APPLICATION OF ADMINISTRATIVE PENALTIES FOR INVOLVING A MINOR IN PARTICIPATION IN UNAUTHORIZED PUBLIC EVENTS: DOMESTIC AND FOREIGN EXPERIENCE

Abstract

The article examines the problem of imposing punishment for involving a minor in participation in unauthorized public events, actualized by the growth of protest moods among individual citizens, as well as their groups. The sanction of Part 1.1 of Art. 20.2 of the Code of Administrative Offenses of the Russian Federation, the main shortcomings made by the legislator in its formulation are revealed. The regularities of the appointment of administrative punishments in the area under consideration were revealed by analyzing the quantitative and qualitative indicators of judicial practice contained in the reporting statistical data on the results of the activities of Russian courts for 2019–2020. and law enforcement practice for 2019–2021. The decisions of the Russian courts in cases of administrative offenses, the responsibility for which is provided for by Part 1.1 of Art. 20.2 of the Code of Administrative Offenses of the Russian Federation, and established the arguments used by judges to choose the type and amount of administrative punishment. The experience of fixing sanctions for similar administrative offenses in the legislation of a number of post-Soviet states (Belarus, Kazakhstan, Moldova, Ukraine) is considered. Taking into account domestic and foreign experience, it is proposed: to exclude administrative punishment in the form of compulsory work from the sanction of the norm enshrined in Part 1.1 of Art. 20.2 of the Administrative Code of the Russian Federation; reduce the term of administrative arrest to 10 days; provide for administrative suspension of activity as an administrative penalty for legal entities; consider the expediency of applying to parents who involved their own children in the illegal activities of such mitigating circumstances as “… the commission of an administrative offense by a woman with a young child”, and when imposing an administrative arrest, the grounds for its non-appointment — “the woman has children under the age of fourteen years old «and others.