Quite often a crime happens in Russiacalled arbitrariness. Far from the worst violation, but it takes place. It is subject to criminal liability in one scale or another. True, not in too tough form. Therefore, many allow themselves to engage in arbitrariness. Possible measures to prevent this crime are contained in article 330 of the Criminal Code of the Russian Federation. But what exactly is the act in question? And what sanctions will apply to the defendant? Is it possible to avoid somehow punishment under this article? All this further!
The concept of
The first step is to figure out whatspecifically we are dealing. After all, arbitrariness should have some clear definition characterizing the violation. This should help distinguish arbitrariness from similar crimes.
The way it is.By arbitrariness, they mean unauthorized actions of a citizen that violate the norms and rules established by law. The legality of actions in a similar situation can be challenged by other people or organizations.
As you can see, not everything is as simple as it seems.Something arbitrariness is similar to robbery or extortion, for example. But the distinctive features of this crime is still there. Usually it is aimed at the implementation of existing legal rights. For example, arbitrariness can be called the work of collection companies, accompanied by extortion, threats or damage to property. What can Article 330 of the Criminal Code of the Russian Federation report on this? What are the penalties for this crime?
Fine
Usually criminal liability is notthe most serious is expressed in cash payments. Or rather, a fine in one size or another. Self-government without features, but providing significant harm to something, is primarily accompanied by just such a punishment.
In this case, the penalty is not imposed very large.It reaches a maximum of 80,000 rubles. As an alternative payment, the court sometimes decides to withdraw the defendant’s income (usually salary) for a certain period of time. Self-righteousness with substantial damage is punishable by payments in the amount of the offender’s profits for a maximum of six months.
Work days
This does not end all measures requiredto the criminal Public works in one form or another is what article 330 of the Criminal Code of the Russian Federation "Samouprastvo" implies. If there were no aggravating circumstances, except for the damage caused in significant amounts, one can hope to serve the sentence in the form of social labor.
What is this about?Mandatory and corrective work is assigned. In the first case, they can not exceed 480 hours, in the second - 24 months. Not the worst punishment, but they have a place. In practice, there are also not very often. Despite this, article 330 of the Criminal Code of the Russian Federation "Samouprastvo" provides for several other types of punishments and situations related to our current crime.
Arrest
For example, what if the court considers everythingThe above measures are not effective enough? Is there really no punishment? Or maybe it is simply rendered completely at the discretion of the judicial authorities?
Вовсе нет.Article 330 of the Criminal Code, in addition to the listed punishments for arbitrariness with substantial damage, provides for the last significant option "punishment". Namely, the arrest. Far from being the most serious punishment in the entire Penal Code, but it takes place. And for some it really is a weighty argument for abstaining from arbitrariness.
In this situation, the arrest will not be toolong The maximum allowed by the article is 6 months. And after no additional preventive measures re-offense is not appointed. Although such a punishment really motivates many not to commit arbitrariness. Many are afraid of arrest.
Violence and threats
What else does Article 330 of the Criminal Code of the Russian Federation indicate?Judicial practice, and the legislation of the Russian Federation, are faced with arbitrariness, which was accompanied by threats of use or direct implementation of violence. These are aggravating circumstances that impose more severe penalties on the offender.
There are no fines in this case and there will be nocan. But social work has not been canceled. True, he is now exclusively compulsory, and also lasts as much as 60 months. Such a scenario would be considered by the court when arbitrariness was accompanied by violence or threats of its use.
Arrest also takes place.But he is no different from the previous case. That is, this kind of conclusion can last a half year maximum. And nothing more. This is exactly what article 330 of the Criminal Code of the Russian Federation says (with and without comments). True, there is the last measure to combat criminals who have committed arbitrariness, threatening or using violence. Which one?
Encroachment on freedom
Most people have criminal responsibilityassociated with imprisonment. To some extent it is. Indeed, for certain punishments or in the presence of aggravating circumstances, such a measure is often appointed.
При самоуправстве она тоже имеет место.If this crime was accompanied by threats or use of violence, the defendant may be put in jail for 5 years. The term may be reduced at the discretion of the court, which in practice is almost never met.
Ambiguity
Article 330 of the Criminal Code of the Russian Federation ends here."Arbitrariness". Comments to it bring some clarity to the nuances of crime. The thing is that the subject of the act can be any person who has reached the age of 16 years. A person must be sane, adequate. In this case, punishment will be imposed on the above items, taking into account the circumstances of the case.
But sometimes arbitrariness is committed by officials.persons, employees of detective and security services. Under such circumstances, the article studied loses its relevance. Instead, actions are qualified under the articles: 286, 285 or 203 of this Code of the Russian Federation.
How to dodge
Some citizens are interested in how to get away from article 330 of the Criminal Code of the Russian Federation. Can this be done? Easily! Simply act according to the law, not to violate the established rules.
All you have to do is prove it.the legitimacy of their actions. After all, initially a citizen, according to the definition of a violation, has certain powers to exercise certain rights. If you can prove that you did not violate any established norms, you will be able to avoid punishment.
How else can you avoid article 330 of the Criminal Code? You can try to act through a trusted person who does not "pass" you. Then it will be on it all the charges, which is not too honest and correct.
