What Is The Penalty For Drinking Alcohol In A Public Place?

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What Is The Penalty For Drinking Alcohol In A Public Place?
What Is The Penalty For Drinking Alcohol In A Public Place?

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Video: Is Drinking in Public Legal ? | Mayur Faria | What The Law 2022, November

In 1995, a Code of Conduct Act was passed, which provides for administrative fines for drinking alcoholic beverages. This made it possible to protect citizens from an unpleasant spectacle at the legislative level.

What is the penalty for drinking alcohol in a public place?
What is the penalty for drinking alcohol in a public place?

After the relevant law was adopted, the number of offenses committed by drunk people decreased, the indicators of child alcoholism decreased, since the law also restricts the sale of alcoholic beverages within walking distance from schools, gymnasiums and lyceums.

The very concept of a "public place" is not regulated by the article, but it is customary to consider as such all objects where the congestion of people is always large - it can be a park, and a store, and a stadium or concert venue of any level. Many social activists insist on a revision of the legislation and a clear formation of a list of places where it is strictly forbidden to drink. So far, Article 171 of the Federal Law is tied to other laws.

What is drinking in a public place

To eliminate the risk of committing an offense, responsible citizens will help to know what a public place is. It is generally accepted that this

  • a place that is not someone's personal property,
  • parks, streets, stops and even staircases, spans, elevators,
  • educational, medical, sports, government facilities,
  • trains, planes, minibuses, buses, trams, trolleybuses.

That is, you can drink alcohol where such actions do not interfere with other people.

Law Prohibiting Drinking Alcohol in Public Places

Aspects of alcohol turnover - production, sale, consumption - are regulated by Article 171 of the Code. It is constantly being edited, changed and updated with new norms. According to the latest revision, alcoholic beverages prohibited in public places are considered

  • simple and sparkling wines,
  • all kinds of beer, any cocktails,
  • tinctures and cognacs,
  • drinks with a strength of 40% and more,
  • artisanal alcohol,
  • products not intended for drinking.

In simple terms, in a public place you cannot drink anything that causes intoxication.

Drinking alcohol in the presence of children

One of the most serious administrative penalties is provided for this offense. Persons who allow themselves to drink alcohol in the presence of their child or where there are other people's children run the risk of receiving an impressive fine.

The law does not provide for punishment for the use of alcoholic beverages with children in their apartment, but only if the actions of adults are not dangerous for the child. Drinking within reasonable limits, without involving minors in the process, without rowdy and without causing discomfort to neighbors, others, a person does not break the law.

But if in the family mom and / or dad abuse alcohol in the presence of children, do it constantly and neglect upbringing, caring for children, their actions can serve as a reason not only for a fine, but also for deprivation of the right to be called parents.

Drinking alcoholic beverages by minors

It is illegal for teenagers to buy and drink alcohol. But the punishment for an atrocity, regardless of whether it occurs at home or outside, is provided only for the parents of a minor drinker. Of young people, those who have already crossed the age threshold of 16 are subject to punishment.

The amount of the fine varies from 1,500 to 2,000 rubles, and depends on the severity of the offense - what state the teenager was in, whether he violated public order and how seriously, whether the police had to detain him.

Who will pay the fine - the parents or the offender himself - depends on his age. Persons over 16 years of age must pay the amount established by the administrative court on their own in the generally accepted manner.

Accountability for drinking alcohol

Keeping track of the order is the duty of the police department staff. They have the right to draw up a protocol on the offense if they have recorded the fact

  • drinking alcohol within common areas,
  • inappropriate behavior, incoherent speech,
  • reacting aggressively to comments made.

The protocol is usually not drawn up immediately. The police make a remark and ask you to stop drinking alcohol. If, in response to him, they begin to be rude, show aggression, they draw up a protocol, they can detain the violator for up to 15 days.

On the basis of the protocol drawn up by the PPSniki, an administrative case is initiated, which is considered in court after clarification of all its circumstances.

What threatens an administrative fine for drinking alcoholic beverages

Many citizens are dismissive of fines, which is wrong in relation to themselves. Negative consequences for the fact of bringing to responsibility of an administrative type may be in further biography.

The citizen who is under police supervision and is brought to administrative punishment can also be punished criminally. The presence of several violations of this type, from 2 or more, can also lead to a real date.

Those who were involved in the involvement of adolescents in alcohol use also receive a real term of imprisonment. Persons who drink in the walls of preschool educational institutions are severely punished, and even when there are pupils, that is, young children.

How to pay a fine for drinking alcohol

Any fine must be paid within 2 months (60 days) after the entry into force of the decision. Russian law states that the decision is valid 10 days after the trial. That is, the offender, in fact, has 70 days after the trial to find funds to pay the fine and deposit them into the account of the state.

This can be done at the cash desks of any bank, in special payment terminals or at ATMs. You can also pay through Internet banks, in your personal account. The main thing is to provide the court with evidence that the fine has been paid. This could be a check or a statement from the offender's personal bank account.

How to check whether a fine has been paid or not

Innovative technologies allow you to check the payment of fines without leaving your home - on the portal of public services or another service. Lawyers recommend doing this without fail, so that there is no punishment for evading punishment.

You can check whether the fine has been paid or not by surname, decree number and other data on the portals of the following departments:

  • government services,
  • Bailiffs Service,
  • tax office,
  • migration service (for citizens of other states).

The listed Internet resources allow you to view information not only about fines for the use of alcoholic beverages, but also others. You can visit these departments in person and request the necessary information on the execution of administrative duties.

Responsibility for non-payment of a fine

Among the violators of public order, who are assigned a fine, there are many so-called dodgers. It is important to understand that for this crime, the law provides for punishment:

  • appointment of another penalty (fine),
  • doubling the fine - the amount must be from 1,000 rubles and above,
  • arrest for a period of at least 15 days and forced payment of a fine,
  • community service - from 50 hours or more.

If the execution of the court decision is repeatedly neglected, then the punishment is tougher. The term of arrest is increased to 50 days, the fine can be increased several times, the time of community service - up to 1-2 months.

Statute of limitations for administrative fines

As in criminal cases, and in administrative cases, including for drinking alcohol in public places, there is a statute of limitations. The concept implies a certain period, after which the violator is no longer entitled to punish.For administrative matters, this is 2 years. The opinion that you can not pay the fine for two years and it will be automatically written off is erroneous and can lead to a more serious punishment.

The limitation period applies in rare cases that comply with the legislation in force in the state. It is possible to avoid punishment (fine) only if the court's decision on an administrative offense is unjust, complaints and relevant statements were received from the person recognized as the violator, he tried to challenge the adopted decision.

Where alcoholic beverages are allowed

On the territory of each municipality, be it a city or a village, there are definitely places where it is officially allowed to drink alcohol - these are bars, cafes, restaurants. Visiting them and drinking alcoholic beverages on their territory will not be punished.

You can have fun at the table with alcohol and at home or in your yard, but at the same time you cannot interfere with your neighbors - make noise, brawl. It is also a criminal offense to involve young children or adolescents under the age of 16 in the process.

If you follow these legal and moral rules, then there will be no fines or other negative consequences for a party with alcoholic drinks. It is important to understand that the law is created for the benefit of each of the citizens of the Russian Federation.

Is it possible to avoid liability for drinking alcohol in a public place

In view of the fact that the article on administrative responsibility for this offense does not contain a clear list of public places, decisions on it can be challenged. For example, a protocol was drawn up for drinking alcoholic beverages on the playground at night when there are no children or anyone else there. This fact can become a weighty argument in favor of the offender, because at the time of the administrative crime there were no people around.

It is also possible to appeal against the decision to impose a fine if the container with alcohol was hidden in a paper bag, and the offender did not have visual, pronounced signs of intoxication.

The procedure for filing a petition to appeal against a court decision presupposes filing a corresponding statement with a higher judicial authority within 10 days after the trial, while the requirement to pay a fine has not yet entered into legal force. The complaint must be recorded by an official of the organization in the presence of the applicant.

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