Public place: definition by law

What is a public place? The definition of this term by law can not be deciphered in any way. Only in certain normative acts are the signs characterized by the given concept. For this reason, many lawyers believe that the definition needs serious finalization and a clearer interpretation. After all, it is for violations in public places that people are brought to administrative responsibility.

Basic

In several articles of the Code of Administrative Offenses, one can come across such a notion as a "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 area. So, the personal property of a citizen is not considered a public place, and therefore it will not be possible to attract him for drinking alcoholic beverages.

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 facilities, public transport, as well as other government agencies.

Since in practice law enforcement officers often attract people for smoking, drinking alcohol and behaving indecently in places where citizens are generally crowded, it would be superfluous to introduce the exact wording of the above-mentioned concept into the Code of Administrative Offenses.

Symptoms

Many citizens often ask themselves what is a public place, the definition of which is not clearly and specifically spelled out in any normative act. Only some indications are indicated, allowing a little understanding of what the legislator means by this term. To them it is possible to carry:

- unhindered appearance of citizens, i.e. people can appear here quite suddenly;

- bringing to administrative responsibility of persons for small hooliganism and drinking, smoking.

Therefore, a private place, the definition of which is not enshrined in the legislation, can not be called someone's private home, dacha, construction, garage for one simple reason that it is a person's personal property and enter here without the owner's invitation will be illegal.

What you need to know

In addition to urban, economic facilities (parks, streets, stopping complexes) public places are all institutions that provide services to the public. Accordingly, hospitals, clinics, schools, universities, colleges, kindergartens, various services are also relevant to this definition. After all, in each of these objects, an unlimited number of citizens can legitimately appear.

Many citizens are interested in the question of whether the entrance and staircase will be considered a public place? Definitions of the law though does not contain, but indicates that the last term can be called the territory where there is an unobstructed accumulation of people. Of course, in most of the entrances of apartment houses, access is limited, but if a person went there and started drinking alcohol, then neighbors will probably notice it, which means that a citizen violated their rights. Consequently, the given territory falls under this concept.

Outside of Russia

It would be interesting to find out what is meant by a public place in Ukraine? After all, this state borders on the Russian Federation, but it has its own laws.

If you turn to the regulatory acts of Ukraine, you can see that they do not provide 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 the prohibited territory.

In the laws there is also not deciphered such a notion as a public place, in Ukraine the definition of this term is contained in numerous legal acts. But most often here it is called the territory where a large number of people accumulate.

What is forbidden

It so happened in Russia that drinking of alcoholic beverages is not permitted in public places. After all, a person who has used even a small amount of alcohol, is not able to fully control himself and his behavior. Also, smoking is not allowed in public places. People who violate this ban are held accountable by police officers.

And even though 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 meet. Therefore, even for petty hooliganism, the authorities must take the necessary measures.

Sanctions

The main penalty for committing an administrative misconduct in a public place is a fine. Therefore, if a person decides to drink beer at a stop or in public transport, then he will be involved for this under the article of 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 nevertheless responsibility for violation of law and order exists. Therefore, persons who lit or drank beer in the prohibited territory, will have to pay a fine for this.

For petty hooliganism in the place of common access a person can be subjected even to administrative arrest.

From the side of morality

Everyone has the opportunity to show themselves only from the best side. Therefore, parents should, from an early age, instill in their children the rules of behavior in a public place. By law, the definition of this term is considered very vague and undeveloped, but this does not mean that one should not observe the rule of law and behave indecently in the presence of other people. After all, as children grow older, the rules of behavior in society will be postponed in the mind, and this will affect their future lives.

Parents who do not timely explain to the child that being in public places in a state of intoxication and drinking alcohol on the street or in the courtyard of the house is simply indecent, will then have to pay fines for illegal misconduct of their child.

On a note

Often, police officers use the illiteracy of citizens and unlawfully attract the latter to administrative responsibility, allegedly for offenses committed in a public place. The definition of the Code of Administrative Offenses is not clear here, so citizens should be more careful and, having noticed abuse of authority by law enforcement agencies, seek advice from a competent lawyer, or rather with a complaint to the court.

Warnings

By law, drinking and smoking cigarettes is prohibited in public places. COAP RF definition of the last term does not provide, 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 a drink, then it's better to go to a special institution for this purpose. Still it is possible to take nonalcoholic beer, as a rule, it can be drunk even in a park or on a bench near the house. Due to the fact that there is no alcohol in it, even traffic policemen close their eyes.

general characteristics

So, there is no clear definition of a public place by law. There are only characteristic signs of what territory visited by citizens can have a similar name. City streets, stopping complexes, various institutions for serving the population, rail transport and buses directly relate to places where an unlimited number of people gather. This means that penalties will apply only to those people who, through their immoral actions and behavior, violate the peace of citizens in a territory where other persons can freely be. For example, a person waiting for a bus does not have to be a passive smoker and inhale the smoke from cigarettes smoked by a nearby citizen. For such actions, the latter shall be brought to account and punished under the Code of Administrative Offenses. The same applies to people who, in a nude, bathe in a fountain in the center of a city square or walk the streets and make obscene expressions about outsiders.

The essence of the problem

The concept of a public place is fixed only in separate legal acts and is considered very shaky. Most accurately, the main meaning of this definition can be caught from articles 20.1, 20.20 of the Code on Administrative Violations. After all for the specified offenses the citizen bears punishment, and consequently, here there are also consequences. So, for example, a person who is intoxicated in a state of intoxication in a public place can be registered with an expert in narcology.

In addition, on a drunken man passers-by always look with a contemptuous surprise. Of course, because a person in this state does not control himself at all. In some cases drunken people appear in public places in a half-dressed form and do not consider this indecent. This is where the legislative norms work. After all, being in a state of intoxication in public places is unacceptable.