In pursuance of the amendments to the legislation that have come into force Russian Federation today on the official website of the Ministry of Internal Affairs of Russia posted a list of persons who are prohibited from visiting venues of official sports competitions on the days they are held.
On July 4, Federal Law No. 284-FZ of July 3, 2016 “On Amendments to Article 20 of the Federal Law “On physical culture and sports in the Russian Federation” and article 32.14 of the Code of Administrative Offenses of the Russian Federation”. Its provisions are aimed at simplifying access to the list of persons subject to an administrative ban. In addition, the procedure for maintaining this list, as well as for identifying the identity of spectators during the preparation and control of input documents for sports competitions, has been clarified.
According to the amendments, the Ministry of Internal Affairs of Russia, which is responsible for maintaining this list, provides public access to the information contained in it, which indicates: full name, date and place of birth, date and number of the court decision, start and expiration dates of the administrative penalty.
The inclusion of citizens in the list is carried out upon the entry into force of a court decision. The exclusion of persons from it is carried out after the expiration of the term of the administrative punishment or in the presence of a judicial act that has entered into force on the abolition of the decision on an administrative ban.
The list may include citizens of not only the Russian Federation, but also foreign states, as well as stateless persons. There are currently 50 people on the list.
The changes also affected the requirements for registration, sale and control of input documents granting the right to attend official sports competitions. So, when they are sold to some competitions, spectators will be required to be identified by documents proving their identity. The list of such sports events will be determined by decisions of the Government of the Russian Federation.
The document was developed in order to timely familiarize the organizers of official sports competitions with the information contained in the list and take measures to prevent those persons who are subject to an administrative ban from entering the competition venues.
If such persons are identified at official sports competitions, they will be held administratively liable under Part 5 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation (“Violation of an administrative ban on visiting places where official sports competitions are held on the days they are held”). This article of the Code of Administrative Offenses of the Russian Federation provides for punishment in the form of an administrative fine in the amount of twenty thousand to twenty-five thousand rubles or administrative arrest for up to fifteen days.
Article 3.14. Administrative ban on visiting the venues of official sports competitions on the days of their holding
1. An administrative ban on visiting places where official sports competitions are held on the days of their holding consists in a temporary ban on visiting such places on the days of official sports competitions and is established for violation of the rules of conduct for spectators during official sports competitions. An administrative ban on visiting the venues of official sports competitions on the days of their holding is appointed by the judge.
2. An administrative ban on visiting the venues of official sports competitions on the days of their holding is established for a period of six months to seven years.
On July 23, 2013, Federal Law No. 192-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Ensuring Public Order and Public Security during Official Sports Competitions” was adopted. The law entered into force on January 20, 2014.
So, this Federal Law amends the Code of Administrative Offenses of the Russian Federation in terms of restricting attendance at mass sports events.
So article 3.14. The Code of Administrative Offenses of the Russian Federation introduces an administrative ban on visiting the venues of official sports competitions on the days of their holding.
The essence of the administrative ban is that a citizen is temporarily prohibited from attending sports events for violating the rules of conduct during an official sports competition. On December 16, 2013, the Government of the Russian Federation issued Decree N 1156 "On Approval of the Rules of Conduct for Spectators during Official Sports Competitions." From this decision it follows, for the violation of which prohibitions they are subject to legal liability.
So, viewers are prohibited from:
To be in the places of official sports competitions in a state of intoxication,
Throw objects at other spectators or athletes,
Insult other people
hide your faces
Carry out actions that pose a threat to their own safety, life, health, as well as the safety, life, health of other persons.
The Decree of the Government of the Russian Federation also contains a list of items that are prohibited from being carried on sports objects and use them there. These items include:
Weapons, ammunition, piercing or cutting objects, flammable and pyrotechnic substances, including signal flares, fireworks, firecrackers, gas cylinders and objects (chemical materials) that can be used to make pyrotechnic products or smoke;
Wind devices for extracting sounds (including vuvuzelas), with the exception of horns and pipes;
Alcoholic drinks of any kind,
Narcotic and toxic substances or stimulants,
Soft drinks in glass or tin containers, as well as in plastic containers with a volume of more than 0.5 liters,
Propaganda materials of an extremist nature or containing Nazi paraphernalia or symbols, or paraphernalia or symbols of extremist organizations.
With regard to the use of support means by fans, the Rules state that banners and flags, the carrying of which to the venues of sports competitions does not require agreement with the organizer of an official sports competition, should not exceed 2 meters by 1.5 meters, including including on hollow shafts not exceeding 1.5 meters in length and 2.5 centimeters in diameter. At the same time, if they contain an inscription on foreign language or the language of the republics of the Russian Federation, then the translation into Russian must be certified by a notary or by the organizer of a sports competition.
An administrative ban on visiting the venues of official sports competitions on the days of their holding is appointed by the judge and is established for a period of six months to seven years.
Part 1 article 20.31. The Code of Administrative Offenses of the Russian Federation provides for liability for violation of the rules of behavior of spectators during official sports competitions and entails the imposition of an administrative fine in the amount of three thousand to ten thousand rubles or compulsory work for up to one hundred and sixty hours with the imposition of an administrative ban on visiting places where official sports competitions are held on days their implementation for a period of six months to three years or without it.
Part 2 of Article 20.31 of the Code of Administrative Offenses of the Russian Federation provides for liability for the repeated commission of an administrative offense provided for by Part 1 of Article 20.31 of the Code of Administrative Offenses of the Russian Federation, or the commission of the said offense, which entailed the suspension or termination of an official sports competition and entails the imposition of an administrative fine in the amount of ten thousand to fifteen thousand rubles or administrative arrest for up to fifteen days with the imposition of an administrative ban on visiting the venues of official sports competitions on the days of their holding for a period of six months to seven years or without it.
The consideration of cases on these offenses, in accordance with part 3 of article 23.1 of the Code of Administrative Offenses, is referred to the competence of justices of the peace.
The internal affairs bodies keep records of persons who have been assigned an administrative ban in order to ensure the execution of a decision on an administrative ban on visiting places where official sports competitions are held on the days they are held.
During the period of official sports competitions, in order to prevent persons subject to an administrative ban from entering the venues, while serving, both at sports facilities and in the adjacent territory, employees of territorial internal affairs bodies when checking identity documents of citizens in cases stipulated by the Federal Law “On Police”, citizens are checked for the presence of an administrative penalty in the form of an administrative ban.
In addition, the legislator provides for the procedure for the organizers of official sports competitions to receive a list of persons and the right of controllers-managers involved by the organizers of official sports competitions and (or) owners, users of sports facilities to ensure public order and public safety, not to allow persons, in respect of which a court order on an administrative ban has entered into force.
In the event that a sporting event being held is included in the decision of the Government of the Russian Federation, according to which the identification of spectators at the entrance to the venue is mandatory, then in accordance with the Rules of Conduct for Spectators during official sports competitions, it is the responsibility of spectators to present an identity document of the spectator, and controllers-managers take measures to prevent persons in respect of whom an administrative ban is established from entering the competition venues by comparing the identification data of incoming citizens with the List of Persons.
If a person is identified in respect of whom an administrative ban is established directly at the venue of the competition (when suppressing an offense or identifying his personality in other circumstances, including with the help of technical means), an administrative case is initiated against this person under Part 5 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation (for violation of an administrative ban on visiting places where official sports competitions are held on the days of their holding, entails the imposition of an administrative fine in the amount of twenty thousand to twenty-five thousand rubles or administrative arrest up to fifteen days).
But all this is in theory. How this law will be implemented in practice, only time will tell. After all, in reality, the law "on fans" has many gaps. And it is not yet known whether a new law was necessary or whether it was possible to use the old ones, but clearly implemented. In any case, there is a big problem that the legislator decided to solve in this way. We hope that over time this will help to restore peace and order to the stadiums.
1. This measure, as a type of punishment, was introduced by the Federal Law of July 23, 2013 N 192-FZ. The decision on an administrative ban on visiting the venues of official sports competitions on the days of their holding, in accordance with Art.
32.14, must be executed by a person brought to administrative responsibility. The internal affairs bodies keep a record of persons who have been assigned the type of administrative punishment specified in part 1 of this article, in order to ensure the execution of the decision on an administrative ban on visiting the venues of official sports competitions on the days of their holding.
In accordance with the Federal Law "On Police", when holding official sports competitions, the police are obliged to assist their organizers in ensuring the safety of citizens and public order. The authority to draw up protocols on these administrative offenses was granted to officials of the internal affairs bodies (police), and the consideration of cases on these offenses was referred to the competence of justices of the peace.
The internal affairs bodies keep records of persons who have been assigned an administrative ban in order to ensure the execution of a decision on an administrative ban on visiting places where official sports competitions are held on the days they are held.
In accordance with the Order of the Ministry of Sports of Russia, the maintenance of a list of persons who are prohibited from visiting the venues of official sports competitions on the days of their holding is carried out by the Main Directorate for Ensuring Public Order and Coordinating Interaction with the Executive Authorities of the Subjects of the Russian Federation of the Ministry of Internal Affairs of Russia.
The basis for entering information into the list of persons who are prohibited from visiting the venues of official sports competitions on the days of their holding is the decision that has entered into force in the case of an administrative offense under Art.
20.31 of the Code of Administrative Offenses.
During the period of official sports competitions, in order to prevent persons in respect of whom an administrative ban has been established from entering the places of their conduct, while serving, both at sports facilities and in the adjacent territory, police officers are guided by the identification of these persons and carrying out with them preventive measures aimed at preventing violations of administrative law
When identifying in the territory adjacent to the venue of the competition, persons in respect of which an administrative ban is established, together with the supervisors, the police officers take measures to prevent these citizens from entering the sports facility.
If a person is identified in respect of whom an administrative ban is established, directly at the venue of the competition, an administrative case is initiated against this person under Part 5 of Art. 20.25 of the Code (for violation of an administrative ban on visiting the venues of official sports competitions on the days of their holding).
2. An administrative ban on visiting places where official sports competitions are held on the days of their holding can be imposed by a judge as both a main and an additional administrative punishment and consists in a temporary ban on visiting such places on the days of official sports competitions and is established for violation of the rules of conduct spectators during official sports competitions. Violation of an administrative ban entails the imposition of an administrative fine in the amount of 20,000 to 25,000 rubles or administrative arrest for up to 15 days.
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Over the past time, Russian fans have repeatedly given rise to tougher legislation regarding liability for illegal actions during sporting events. Fights, the use of pyrotechnics, obscene language, banners with a swastika - all this has become part of the national football. Suffice it to recall the firecracker thrown by a spectator at Dynamo Moscow goalkeeper Anton Shunin, which, in fact, became the last straw to initiate a new law.
Some clubs have begun to make successful attempts to demand damages from violators in the amount of a fine paid by decision of the Russian Football Union. In particular, the first such experience was with football club"Zenith", which collected 20 thousand rubles. from a fan who ran onto the field during the match of the 8th round of the SOGAZ Russian Football Championship with Terek, as a result of which the St. Petersburg club was fined by the decision of the Control and Disciplinary Committee of the RFU. The violator was detained by the police and a protocol on an administrative offense was drawn up against him.
In this situation, a reaction from the state was necessary, as a result of which, on January 20, 2014, amendments to the Federal Law "On Physical Culture and Sports in the Russian Federation" and the Code of Administrative Offenses of the Russian Federation, introduced by the Federal Law of July 23, 2013, came into force No. 192-FZ.
These amendments to the Federal Law "On Physical Culture and Sports in the Russian Federation" are aimed at creating the conditions necessary to properly ensure the safety of spectators and public order during official sports competitions.
The law introduces the concepts of “controller-manager” and “spectator”, as well as “place of official sports competition”. The organizers of official sports competitions, together with the owners and users of sports facilities, are entrusted with the task of ensuring measures of public order and public safety. At the same time, the provision of these measures should be carried out at the expense of the organizers and (or) owners, users of sports facilities.
The law established the rights and obligations of organizers, owners, users of sports facilities and spectators, as well as the powers of the Government of the Russian Federation to approve the rules for ensuring safety and rules of conduct for spectators. Separate changes also affected the objects of sports.
In accordance with the provisions of the Federal Law "On Physical Culture and Sports in the Russian Federation", the venues for official sports competitions must have the necessary infrastructure, video surveillance systems that allow identification of individuals while they are in the venues of official sports competitions, and technical equipment in accordance with with the rules for ensuring safety during official sports competitions.
Changes made to the Code of Administrative Offenses of the Russian Federation have tightened the responsibility of spectators for violations of public order at the venues of official sports competitions. For violation of security rules, the organizers of such competitions, as well as the owners and users of sports facilities, can now be held administratively liable in accordance with Art. 20.32 Administrative Code of the Russian Federation.
Thus, these violations, or the use of a sports facility, information about which is not available in the All-Russian Register of Sports Facilities, entails the imposition of an administrative fine on officials in the amount of 50 to 100 thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from 50 to 100 thousand rubles or an administrative suspension of activities for up to 90 days; for legal entities - from 100 to 300 thousand rubles or an administrative suspension of activities for up to 90 days. If these same actions caused harm to human health or property, then the responsibility will be tougher.
Returning to the audience, it should be noted that their rights and obligations during official sports competitions will be established by the rules approved by the Government of the Russian Federation. Along with these rules, the organizers of official sports competitions and (or) owners, users of sports facilities have the right to establish additional requirements for the behavior of spectators that cannot contradict the rules approved by the Government.
Federal Law No. 192-FZ also introduces the new kind administrative punishment, and, accordingly, the composition of administrative offenses providing for its appointment.
Thus, Article 3.14 of the Code of Administrative Offenses of the Russian Federation introduces an administrative ban on visiting the venues of official sports competitions on the days of their holding, appointed by a judge for a period of 6 months to 7 years.
This type of punishment is established for violation of the rules of conduct for spectators during official sports competitions and consists in a temporary ban on visiting places where official sports competitions are held on the days of their holding.
Part 1 article 20.31. The Code of Administrative Offenses of the Russian Federation provides for liability for violation of the rules of behavior of spectators during official sports competitions and entails the imposition of an administrative fine in the amount of 3 to 10 thousand rubles or compulsory work for up to 160 hours with the imposition of an administrative ban on visiting places where official sports competitions are held on the days of their holding for a period of 6 months to 3 years or without it.
In turn, Part 2 of Article 20.31 of the Code of Administrative Offenses of the Russian Federation provides for liability for the repeated commission of an administrative offense provided for by Part 1 of Article 20.31 of the Code of Administrative Offenses of the Russian Federation, or the commission of the said offense, which entailed the suspension or termination of an official sports competition and entails the imposition of an administrative fine in the amount of 10 to 15 thousand rubles or administrative arrest for up to 15 days with the imposition of an administrative ban on visiting the venues of official sports competitions on the days of their holding for a period of 6 months to 7 years or without it.
Violation of the rules of conduct for spectators during official events can be expressed as:
· being in a state of intoxication that offends human dignity and public morality;
throwing objects in the direction of other spectators, participants in official sports competitions and other persons who are in the venue of an official sports competition or in the territory adjacent to it;
insulting other persons (including using banners, posters, banners and other means of visual campaigning), committing other actions discrediting the honor, dignity or business reputation or aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on grounds of gender, race, nationality, language, origin, attitude to religion;
concealment of the face, including the use of a mask, except in cases specifically established by the organizer of an official sports competition, as well as disguise and other items specifically designed to make identification difficult;
Violation of public morality and norms of behavior by exposing intimate parts of the body while in the venues of official sports competitions;
penetration into the venue of an official sports competition or into the territory adjacent to it, and into areas not indicated in the entrance ticket or in the document replacing it (technical premises, areas for guests of honor, places intended for the placement of representatives of the media) , access to which is limited by the organizer of the official sports competition and (or) the owner (user) of the sports facility;
· being on the stairs during the official sports competition, obstructing traffic in the areas of the venues of official sports competitions intended for evacuation, including in the aisles, exits and entrances (main and reserve);
drawing inscriptions and drawings on structures, buildings, facilities located in the venues of official sports competitions, as well as placing foreign objects near them without the appropriate permission of the organizers of an official sports competition or owners (users) of sports facilities;
holding public events not provided for by the regulations (regulations) of holding an official sports competition;
bringing to the venue of an official sporting event and using:
Weapons of any type, including self-defense, and ammunition, piercing or cutting objects, other objects that can be used as weapons, explosive, poisonous, toxic and pungent substances, radioactive materials;
Flammable and pyrotechnic substances or products (with the exception of matches, pocket lighters), including signal flares, fireworks, firecrackers, gas cylinders and objects (chemical materials) that can be used to make pyrotechnic products or smoke;
Other substances, objects, products, including homemade, the use of which can lead to smoke, ignition;
Devices and products, including home-made products, that are not pyrotechnics, used for scattering, spraying various materials and substances (pneumatic crackers);
coloring matter;
Alcoholic beverages of any kind, narcotic and toxic substances or stimulants;
Propaganda materials of an extremist nature or containing Nazi paraphernalia or symbols or paraphernalia or symbols of extremist organizations;
Technical means capable of interfering with the holding of an official sports competition or its participants (laser devices, lights), radio stations, sound amplification means in violation of the procedure provided for by the Rules of Conduct for Spectators;
· carrying out illegal trade (including trade in admission tickets or documents replacing them), distribution by any means of products of a political, religious and racist nature (including posters, leaflets, booklets);
Violation of the administrative ban on visiting the venues of official sports competitions on the days of their holding.
During the period of official sports competitions, in order to prevent persons in respect of whom an administrative ban has been established, employees of territorial internal affairs bodies, when checking identity documents of citizens in cases provided for by the Federal Law “On Police”, check citizens for administrative punishment in the form of an administrative ban.
If a person is identified in respect of whom an administrative ban is established, directly at the venue of the competition (when suppressing an offense or identifying his personality under other circumstances, including with the help of technical means), proceedings are initiated on an administrative offense case, provided for in part 5 of article 20.25 Code of Administrative Offenses of the Russian Federation (violation of an administrative ban on visiting places where official sports competitions are held on the days of their holding, entails the imposition of an administrative fine in the amount of 20 to 25 thousand rubles or administrative arrest for up to 15 days).
The authority to draw up protocols on these administrative offenses was granted to officials of the internal affairs bodies (police), and the consideration of cases on these offenses was referred to the competence of justices of the peace.
The internal affairs bodies also keep records of persons who have been assigned an administrative ban in order to ensure the execution of the decision on an administrative ban on visiting the venues of official sports competitions on the days of their holding. In accordance with the Order of the Ministry of Internal Affairs of the Russian Federation No. 14 dated January 14, 2013 "On organizational measures to maintain a list of persons who are prohibited from visiting venues of official sports competitions on the days of their conduct", maintaining a list of persons who are prohibited from visiting venues of official sports competitions on their days carrying out, is carried out by the Main Directorate for Ensuring the Protection of Public Order and Coordinating Interaction with the Executive Authorities of the Subjects of the Russian Federation of the Ministry of Internal Affairs of Russia. competition illegal trade offense
It should also be noted that the sale of tickets and access to the territory of the sports facility with passports will be possible only in relation to competitions determined by decisions of the Government of the Russian Federation.
Thus, the federal law under consideration concerns not only fans, but also organizers of sports competitions, owners and users of sports facilities.
Consider the practice of implementing these innovations. In the 20th round of the Russian Football Championship, the fans had to get acquainted with the introduced "law on fans" with their own eyes. Some clubs gathered fans during the winter break and told them about the features of the new legislation, but not everyone was able to attend such events.
Round 20 was marked by good attendance. More than 115 thousand spectators attended 8 matches. About 5.7 thousand employees of the internal affairs bodies and military personnel of the internal troops of the Ministry of Internal Affairs of Russia, as well as more than 1.5 thousand employees of non-state security structures were involved in ensuring law and order and public safety during the matches. For committing various offenses during the football matches police officers detained and brought to administrative responsibility 38 people, including 4 people for petty hooliganism.
The most "fruitful" was the match in Khimki, where CSKA hosted "Dynamo". 19 people were detained there. For the first time, 11 people were detained under Article 20.31 of the Code of Administrative Offenses of the Russian Federation (Violation of the rules of conduct for spectators during official sports competitions).
Summing up, we can say that the adoption of this law, on the one hand, allows minimizing cases of violation of public order by spectators of the competition, and on the other hand, determines the areas of responsibility of the competition organizers and clubs. In addition, fans are now aware of the expansion of the powers of the internal affairs bodies and stadium security services and, accordingly, we can talk about the preventive function of this law, which will reduce the number of offenses even without directly applying sanctions to fans.
Listusedliterature
1. Decree of the Government of the Russian Federation of December 16, 2013 No. 1156 "On approval of the rules of conduct for spectators during official sporting events."
annotation
PROBLEMSAPPLICATIONSADMINISTRATIVEPUNISHMENTSINVIDEOADMINISTRATIVEPROHIBITIONONVISITPLACESCARRYING OUTOFFICIALSPORTSCOMPETITIONSINDAYSTHEIRCARRYING OUT
Ochakovsky Viktor Aleksandrovich Lecturer of the Department of Administrative and Financial Law, Candidate of Legal Sciences
Krutova Yana Aleksandrovna, Lecturer of the Department of Administrative and Financial Law, Candidate of Legal Sciences
Shaova Diana Ramazanovna, 2nd year student of the Faculty of Law
Musafarova Milana Majidovna 2nd year student of the Faculty of Law
Kuban state agrarian university, Krasnodar, Russia
This article discusses some of the features of the legal regulation of the administrative ban on visiting the venues of official sports competitions on the days of their holding.
Keywords: LEGAL RESPONSIBILITY, SPORT COMPETITION, ADMINISTRATIVE PROHIBITION
PROBLEMSOFAPPLICATIONOFADMINISTRATIVEPUNISHMENTINTHEFORMOFTHEADMINISTRATIVEBANONVISITINGOFVENUESOFOFFICIALSPORTSCOMPETITIONS
Ochakovsky Viktor Alexsandrovich lecturer of the Administrative and finance law department, Cand.Leg.Sci.
Krutova Yana Alexsandrovna lecturer of the Administrative and finance law department, Cand.Leg.Sci.
Shaova Diana Ramazanovna student 2 courses of law department
Musafarova Milana Majidovna student 2 courses of law department
Kuban State Agrarian university, Krasnodar, Russia
The article examines some features of legal regulation of an administrative ban on visiting of venues of official sports competitions in days of their carrying out
Keywords: LEGAL RESPONSOBILITY, SPORTS COMPETITION, ADMINISTRATIVE BAN
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