What is a public place? The definition of this term is not deciphered by law. Only in certain regulatory acts are signs that characterize this concept indicated. For this reason, many lawyers believe that this definition needs serious revision and the creation of a clearer interpretation. After all, it is precisely for offenses in public places that people are brought to administrative responsibility.
Main
In several articles of the Code of Administrative Offenses, one can come across such a concept as "public place", the definition of which the law does not contain. It is characterized only by the presence of any characteristics that distinguish it from a private territory. So, the personal property of a citizen is not considered a public place, and therefore it will not work to attract him for drinking alcohol.
Thus, a public place is a territory where people can suddenly appear at any time. For example: a bus stop, a park and a playground, educational, medical institutions, city transport, as well as other government bodies.
Since in practice law enforcement officers often attract people for smoking, drinking alcohol and behaving obscenely in crowded places, it would be useful to introduce the exact wording of the above concept into the Code of Administrative Offenses.
Signs
Many citizens often ask themselves what a public place is, the definition of which is not clearly and specifically spelled out in any normative act. Only certain signs are indicated, allowing a little understanding of what the legislator means by this term. These include:
- unhindered appearance of citizens, that is, people can appear here all of a sudden;
- bringing to administrative responsibility of persons for small hooligan actions and drinking, smoking.
Therefore , a private place, the definition of which is not fixed in the legislation, cannot be called someone’s private house, cottage, construction, garage for one simple reason that this is a personal property of a person and it would be unlawful to enter here without an invitation from the owner.
What you need to know
In addition to urban, business facilities (parks, streets, stopping complexes), all institutions that provide services to the population are considered public places. Accordingly, hospitals, clinics, schools, universities, colleges, kindergartens, various services also apply to this definition. Indeed, in each of these facilities, an unlimited number of citizens can legitimately appear.
Many citizens are interested in the question of whether the staircase and staircase will be considered a public place. Although the law does not contain definitions, it indicates that the last term may be called the territory where there is an unhindered crowd of people. Of course, access to most of the entrances of residential buildings is limited, but if a person went there and began to drink alcohol, then the neighbors will probably notice this, which means that the citizen violated their rights. Therefore, this territory falls under the specified concept.
Outside Russia
It would be interesting to know what is meant by a public place in Ukraine? After all, this state borders on the Russian Federation, but has its own laws.
If we turn to the regulatory acts of Ukraine, we can see that they do not provide for liability for smoking in public places. But in the Code of Administrative Offenses of this state there are sanctions for the use of tobacco smoke in a prohibited territory.
The laws also do not decipher such a concept as a public place, in Ukraine the definition of this term is contained in numerous legal acts. But most often here they call the territory where a large number of people gather.
What is forbidden
It so happened in Russia that in public places drinking alcohol is not allowed. After all, a person who has consumed even a small amount of alcohol is not able to completely control himself and his behavior. Smoking in public places is also not allowed. People who violate this prohibition are held accountable by police officers.
And even despite the fact that the definition of a public place in the Russian Federation has not yet been clearly regulated by legislation, separately existing signs allow us to conclude that such a term should be called those territories where a large number of citizens can freely gather. And therefore, even for petty hooliganism here, government officials must take the necessary measures.
Sanctions
The main punishment for committing an administrative misconduct in a public place is a fine. Therefore, if a person decides to drink beer at a bus stop or in public transport, then for this he will be attracted under the Code of Administrative Offenses. The same applies to those citizens who ignore the Law on the Prohibition of Smoking and continue to smoke in a public place. The law does not yet fully disclose the legal definition of the latter concept, but nonetheless, liability for violation of the rule of law exists. Therefore, people who smoke or drink beer in a prohibited area will have to pay a fine for this.
For petty hooliganism in a place of public access, a person can even be subjected to administrative arrest.
On the moral side
Everyone has the opportunity to show themselves only from the best side. Therefore, parents should from early childhood instill in their child the rules of conduct in a public place. According to the law, the definition of this term is considered to be very vague and imperfect, but this does not mean that it is not necessary to observe the rule of law and indecently behave in the presence of other people. After all, as children grow up, the rules of behavior in society will be delayed in the mind, and this will affect their future life.
Parents who do not timely explain to the child that being in a public place while intoxicated and drinking alcohol on the street or in the courtyard of the house is simply indecent, will then have to pay fines for the misconduct of their child.
On a note
Often, police officers take advantage of the illiteracy of citizens and unlawfully bring the latter to administrative responsibility, allegedly for offenses committed in a public place. The determination of the Code of Administrative Offenses does not provide for a clear one here, therefore, citizens should be more attentive and, noticing abuse of authority by law enforcement agencies, seek the advice of a competent lawyer, and it is better to file a complaint with the court.
Warnings
By law, drinking alcohol and smoking cigarettes is prohibited in public places. The Code of Administrative Offenses of the Russian Federation does not provide for a definition of the latter term, so the question of whether it is possible to drink beer on the street raises some doubts. Of course, it’s better not to take risks, but if you really want alcohol, then it’s better to go to a restaurant specially designed for this. You can still take non-alcoholic beer, as a rule, you can drink it even in the park or on a bench near the house. Due to the fact that it does not contain alcohol, the traffic police even turn a blind eye to this.
general characteristics
So, a clear concept of public space is not provided by law. There are only characteristic signs of which territory visited by citizens can have a similar name. City streets, stopping complexes, various institutions for public services, rail transport and buses are directly related to places where an unlimited number of people gather. This means that the penalties will apply only to those people who, with their immoral actions and behavior, violate the peace of citizens in the territory where other people can freely be. For example, a person waiting for a bus does not have to be a passive smoker and inhale smoke from cigarettes smoked by a nearby citizen. For such actions, the latter is subject to prosecution and punishment under the Code of Administrative Offenses. The same applies to people who are bathing naked in a fountain in the center of a city square or walking in the streets and expressing obscene expressions to outsiders.
The essence of the problem
The concept of public space is enshrined only in certain legal acts and is considered very precarious. Most accurately, the main meaning of this definition can be caught from Articles 20.1, 20.20 of the Code of Administrative Violations. After all, a citizen is punished for these misconducts, and therefore, consequences also appear here. So, for example, a person who is caught in a state of intoxication in a public place can be registered with a narcologist.
In addition, passers-by always look at the drunken man with contemptuous surprise. Of course, because a person in this state does not control himself at all. In some cases, intoxicated people appear in public in a half-dressed form and do not consider it indecent. This is where the legislative norms work. After all, being intoxicated in public places is unacceptable.