Article 'Insult to the person'. How to apply in practice

Our people even though the soul and "unraveled" and for the most part all of us, even not the happiest, but in the soul are kind and sympathetic. This very much distinguishes us from the same Europeans and even more so from Americans, as Mikhail Nikolaevich often puts it. And in all this beautiful there is one "but". This is our ability to offend one another, to put it mildly. In no language of the world is there so much obscene, to be exact, obscene words, as in the great and rich Russian language. Do not use all of them, but everyone knows. It is these words that most often offend people. Yes, indeed, in life sometimes there are angry characters around the world, who are trying all the time trying to offend or humiliate someone. How to deal with such people? In the case when you are not able to convince the "interlocutor" that his actions and statements are unpleasant to you, you can use the "letter of the law."

Want to sue for an insult? Which article is not difficult to learn. In the Criminal Code of the Russian Federation it is at number 130 and it says something like this:

• For expression in an indecent form to a person, with the aim of humiliating his dignity and honor, the victim has the right to demand compensation from the offender for moral damage. Penalty, in general, is measured in the amount of wages in a three-month volume or by public works.
• For insulting a person in a public place or by appealing to the media, you can get a fine of 80,000 rubles or in the amount of wages in a semi-annual amount, or, again, "get rid" of the performance of public works.

In our country, such a system of punishment has one significant drawback. Let's take as an example the punishment for personal insult, and the insults inflicted injure a person for a long time and cause psychological discomfort. The article "Insult to the person" should protect the innocent person as much as possible, but the official wages of the offender can be extremely small. The minimum wage for a month's labor on the territory of the Russian Federation is 4,611 rubles. Often the "paper" is carried out just such a sum or close to it. So, it is not always possible to punish "in full". With the system you can not argue. In addition, you, at least, will require eyewitnesses or a dictaphone. With eyewitnesses it turns out to be rare. Many are dismissed with the words: "You will understand ...", or something like that. You do not need to negotiate with a dictaphone, but not all have it. And run up to the offender the next day and ask him to again say everything that he thinks about you, of course, you can, but do not always live up to expectations.

And now, the usual situation. Want to punish a person for an insult, which article you know, but with the evidence does not work. To file a claim without confirmation is a waste of time. I really want people to be helped by the 130th article. An insult to a person is a serious offense that can not be allowed to go by itself. And here is one more drawback of our mentality. It is not good for us to immediately "cry", and this is the main reason for such a small number of lawsuits, which feature 130th and 129th article (insulting the person and slander, respectively). A separate conversation is necessary about libel. Although these articles have much in common, there are also fundamental differences.

Of the problems, as they say, pressing is also worth highlighting petty hooliganism. Article 20.1 of the Code of Administrative Offenses of the Russian Federation. For abuse in public places, violation of public order and silence are attracted precisely for this article. The amount of the fine is from 100 to 500 rubles or the arrest for fifteen days. Measures are more than loyal, but regularly applied. Deboshers in the streets are more than enough and they are quickly coped with by law enforcement officers.

Good luck to you. Remember, the 130th article - an insult to the person and petty hooliganism - Article 20.1, although not the most stringent, but extremely effective measures. The court building will make even the most noisy infringer. You can not find out for yourself, leave this troublesome business to the court.