Responsibility for hooliganism and property damage

Lantern poles, drainpipes, walls of residential buildings, entrances, and bus stops – there is no end to the places where you can see advertising leaflets in our city. Some urge you to order services, others to make a particular purchase, and still others are filled with requests to help find a lost pet. However, their content takes a back seat; the main thing in this situation is where they are placed. For those who prefer street advertising, special information boards have been installed in the city. Posting advertisements in other places is prohibited. This also applies to applying any inscriptions to urban infrastructure objects, which, despite the prohibition, appear with enviable regularity in various parts of the district center.

Both unauthorized advertising and the scribbles of street "illustrators" do not add to the aesthetics of our settlements. They also create headaches for housing and communal services workers, who are responsible for the image of the area. They regularly have to get rid of illegally placed printed materials and "artwork" in the form of various symbols, letters, numbers, or words. However, this problem is not only in the realm of urban improvement but also entails legal consequences.

Unauthorized advertising and the application of various inscriptions constitute an administrative offense or a criminally punishable act. The line between them, however, is very thin. For example, if an inscription caused a wide public outcry or, say, was very large, thereby causing serious material damage, then in this case, criminal liability arises under Article 341 of the Criminal Code of the Republic of Belarus. Desecration of buildings or other structures with cynical inscriptions or images, damage to property on public transport or in other public places in the absence of signs of a more serious crime is punishable by public works or a fine, or even arrest for up to 3 months. Administrative liability for intentional destruction or damage to another's property, resulting in minor damage (Article 11.3 of the Administrative Code of the Republic of Belarus), entails a fine of up to 30 basic units. Placing advertisements or leaflets in unauthorized places is classified as a Violation of the rules for the improvement and maintenance of settlements (Part 2 of Article 22.10 of the Administrative Code of the Republic of Belarus) and entails a fine of up to 25 basic units.

If the actions of the offender violate public order, the activities of organizations, or the peace of citizens and are expressed in clear disrespect for society, they will be qualified as petty hooliganism (Article 19.1 of the Administrative Code of the Republic of Belarus) and can result in a fine of 2 to 30 basic units, or public works, or administrative arrest.

This year, there is a growing trend in the district of cases falling under Article 339 of the Criminal Code of the Republic of Belarus (hooliganism). According to its first part, intentional actions that grossly violate public order and express clear disrespect for society, accompanied by violence or the use of violence, or the destruction or damage of another's property, or distinguished by their exceptional cynicism – are punishable by public works, or a fine, or arrest for up to 6 months, or imprisonment for up to 3 years. However, hooliganism committed repeatedly, or by a group of persons, or involving resistance to a person suppressing hooligan actions, or associated with causing less serious bodily harm (Part 2 of Article 339 of the Criminal Code of the Republic of Belarus – malicious hooliganism) – is punishable by arrest for a period of 3 to 6 months, or restriction of liberty for up to 5 years, or imprisonment for a period of 1 to 6 years.

As a rule, hooligan acts are committed in public places against strangers. The main motive is self-assertion. Therefore, it is not surprising that such cases are most often registered in drinking establishments in the district center, and the instigators of conflicts are usually intoxicated. Under the influence of alcohol, a person begins to feel uninhibited, ignores the dignity of other people, and develops a deceptive sense of permissiveness, which leads to hooligan actions.

Criminal liability for hooliganism, as well as administrative liability for petty hooliganism, begins at the age of 14, as they pose an increased public danger compared to other offenses. The difference between petty hooliganism and criminal hooliganism lies in the degree of public danger of the act committed.

Deputy Head of the Internal Affairs Department

of the Postavy District Executive Committee – Head of Police

of Public Security A.G. Myadelko