Many were interested in the question: "How to bring to justice the offender under the article for insulting a person, humiliating her dignity and honor?" For some reason, it exists in the legislation! But how does it function and under what conditions? An article for insulting a person in the workplace? At home? Outside? Maybe in the media? What article for insulting a person can make a person liable for damage? What codes or laws govern this moment? Look for answers to these and many other questions below.
Definition
The article “Insulting a Person” defines insult as a humiliation of the dignity and honor of an individual in a rude manner. The fact of publicity (a speech accessible to the general public, a work of art, or content in the media) may or may not be present. Insulting a person includes both voluntary (intentional) and involuntary (involuntary) treatment of a person in the form of inappropriate (abusive or defamatory) statements, obscene from the point of view of morality and ethics of gestures. Their written broadcast, reflection in video and audio recordings can be aggravating factors when a court imposes a sentence.
That is, any humiliation and insult of a person is subject to punishment. An article in the Code of Administrative Offenses of the Russian Federation does not make the presence of witnesses a prerequisite for a guilty verdict, however, in practice, individuals who insulted a citizen without outside witnesses are very rarely convicted. However, in a broad sense, an insult is considered a rude saying that had a negative impact on the self-esteem of an individual and his authority in society.
Types of insults
All insults can conditionally be classified according to certain criteria:
The most detailed classification criterion should be considered in more detail, since it is he who has real weight in modern society. So, the main types of insulting a person according to the article are:
- personal;
- religious
- national.
Everyone understands that the punishment for insulting an individual under an article based on religion or nationality will be higher than for that of personal hostility. Moreover, it is precisely the last two types of insults that are today the most common from the standpoint of judicial proceedings. Surprisingly, insulting a person, humiliating dignity and honor is an article widely used.
Personal insult
Unfortunately, there is nothing new and unusual in insulting amid personal hostility . Everyone faces this phenomenon every day: in the subway on the way to work, in relations with superiors, even in conversations within their own family. All this is determined by the general low level of culture in society. Personal insults have already become the norm, and Russian legislation has officially enshrined impunity not only for domestic (family) insults, but also for violence.
However, the family is not limited to everything. It is enough to watch the debate once or twice during the election campaign of presidential candidates who express themselves against each other using foul language and pour mud on their opponents. For such antics it is indeed possible to bring to administrative responsibility in accordance with applicable law, but this does not happen. Personal insults and scandals today are not only part of the sensation, but also an element of public life.
Religious insult
The infliction of moral damage by one person to another on the basis of religion is one of the most dangerous.
Today, a tolerant attitude towards other beliefs (including atheism) is actively propagated around the globe, however, various radical religious movements are still being preserved, but also actively functioning.
This is especially true of Islam (which has long been no secret to anyone). The awesome notion of ghazavat is a well-known holy war, or else a war against infidels. Under the guise of "good intentions" and guided by the unspoken rules of the Gazavat, the radicals incite religious discord, affect the minds of the public with a low level of education in this area. It is precisely because of the incomplete understanding by most of the world’s population of the principles of Islamic religion and the goals of its radical trends (which, of course, vary widely) that Muslims and Islam are mistakenly perceived as beliefs.
Thus, a chain is formed of inextricably interconnected links when representatives of one religion attack another as a result of deliberate cruel actions of radicals. But those very radical currents have nothing to do with true religion, however, for subjective reasons, it is they who add up the general appearance of this or that belief.
National insult
An article about insulting a person determines the humiliation of a person on a national basis addressed not only to this particular person, but to the whole race (nation) as a whole. And it is true.
Such issues as nationalism, chauvinism and xenophobia are inextricably linked with this issue.
Interestingly, in its primary meaning, nationalism does not imply any negative connotations. On the contrary, a reverent attitude to their nation, the upholding of its interests, no national strife is supposed is embedded in the meaning of this word. However, a trend has recently appeared (embedded in the media), when nationalism is interpreted in a negative way as the ascension of their nation over everyone else.
The concept of "chauvinism" is directly related to nationalism in a negative connotation. This is an extreme form of nationalism, which has the ideology of not just extolling a certain nation over others, but also oppressing all other nations on this basis. The ideology of chauvinism gained widespread during the Second World War, when Adolf Hitler considered all Germans to be a great nation of Aryans.
Xenophobia is a panicky fear (even horror) of everything unfamiliar, clearly different from the usual. This phenomenon also applies to skin color, language, and other characteristics that can unite a particular nation and distinguish it from everyone else. Xenophobia also translates into racial hatred.
The insult on a national basis is clearly manifested in the appearance of derogatory names for a particular nation. For example, "Muscovites", "Khachis", "Ukrainians" and so on.
Insulting personality. Article of the Criminal Code
Until December 8, 2011, there was a regulation of insulting a person under Article 130 of the Criminal Code of the Russian Federation. On the indicated date she lost force. There was a complete re-qualification of insulting a person from an article of the Criminal Code of the Russian Federation into an article of the Code of Administrative Offenses. But still, it is interesting to find out what Article 130 contained in itself and what caused its appearance in the Criminal Code.
To begin with, the provision on human dignity as an inalienable right of everyone is enshrined in the fundamental law of the Russian Federation - the Constitution. Article 21 speaks of him.
If you dig a little deeper, the appearance of an article for insulting a person in the Criminal Code of the Russian Federation becomes quite obvious. 130th article, the article for defamation and insulting a person provided for punishment not only in the form of a fine or compulsory labor, but even in the form of imprisonment for up to two years. As mentioned above, the article of the Criminal Code of the Russian Federation for insulting a person has lost its force and is not being applied now, however, only part of it that has been transferred directly to the status of administrative offenses is directly related to insulting one's dignity. Defamation is preserved in the code and is qualified as a crime. Currently, it is regulated by article 128.1 of the Criminal Code of the Russian Federation.
Code of Administrative Offenses of the Russian Federation
Insult is designated as an administrative offense already in the initial articles of the code. Now an article with this title is listed under the number 5.61. In this provision, punishments for insulting vary depending on publicity (or non-publicity), damage to individuals or legal entities (to the latter, the law is more severe). Interestingly, from the point of view of the Code of Administrative Offenses, even the failure to take the necessary measures to prevent humiliation and insulting a person qualifies as an offense. Section 5.61 imposes only a fine as punishment (most common for administrative misconduct). A more impressive fine can be imposed on legal entities in the event of a public insult to a person on their part; it amounts to five hundred thousand rubles.
Civil Code of the Russian Federation
The most widely described ways to protect the dignity of the person are described in the Civil Code of the Russian Federation. Civil liability in general is the most common among the three possible types of punishment for insult (slander). In accordance with this type of liability, moral or material compensation for damage to the reputation of the person may be assigned. The second is a monetary payment (fine) for the insult, while moral compensation involves an oral or written apology, as well as the placement of refutations of false information. The last point is mainly applied in the media industry in case of violation of human rights by the media. In accordance with Article 152 of the Civil Code of the Russian Federation, the denial of defamatory information must be made in the way that offensive information was widely available. With regard to the media, one more important point is added: the refutation must be published in the same publication (on the TV channel, radio station) in which the defamatory material was located. Inaccurate information itself must be immediately deleted at the request of the injured person.
It is important that any material that contradicts moral standards and in any way infringes on human dignity (including documents and products released into wide circulation) should be immediately withdrawn, or its production and delivery to the market should be stopped immediately ( if it is impossible to recall).
Arbitrage practice
Now you know everything about insulting a person from a legal point of view. Let us recall the most high-profile cases associated with an insult to the honor and dignity of the individual. The article “Insulting a person’s personality” did not spare even celebrities!
Malafeev vs Guberniev
Match TV commentator Dmitry Guberniev is famous for his "original" remarks. Indeed, he is rarely shy in expressions, Guberniev had to pay for it (and not figuratively, but quite realistically). The famous football goalkeeper Vyacheslav Malafeev demanded compensation from the journalist for insulting his dignity in the amount of 1,500,000 rubles. Of the declared money, the court decided to pay 750,000, but this rather big amount seriously hit Dmitry’s pocket.
Humiliated Millionaire
Svetlana Lokhova gained immense fame, who managed to get one of the largest compensation from Sberbank for all judicial practice in the field of defamation. Lokhova was constantly ridiculed by her colleagues and boss, which brought her to a nervous breakdown (after which she had to leave work). The bank’s London office paid the Russian woman more than 3 million pounds.
Insects are not held in high esteem today
Not 3 million (even rubles), but nevertheless Vitaly Milonov, a deputy of the Legislative Assembly of St. Petersburg, paid a lot for his incontinence. He gave 25 thousand Russian rubles for what he called “reptile and beetle” in a private conversation by the head of the ECOM Expertise Center Alexander Karpov.
Had fun for 25 thousand dollars
The sports sector is generally teeming with interesting stories and the most natural scandals. The head of the Russian Tennis Federation Shamil Tarpishchev had to make sure of this in his sad experience. On the TV show "Evening Urgant" he called the brothers of world-famous tennis players Serena and Venus Williams the brothers. Everything would be fine, but only the sisters went to court. As a result, Tarpishchev was suspended from work for a year and paid a fine of $ 25,000.
Royal Goat Goat
In Russia, of course, there are a huge number of events related to high-profile scandals, but not all of it is one to swell! Thailand also had an incredibly interesting story in 2013. This is an “Insulting Personality” article and a four and a half year imprisonment sentence for Noot Rungwong, the former editor of Thai E-News.
And the thing is that the democracy that is usual for the 21st century is far from established in all states of the world. An article appeared on Thai E-News in which the journalist openly spoke badly about the king of Thailand. The author of the material himself quickly collected the little things and fled to the UK, while the editor in charge of the issue had to take a full blow.