К вопросу о понятии общественного порядка в контексте уголовно-правовой квалификации и разграничения преступлений от административных правонарушений

Abstract

We consider the concept of "public order". We emphasize that the protection of public order is reflected in a number of provisions of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Based on doctrinal points of view, a list of acts that infringe on public order is established, since not all the norms of these Codes specify that they are aimed at protecting public order from unlawful infringements. At the same time, the legislator does not propose its interpretation, although a number of regulatory legal acts regulating the protection of public order are adopted. Therefore, based on doctrinal points of view, we propose the definition of this concept: public order is expressed in the observance by individuals of the norms of laws, morality in public places, ensuring public peace, the inviolability of the person and the normal functioning of government bodies and local self-government, the activities of public organizations and legal entities. In addition, in the scientific literature there is a position that any crime violates public order (consequently, this also applies to administrative offenses), but based on judicial practice, we conclude that when committing other crimes and offenses that are not related to violation of public order, they do not indicate a violation of public order, and applicable to the analyzed acts there is not always any specification – what exactly is expressed in violation of public order.