Violation of the Procedure for Organizing and Holding Public Events (Problems of Interpretation and Application of Article 2121 of the Criminal Code of the Russian Federation)

The incentives for the preparation of this article were the numerous legal and technical shortcomings of Art. 2121 of the Criminal Code of the Russian Federation, which appeared in law enforcement practice; also a long-term public outcry generated by real and far-fetched problems in the application of this article. The first attempt to assess and partially eliminate these shortcomings was made by the Constitutional Court of the Russian Federation in the Decree of February 10, 2017 No. 2-P “In the case of checking the constitutionality of the provisions of Art. 2121 of the Criminal Code of the Russian Federation in connection with the complaint of citizen I.I. Dadin". Three years of experience in the application of this Resolution showed that with its help it was not possible to completely eliminate the imperfection of Art.2121 of the Criminal Code of the Russian Federation and the conflict of norms enshrined in this article, as well as in Article 20.2 of the Code of Administrative Offenses of the Russian Federation. Moreover, the Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P and the need for its correct application gave rise to a number of new problems. These problems prompted the Expert Council under the Commissioner for Human Rights in the Russian Federation to formulate and consider the most important issues of interpretation and application of Art. 2121 of the Criminal Code of the Russian Federation in connection with the adoption of this Decree. The article not only provides answers to these questions, but also reveals the contradiction of certain provisions of the Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P to the concept of «corpus delicti» that dominates the domestic theory of criminal law. The necessity of adopting a special resolution of the Plenum of the Supreme Court of the Russian Federation on the application of Art. 2121 of the Criminal Code of the Russian Federation and other articles of the Criminal Code of the Russian Federation, providing for liability for related crimes under Art. 149, 212, 213, 214, 318, 319 and 330 of the Criminal Code of the Russian Federation.

criminal law, crime, administrative offense, repetition, violation of the order of conduct, meeting, rally, demonstration, procession, picketing, conflict of law, interpretation, law enforcement