Alcoholic drink is a concept that unites all drinks containing ethyl alcohol. Regardless of their strength, you can not drink alcohol in all places. A couple of years ago, the legislation of the Russian Federation introduced a number of amendments regarding the consumption of alcoholic beverages in various public and public places.
Not every person is sufficiently aware of this issue, so cases of punishment for drinking alcohol in the wrong place are not uncommon. The material presented below will help anyone to fill such a gap in knowledge, in which the law on drinking alcoholic beverages in Russia is discussed in as much detail as possible.
The Law on Drinking Alcoholic Beverages 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 consumption, sale and general circulation of alcoholic beverages was no exception, as a result of which Federal Law No. 171-FZ was adopted back in 1995, which controls most issues related to actions regarding alcohol.
Over the past 20 years, legislation has made some amendments to this law, which to one degree or another limited the actions of either its producers, distributors, or direct consumers in dealing 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 oral consumption that contains ethyl alcohol in any proportion. Conventionally, alcohol is divided into two types: strong and light.
Strong alcohol includes vodka, cognac or whiskey, and light alcohol includes beer and other low-alcohol drinks. 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.
The ban on drinking alcoholic beverages is regulated by the 2nd and 3rd paragraphs of Article 16 of the previously mentioned Federal Law. These legal provisions make it clear in a clear and understandable manner where drinking alcohol is taboo.
It is worth understanding that if the prohibitions from Article 16 are violated, any citizen of the Russian Federation will bear some penalty, which is represented by administrative punishment.
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 the person who violated the law. The provisions of the Federal Law and penalties for its violation will be discussed in more detail in the following paragraphs of the article.
Where is it prohibited to drink alcohol?
The Liquor Law clearly states prohibited areas
As noted earlier, the law on drinking alcohol clearly defines the places where drinking alcohol is prohibited. These include all public, public areas of a city or other locality.
It is worth noting 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.
The full list of places prohibited for drinking alcohol can be found in the previously mentioned provisions of the Federal Law. Below is just a basic list of data from urban or rural areas:
- any type of public transport (taxi, minibus, tram, etc.), as well as their stopping points;
- parks, urban forests, nature 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 public catering facilities on their territory);
- entrances, elevators in them and nearby children's playgrounds;
- cultural centers and similar institutions;
- educational institutions and surrounding areas (schools, universities, colleges, etc.);
- territory of any state or regional body.
An important point in determining whether a place is public is determining whether there are people there. It is worth understanding that even the residential sector is a public place in which the law strictly prohibits the consumption of alcoholic beverages. In addition to the above-mentioned places, the ban on drinking alcohol also applies to the territories belonging to them.
Moreover, since the beginning of 2014, the legislation of the Russian Federation regulates that in a public place it is not only prohibited to drink alcohol in public, but also to carry containers with it open to everyone. This legislative aspect is also worth taking into account.
Administrative punishment for drinking alcoholic beverages
For drinking alcoholic beverages 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 amount of administrative responsibility that a citizen who has entered into law must bear.
Any practice of drinking alcoholic beverages in an unauthorized place, proven or actually approved by a law enforcement officer, is considered a violation. The following types of penalties are provided for such a violation:
- a fine ranging from 500 to 1500 rubles;
- if there are factors that increase the severity of the offense, a more serious punishment or even arrest for up to 15 days is possible.
As a rule, most citizens behave appropriately in situations where 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 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 of age in a public place, an administrative fine will be 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 may be:
- compulsory work from 200 hours;
- – up to 6 years in prison.
In addition to administrative liability 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 the workplace under the influence of it.
In this case, the punishment for an employee of the organization is determined by the employer or other authorized person. The verdict rendered is based on the internal rules of the organization and the employer’s vision of the situation. An employee may incur various types of liability: from a fine to dismissal.
For what purpose was this law passed?
The law on drinking alcoholic beverages was adopted in order to improve the culture of the population
The 2013 amendment to the Federal Law prohibiting drinking alcohol in public places still causes confusion among many Russian residents. Many of them are interested in 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 can behave fully adequately after drinking even a small amount of alcohol.
Most people who drink 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 drinking alcohol in public places, the state pursued the following goals:
- keeping drinkers away from the target public;
- maintaining the correct and stable psycho-emotional appearance of children and adolescents;
- reducing the level of “drunken” robberies and similar offenses.
To be fair, we state: it was a success. Since 2013, much fewer offenses committed while intoxicated have been recorded in Russia. Also, a positive effect of the law was that the majority of minors are protected from seeing alcohol consumption and make a choice towards more useful and healthier activities.
We hope that the information presented above has fully explained to all readers of our resource the essence of the law on drinking alcohol in public places. Today, all the material is relevant, so it can be used by anyone to defend their legal position in appropriate situations.
The law on drinking alcoholic beverages has become stricter - 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 a park is breaking the law. Even if it’s a champagne wedding on Vorobyovy Gory. Therefore, there can be only one answer to the question “How to drink without consequences from the law”: drink at home or in a bar.
Protocols for those who drink in the city or in nature are drawn up under a number of articles of the Administrative Code. Article 20.20 provides for liability for drinking alcohol in public places, 20.21 for appearing in public places while intoxicated, and 20.22 for drinking and being intoxicated for minors under the age of 16, regardless of location.
For drinking, a fine of up to 1.5 thousand rubles is imposed. (or expulsion if the offender is a foreigner), for drunkenness - 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 yet on how many such fines the capital’s police officers issued when the weather warmed up. However, in the Northern Administrative District alone, during the 19 days of the July raid, about 200 violators were identified, as local police recently reported.
There is no complete and detailed list of places where it is better not to appear with an open bottle in the Administrative Code. But it’s too early to rejoice: it is in the federal law on state regulation of the production and circulation of ethyl alcohol, reminds partner of the “Let’s Find a Lawyer” company, lawyer Alexander Lipatnikov. The list, unfortunately, is quite detailed.
The law declares the following to be ethanol-free zones: children's, educational, medical and sports facilities, along with their areas (students after the summer session are better off washing it off in the dormitory); cultural organizations, if they do not provide for the sale of alcohol (champagne in the Bolshoi Theater buffet - yes, beer in the library - no).
These also include any transport facilities other than private cars, including metro lobbies and even gas stations; markets and any other places with large crowds of people; any military facilities; non-stationary retail outlets, as well as “other public places”. This fairly broadly interpreted category also includes courtyards, entrances, and landings; “recreational zones”, that is, parks, squares, forests, beaches.
The only exception is that you can consume products from so-called agricultural producers. That is,
if in a specially designated place, for example at a fair, a beekeeper sells his own mead, you can safely try it.
Probably, in all public places that are not listed above, you can drink alcohol, however, what kind of places these could be, besides restaurants and bars, you can’t figure out right away.
The myth of the Bottle in a Bag, which probably owes its appearance to the film “Brother-2,” is very popular among Muscovites with a craving for “active recreation.”
Let us recall that an American policeman, fining the hero Viktor Sukhorukov, explains that if he had wrapped his container in a bag, like local alcoholics relaxing nearby, there would have been no violation. However, in Russian realities this trick does not work, explains lawyer Alexander Lipatnikov: “In some Western countries, public drinking of alcohol is prohibited, but 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 from a bag or flask in public places, he may very likely attract the attention of the police and face a hefty fine.”
It turns out that if for American law enforcement officers only the factor of demonstrativeness and propaganda is significant here, then in our country neither a bottle of mineral water, which in fact turns out to be filled with vodka, nor a paper cup with the Pepsi logo, which visitors of one St. Petersburg establishment drink “Beer to go” is poured.
Good news for those who like to go for a walk after a party while drunk: you won't necessarily be fined. This will only happen if the policeman is offended 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 Offences). Therefore, you need 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 towards individuals in a state of complete incapacitation, law enforcement officers often turn out to be merciful. As a rule, the protocol for appearing in public while drunk comes complete with completely indecent behavior or outright hooliganism.
Formally, walking weddings and groups on Saturday picnics in forests and on the banks of rivers within the city are fully 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 figured out to assign law enforcement officers to each bush.
In the video sent to us by Alena K., you can see how the cheerful guys sat comfortably on a bench and arranged a small “festival of the soul.” Unless there's not enough barbecue. The author of the video turned out to be not a timid person and, passing by the young people, made a remark to them.
“This is not the first time such a scene has happened in the park. In the evenings, while walking with the children, I see teenagers smoking and drinking beer next to the playgrounds! I approached the park workers, they replied that security only comes at 17:00! Who should I contact during the day? I couldn’t find the park administration either! Doesn't anyone care? - mother of two children Alena is perplexed. - Even adults go and smoke where children play! I made a remark to some people - zero emotions!”
Many parents and children walk in Yugorsk Park every day.
News agency “2 CITIES” appealed to the management of the city park. The director of MAU “CPKiO “Attraction” Sergei Mikhailovich Maslyukov answered our questions:
- Sergei Mikhailovich, is there any security at all in the park?
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.
- Whom should you contact if you see violators?
S.M.: If violators are detected in the park, you must contact the unified dispatch service by calling 112.
- Where is the park administration (contacts)?
S.M.: The administration of the central city park is located at the address: Yugorsk city, Sportivnaya street, building 2, office 38 and 39. Phones: 7-50-35, 7-58-79, 7-48-05.
2.2. Test work for correspondence students 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 volume of work should be 10-12 sheets (on one side of a sheet) of typewritten text 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, demonstrating the skills of independent presentation of 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 literature he used when studying this topic and writing the work.
A prerequisite for control work is solving problems related to the fact of an administrative offense.
As an addition, you can attach a copy of the administrative violation protocol for a fact similar to that proposed in solving the practical problem.
When writing a test, verbatim rewriting of the recommended literature is not allowed, with the exception of quotations, which must be formatted accordingly (linear page-by-page notes with a link to the source).
Solving problems involves studying theoretical material from the course, recommended legal acts and current legislation, the output of which must be constantly monitored.
When solving problems, the student must give a complete and detailed answer to the questions posed, reveal any violations of the law, and indicate ways to eliminate them. Conclusions must be justified 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 regulations, sources, reproduce their contents, and indicate the dates of adoption of acts.
When solving problems, you should apply some provisions of the theory of administrative law. In the course of solving individual problems, it is necessary to analyze the elements 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 must be numbered, and the completion date must be indicated.
You should pay attention to general and legal literacy, neatness and rules of work execution.
The test option is determined by the last digit of the student’s record book number.(If the last digit is “0,” option No. 10 is executed.) The grade book number must be indicated on the title page of the work.
As an exception, you can prepare a test on a topic that is not included in the test options below, but is of particular interest to the student. In this case, the student agrees on the topic with the teacher and writes a statement addressed to the head of the department, in which he justifies the choice of this topic for the test.
Works performed in violation of the specified procedure are not subject to review.
Training in problem solving skills in administrative law
Exercise
Vinogradov and Kakadzhanov drank alcohol in a children's city park and insulted passers-by using obscene language. The district court heard the case of the 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 personality of the offenders, the nature of the acts they committed and recognizing as an aggravating circumstance the fact that the offenses were committed in a 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 alcoholic beverages in a public place - a fine.
Is the judge's ruling legal? How is administrative punishment imposed when several administrative offenses are committed?
Skill 1. Description of the 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 as is clear from the conditions of the problem). Let's look at each of them:
hooliganism:
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№ p/p |
Algorithms | |
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Analysis of the object of the offense |
General object of the offense– public order (Chapter 20 of the Administrative Code) Generic object– public order in public places. Species object– public order, public morality and peace of citizens in public recreational areas (parks, gardens, etc.). Direct object– public order, public morality and peace of mind of citizens in the children's city park. |
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objective side |
The offense (act) was committed in the form of an action– obscene language, offensive attacks against vacationing citizens. These actions have caused concern to citizens. Qualifying feature 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. |
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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. |
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subjective side |
This act (hooliganism) was completely intentional, since Vinogradov and Kakadzhanov could not help but be aware of the illegal nature of the actions they were committing, foresaw harmful consequences and consciously desired or allowed them. Motive and purpose do not play a qualifying role. |
The second element of an administrative offense is considered in a similar way - drinking alcoholic beverages in public places.
Skill 2. Qualification of an administrative offense.
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№ p/p |
Algorithms |
Specific compliance with this situations to the proposed algorithm |
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Application of a legal act establishing administrative liability for an offense in the territory where it was committed. |
The Code of Administrative Offenses of the Russian Federation is in effect in the territory where the offense was committed. |
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Application of the relevant article, its part that covers the offense committed |
Petty hooliganism is regulated by Art. 20.1 Code of Administrative Offenses of the Russian Federation. Drinking alcoholic beverages in public places is subject to liability under Art. 20.20 part 2 (unqualified personnel, since there is no information about the repetition of the offense in the task); If any of the offenders has not reached their 16th birthday, then the parents bear administrative responsibility under Art. 20.22 Code of Administrative Offenses of the Russian Federation. |
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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 in them are clearly stated. |
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Comparison of the signs of the norm with the signs of a specific offense. |
The signs listed in the provisions of Art. 20.1 and 20.20 part 1 of the Code of Administrative Offenses of the Russian Federation, completely coincide with the signs of offenses specified 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. Determining punishment for a specific administrative offense.
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№p/p |
Algorithms |
Specific compliance with this situations to the proposed algorithm |
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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 Part 2 – drinking alcoholic beverages in public places. |
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Establishing the existence of grounds for bringing administrative liability |
There are all the signs of administrative offenses (see Skill 1) provided for in Art. 20.1 and art. 20.20 part 2 of the Code of Administrative Offenses of the Russian Federation. |
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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 elements of an administrative offense; insanity of the person who committed the offense; actions of a person in a state of extreme necessity or necessary defense; the offender is under 16 years of age; issuance of an act of amnesty; expiration of the deadline for consideration of the case, etc. (see Article 29.6 of the Code of Administrative Offenses of the Russian Federation). |
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Determination of circumstances mitigating and aggravating liability |
Committing an offense in a public place (in a park), with a large number of people gathered, is not an aggravating circumstance, but a qualifying sign of hooliganism. List of aggravating circumstances(Article 4.3) is closed. The commission of offenses by a group of persons (2 or more people) can be recognized as an aggravating circumstance - Part 4 of Art. 4.3, as well as committing an offense while intoxicated (recognized at the discretion of the official). Mitigating 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 years (Part 4 of Article 4.2) |
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Application of administrative punishment within the framework of the sanction of an article of law. |
According to Art. 4.4 clause 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, punishment may be imposed in the form of a fine or administrative arrest (see the sanctions of this article). According to Article 20.20, Part 1, a penalty in the form of a fine may be imposed (see the sanctions of this article). The court, according to the terms of the task, sentenced for petty hooliganism under Art. 20.1 punishment in the form of administrative arrest for drinking alcoholic beverages in public places under Art. 20.20 – fine. Since petty hooliganism is a more serious offense, the overall final punishment is imposed within the limits of the sanction established by Art. 20.1. This is an administrative arrest. The judge’s decision to impose punishment 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
Primary school teacher V.V. Gracheva, school No. 15, as it turned out later, illegally wore the Honorary Badge of Honored Teacher of Russia. She explained that the sign belonged to her late husband.
Answer:
Let's consider this offense.
In accordance with Art. 71 of the Constitution of the Russian Federation, the prerogatives of the Russian Federation include determining 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 of citizens for outstanding services in the defense of the Fatherland, state building, economics, science, culture, art, education, education, protection of health, life and rights of citizens, charitable activities and for other outstanding services to by the 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 “Honored Teacher of Russia”, to which the corresponding sign is attached as confirmation).
State awards and documents for 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 recipients, state awards and documents for them remain with the heirs. In the absence of heirs, state awards and documents for them must be returned to the Office of the President of the Russian Federation for State Awards.
Object This offense constitutes public relations arising in connection with the wearing of state awards.
Thus, the administrative liability provided for by the commented article of the Code of Administrative Offenses, in any case, occurs for the wearing of orders, medals, insignia, badges for honorary titles, ribbons of orders and medals on straps by persons who do not have the right to do so, i.e. illegally .
Objective side the offense is characterized by action, since the illegal wearing of state decorations can only be committed through active action.
Subject This offense can be committed by any individual or official (in our case, teacher V.V. Gracheva).
Subjective side is expressed in the form of intent, since Gracheva was aware of the illegal 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, medal, breastplate for an honorary title, insignia of the Russian Federation, the RSFSR, the USSR, order ribbons or medal ribbons on bars by a person who does not have the right to do so shall entail 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, RSFSR, USSR, order ribbons or medal ribbons on bars, 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, an insignia of the Russian Federation, the RSFSR, the USSR, order ribbons or medal ribbons on bars.”
This means that Gracheva wore this sign illegally.
Judges are authorized to consider these cases (Article 23.1 Part 1).
In relation to this offense, officials of the Department of Internal Affairs are authorized to draw up a protocol (Article 28.3, Part 2, Clause 1).