking alcohol in Russia in as much detail as possible.
The Liquor Law regulates many issues
Almost all spheres of life of citizens of the Russian Federation have long been regulated by legislative norms, rules and regulations. The use, sale and general circulation of alcoholic beverages were no exception, as a result of which, back in 1995, Federal Law No. 171-FZ was adopted, which controls most issues related to actions with alcohol.
Over the past 20 years, the legislation has made some amendments to this law, which, to one degree or another, limited either its producers, or distributors, or direct consumers in their actions with alcohol.
Before considering the main provisions of the law, it is necessary to clearly define what the state understands by the concept of “drinking alcoholic beverages”. First of all, it is worth noting that an alcoholic drink is any liquid for ingestion that contains ethyl alcohol in any proportion. Conventionally, alcohol is divided into two types: strong and light.
Vodka, cognac or whiskey can be attributed to strong alcohol, and beer and other low-alcohol drinks can be attributed to light alcohol. However, regardless of the type of alcoholic beverage, drinking it in some places specified by law is prohibited. The word "drinking" refers to the ingestion of a drink by any person or group of them.
Regulates the ban on drinking alcoholic beverages 2nd and 3rd paragraph of the 16th article of the previously mentioned Federal Law. These legislative provisions clearly and easily explain in which places the consumption of alcohol is taboo.
It should be understood that in case of violation of the prohibitions from the 16th article, any citizen of the Russian Federation will incur some, which is represented by an administrative penalty.
The latter is regulated not by the Federal Law, but by the Code of Administrative Offenses of the Russian Federation (CAO RF). More precisely, the punishment will be imposed in accordance with part 1 of Article 20.20, which obliges a person who has violated the law to . More details about the provisions of the Federal Law and penalties for its violation will be discussed in the following paragraphs of the article.
Where drinking alcohol is prohibited
Liquor law clearly specifies prohibited places
As noted earlier, the drinking law clearly defines places where drinking is prohibited. These include all public, public areas of the city or other locality.
It should be noted that a colossally large number of parts of a city or village, in accordance with the law, are public. Therefore, finding a place where you can drink an alcoholic drink without breaking the law is quite problematic.
A complete list of places prohibited for drinking alcohol can be specified in the previously mentioned provisions of the Federal Law. The following is just a basic list of data for urban or rural areas:
- any type of public transport (taxi, fixed-route taxi, tram, etc.), as well as their stopping points;
- parks, urban forests, reserves, squares;
- the territory of any sports institution or facility (sports schools, stadiums, sports boarding schools, etc.);
- station premises, airports and areas adjacent to them (with the exception of catering points on their territory);
- entrances, elevators in them and nearby playgrounds;
- houses of culture and similar institutions;
- educational institutions and the territory adjacent to them (schools, universities, colleges, etc.);
- territory of any state or regional authority.
An important point in determining whether a particular place is public is the determination of the presence of people there. It should be understood that even the residential sector is a public place in which the law strictly prohibits the consumption of alcoholic beverages. In addition to the places mentioned above, the prohibition on drinking alcohol also applies to the territories belonging to them.
Moreover, since the beginning of 2014, the legislation of the Russian Federation has regulated that in a public place it is not only impossible to drink alcohol in public, but also to carry containers with it in an open form for everyone. This legal aspect should also be taken into account.
Administrative punishment for drinking alcohol
For drinking alcohol in the wrong place - administrative punishment
Any violation of the Federal Liquor Law is punishable. The Code of Administrative Offenses of the Russian Federation regulates the measure of administrative responsibility that a citizen who has initiated the law must bear.
Any proven or factually approved by an employee is considered a violation. law enforcement agency the practice of drinking alcohol in the wrong place. Such violations are subject to the following penalties:
- a fine sanction ranging from 500 to 1500 rubles;
- in the presence of factors that increase the severity of the offense, it is possible to impose a more serious type or even arrest for up to 15 days.
As a rule, most citizens behave appropriately in those situations when they are caught drinking alcohol in a prohibited place, and pay. Not only citizens of the Russian Federation, but foreigners temporarily arriving in our country will have to bear responsibility. The punishment for the guests of Russia is exactly the same.
An interesting point to consider in this topic is the drinking of alcoholic beverages by minors. If there is a fact of drinking alcohol by a child or teenager under 16 years old in a public place, an administrative fine is issued to his parents. It is regulated by article 20.22 of the Code of Administrative Offenses of the Russian Federation - from 300 to 500 rubles. If there is an older person who involved minors in drinking alcohol, then he is also punished. Punishment for such citizens can be:
- mandatory work from 200 hours;
- - up to 6 years in prison.
In addition to administrative responsibility for drinking alcohol in the wrong place, it is worth noting that the Labor Code also has a number of legislative provisions that prohibit drinking alcohol or coming to workplace under his influence.
In the case of such, the employer or other authorized person determines the punishment for the employee of the organization. The verdict is based on the internal rules of the organization and the vision of the situation on the part of the employer. An employee can incur various kinds of liability: from a fine to dismissal.
What was the purpose of this law?
The law on the drinking of alcoholic beverages was adopted in order to improve the culture of the population
The amendment of 2013, introduced into the Federal Law and prohibiting the drinking of alcohol in public places, is still perplexing for many residents of Russia. Many of them wonder why such measures were taken.
Most citizens of the Russian Federation do not see anything wrong with drinking one or two bottles of beer in the fresh air, for example, in a park. However, the state legislator looks at this issue differently.
The main and correct argument for the advisability of adopting a law on drinking alcohol is that it is necessary to protect drunk people from public places. Not everyone after even a small amount of alcohol drunk can behave fully adequately.
Most drunk people become more cheeky, emotional, unrestrained and aggressive, which is quite dangerous for other sober people. Is it normal? It is worth noting that, by adopting a law banning alcohol drinking in public places, the state pursued the following goals:
- fencing drinkers away from the target public;
- maintaining the correct and stable psycho-emotional appearance of children and adolescents;
- reduction in the level of "drunken" robberies and similar offenses.
In fairness, we state: it succeeded. Since 2013, much fewer offenses committed while intoxicated have been recorded in Russia. Also, a positive effect of the conduct of the law was that the majority of minors are protected from the contemplation of drinking alcohol and make a choice in the direction of healthier and healthier activities.
We hope that the above information has fully explained to all readers of our resource the essence of the law on drinking alcohol in public places. To date, all the material is relevant, therefore, it can be used by anyone in order to defend their legal position in appropriate situations.
The law on drinking alcoholic beverages has become tougher - about this in the video:
In order not to languish, let's start with the bad news: almost every Muscovite or guest of the capital who drinks alcohol on the street, in transport or in the park violates the law. Even if it's a champagne wedding on Sparrow Hills. Therefore, the answer to the question "How to drink without consequences from the law" can be only one: drink at home or in a bar.
Protocols for drinkers in the city or in nature are drawn up according to a number of articles of the Code of Administrative Offenses. Article 20.20 provides for liability for drinking alcoholic products in public places, 20.21 - for appearing in public places in a state of intoxication, and 20.22 - for drinking and being in a state of alcoholic intoxication for minors under the age of 16, regardless of place.
For drinking, a fine of up to 1.5 thousand rubles is imposed. (or expulsion, if the violator is a foreigner), for being drunk - the same fine or arrest for up to 15 days, and for drinking alcohol by a teenager - a fine of up to 2 thousand rubles. for parents.
There is no official data on how many such fines were issued by the metropolitan police with the advent of heat. However, in the Northern Administrative District alone, about 200 violators were identified during the 19 days of the July raid, as recently reported by the local police.
There is no complete and detailed list of places where it is better not to appear with an open bottle in the Code of Administrative Offenses. But it’s too early to rejoice: it is in the federal law on state regulation of the production and circulation of ethyl alcohol, recalls the partner of the Let's Find a Lawyer company, lawyer Alexander Lipatnikov. The list, alas, is quite detailed.
The law declares ethanol-free zones: children's, educational, medical and sports facilities together with their sites (it is better for students to wash their graduation in the hostel after the summer session); cultural organizations, if they do not provide for the sale of alcohol (champagne in the buffet of the Bolshoi Theater - yes, beer in the library - no).
They also include any objects of transport, except for a private car, including metro lobbies and even gas stations; markets and any other places of large crowds of people; any military facilities; non-stationary retail outlets, as well as "other public places". This rather broadly interpreted category includes yards, entrances, landings; "recreational areas", that is, parks, squares, forests, beaches.
The only exception is that you can use the products of the so-called agricultural producers. That is,
if in a specially designated place, for example at a fair, the beekeeper sells mead own production, feel free to try it.
Probably, in all public places that are not listed above, you can drink alcohol, however, what kind of places, besides restaurants and bars, you can’t figure out right off the bat.
The myth of the Bottle in the Bag, which probably owes its appearance to the movie Brother-2, is very popular among Muscovites with a craving for "active rest".
Recall that the American policeman, while fining the hero Viktor Sukhorukov, explains that if he wrapped his container in a bag, like local alcoholics relaxing nearby, there would be no violation. However, in Russian realities, this trick does not work, lawyer Alexander Lipatnikov explains: “In some Western countries public drinking of alcohol is prohibited, in Russia, according to the same article 20.20 of the Code of Administrative Offenses, any consumption of alcohol in prohibited places is prohibited. Therefore, if a person drinks alcohol in public places from a bag or a flask, then it is likely that he can attract the attention of police officers and run into a decent fine.
It turns out that if for American law enforcement officers only the factor of demonstrativeness and propaganda is significant here, then neither a bottle of mineral water, which in fact turns out to be filled with vodka, nor a paper cup with the Pepsi logo, into which visitors of one St. pour "Beer to go".
The good news for those who like to go for a walk after a drunken party is that you will not necessarily be fined. This will only happen if the police officer is hurt by your appearance.
“The law provides for liability only for such a degree of intoxication that offends human dignity and public morality (Article 20.21 of the Code of Administrative Offenses). Therefore, it is necessary to abuse alcohol more than enough, and a glass of wine or a couple of glasses of cognac will not entail a fine, ”explains Alexander Lipatnikov.
However, in practice, even to individuals in a state of complete instability, law enforcement officers often turn out to be merciful. As a rule, a protocol for appearing in public while intoxicated comes with very obscene behavior or outright hooliganism.
Formally, walking weddings and companies at Saturday picnics in forests and on the banks of rivers within the city are completely covered by the requirements of the law.
The fact that most of these holidays are not overshadowed by fines is due only to the fact that in the first case, the police forgive the joyful newlyweds and guests some liberties, and in the second, because the Russian authorities have not yet guessed to put a guard of order in each bush.
