Administrative and legal regulation of public morality and public order

Akhtanina Natal'ya Anatol'evna PhD in Law Senior lecturer, Department of Administrative Law and Administrative Activity of the Department of Internal Affairs, V. V. Lukianov Orel Law Institute of the Ministry of Internal Affairs of the Russian Federation 302027, Russia, Orel, Ignatova str., 2 akhtanina@inbox.ru Other publications by this author

Introduction. A huge number of administrative offenses are recorded annually on the territory of the Russian Federation, tens of millions of citizens are brought to administrative responsibility, in 2023, 6 140 323 cases of administrative offenses were considered by the courts alone, of which 5,021 903 offenders were administratively punished ^[15]. This fact determines the importance of regulating particularly significant areas of public relations.

The problems of defining public morality and public order, their structure and legal regulation have been sufficiently studied and are reflected in the works of S.N. Alekseev ^[1], S.A. Bobrinsky ^[5], O.A. Dizer ^[6-8], M.I. Eropkin ^[10], O. I. Korotkova ^[11], A.V. Seregina ^[13], Yu.P. Solovyova ^[14]. K.A.Ustylentsev ^[18].

However, it should be noted that this topic aroused the greatest interest among scientists in the Soviet times of the twentieth century ^[17], and currently the characteristics of public relations in the field under study have changed significantly and continue to change at a fairly rapid pace. New types of offenses are emerging, and their qualifying features are being specified.

It is important to note that the actions taken by the State today to combat administrative tort are not yielding the desired results. Currently, the number of administrative offences in the field of public order and public safety remains quite significant. In 2020, the courts alone considered 3,410,643 cases, in 2021 – 4,392,477, in 2022 - 3,107,247, in 2023 – 2,247,390 (which is more than one third of all considered offenses) ^[15].

It should be borne in mind that the decision on the above category of cases, when imposing penalties as punishment, can also be made by law enforcement officers. For example, in the Orel region in 2023, 23,902 administrative offenses were detected, of which:

- 6,682 - under Article 20.20 of the Administrative Code of the Russian Federation (drinking alcoholic beverages in a public place), 2,409 - under Article 20.21 of the Administrative Code of the Russian Federation (appearing in a public place in a state of intoxication), 1,713 - facts of minor hooliganism (Article 20.1 of the Administrative Code of the Russian Federation), which is a fairly large proportion of the total number of offenses and confirms the importance of countering them.

It seems reasonable that there is currently a growing tendency in society to disregard the norms of morality and law. Quite often, individuals commit offenses in the field of public order in conjunction with offenses that infringe on public morality. Thus, in 2023, the courts considered 303,848 offenses infringing on the health, sanitary and epidemiological welfare of the population and public morals, in 2022 - 363,769; in 2021 – 412 577; 2020 – 379499 ^[15]. Police officers carry out preventive work to counteract offenses in this area, and often when such offenses are detected, especially by teenagers, police officers limit themselves to verbal warnings and conversations with parents, so there is no increase in illegal acts, but quantitative indicators remain significant.

Thus, it can be argued that the topic of countering offenses in the field of public morality and public order does not lose its relevance, as it is inextricably linked to all social processes taking place in society. And despite certain qualitative changes in public relations, in our opinion, moral guidelines should remain unchanged, especially among young people, and maintaining an appropriate level of public order at all times is the basis for the development of all spheres of society.

The main part. Let us turn to the theoretical definitions of the concepts under study. Public order, according to O.I. Korotkova, is a certain property (quality) of the system of public relations, which consists in such an orderliness of social relations, leading to the rhythm and consistency of public life, the free exercise of their rights and duties by participants in public relations, the protection of the legitimate interests of participants in public relations, personal and public peace ^[11]. In our opinion, the above concept reflects the basic essential characteristics of public order, but the author does not pay attention to the special feature of the place of commission of this offense - the public. And also, the concept outlined in this context has a "blurred" boundary with the concept of public safety, defined by us as a property of an ideal social system in which all participants in public relations have the free exercise of their rights and duties, the protection of their rights and interests, personal property and public peace.

In our opinion, M.I. Eropkin more fully reveals the definition of public order as "a system of volitional public relations determined by the interests of the whole people, regulated by the norms of law, morality, rules of community and customs, which are formed mainly in public places, as well as public relations that arise and develop outside public places, but by their nature ensure protecting the life, health, and honor of citizens, strengthening national wealth, public peace, and creating normal conditions for the activities of enterprises, institutions, and organizations" ^[10].

It is interesting to note the opinion of A.V. Seregin, according to which "... legislation providing for liability for offenses and aimed at protecting public order provides protection from encroachments by various groups of public relations, which in their content meet certain criteria" ^[13].

In his opinion, the first group is formed by relations that ensure a state of public peace, consistency and rhythm of the most significant processes and phenomena, the life and activities of large collectives or groups of people, or even the general population of cities, districts and other settlements. The second group of public relations under consideration is formed by those that contribute to maintaining the personal peace of citizens and the prevailing favorable routine of their lives. The third group of relations forming the sphere of public order includes those that ensure compliance with the requirements of public morality about respect for honor and human dignity ^[13]. We agree with his position, since offenses committed against morality violate public order to one degree or another, and it does not seem necessary to separate these areas.

Scientific interest in the topic of public morality, as a legal category, is due to the existence of various types of offenses encroaching on this object, the occurrence of which is dependent on various social factors ^[12]. For example, such as the low standard of living of people, which is the root cause for their occurrence, various addictions, for example, attachment to alcohol consumption, as well as social injustice that develops in society. For many years, they tried to keep silent about the latter factor, and even today they try not to focus on it, although even on a regional scale it is possible to trace the relationship between the economic status of a subject and the specific, as well as quantitative characteristics of offenses.

According to O.A. Dizer, the first years of Soviet power were characterized by the active struggle of the state against antisocial phenomena, aimed at eliminating the conditions of their existence and spread. However, the distortions of law enforcement practices that took place during the socialist era, ignoring social patterns and realities, led to the erroneous claim that along with the elimination of unemployment, all causes of any social anomalies were eliminated. Thus, the issues of countering offenses in the field of public morality in the USSR were banned ^[7]. We are impressed by these judgments because the distortion of any indicators does not allow us not only to identify the causes of offenses (which allegedly do not exist), but also to properly organize preventive work and causes their growth.

It is important that at different historical times this concept of morality was a tool through which the regulation of social relations was carried out ^[9]. For thousands of years, actions and behavior in general have been recognized by the state and society as ethical and morally sublime, and vice versa. But social processes have transformed over time, flowing from one phase to another. For example, something that was once considered acceptable was deformed, and as a result, it has now ceased to be so. However, ethical and moral principles themselves cannot influence the quality of life, such an influence becomes possible when the state, represented by competent authorities, tries to turn moral principles into legal norms. And in this case, it would be appropriate to mention the philosopher V.S. Solovyov, who pointed out that a person who neglects moral interests and acts solely for profit or self-love deserves every condemnation, and the moral interests of a particular person directly influence or even are the genesis of the general moral interest of the people, which already belongs to the national aggregates ^[14].

Morality, as an independent concept, is a fundamental and integral concept of building relationships, as well as one of their important regulators of social, cultural, political, economic and other spheres of human activity. Touching upon such a concept as morality, we need to mention morality, or rather highlight the distinctive features of the first from the second. Most people use the concept of morality and morality as synonymous in their speech, but this is not entirely true, although these concepts are, of course, close in meaning ^[8].

Morality is a general value characteristic of culture, which directs human activity to affirm self-esteem of the individual, as well as to reinforce the existing equality of people in their needs, and, consequently, the desire for a happy and decent life ^[3]. In other words, morality is a socially accepted system of norms and values that aims to establish human relationships. As for morality, this concept characterizes the internal principles of a particular person, as well as their implementation, and at the same time these principles have the property of universality.

However, it can be noted that the concept of "morality" is actually the embodiment of moral norms and values in the actions of each individual, and morality, developing in its existence, is a reflection of universal interests, therefore, these concepts relate as a part and a whole.

Thus, on the one hand, public morality is considered as a set of traditions and customs of a certain ethnic group that have been formed for a long time, and everything that contradicts these traditions is immoral ^[9]. On the other hand, social morality consists in the existence of a system of imperative dictates that are characteristic of an individual's conscience, as well as governing his will and actions ^[2]. Finally, the most general concept of public morality characterizes it as a historically formed condition of social relations that arose as a result of the influence of customs, traditions, the foundations of morality and morality, regulated by the norms of law and, accordingly, under the protection of the state ^[6]. The State ensures and tries to maintain proper security against attacks on public morality precisely through administrative and legal protection.

The administrative and legal protection of public morality is the activity of public authorities in the development and further implementation of public policy, which is aimed at creating conditions that meet the needs of the favorable development of social ties, which have customs, traditions, as well as morality and morality as the primary cause of their origin^[5]. These conditions contribute to ensuring the physical, mental, social, cultural and spiritual well-being of both an individual and society as a whole, their regulatory and legal regulation, and in addition, they are characterized by the right to implement legal regulations in this area. In addition, it is necessary to supplement this definition with the fact that administrative and legal protection includes a set of coercive measures applied by police officers against persons leading an antisocial lifestyle.

Administrative and legal regulation measures should be interpreted as ways of legally influencing public relations, provided for by legislation and applied in order to mitigate threats to society by identifying, limiting, preventing, suppressing and punishing them. These measures are taken directly to ensure the integrity and inviolability of public morality, and they also have their own distinctive features, namely a socio-medical police nature and a focus on more effective public administration.

The measures of administrative and legal protection of public morals mentioned by us are an integral part of the prevention of offenses, consolidating social and medical aspects, as well as directly forming the legal consciousness of citizens.

It should be noted that the subjective reasons and conditions for committing administrative offenses that infringe on public morality and public order include:

1) domestic and labor insecurity of subjects of administrative offenses, drunkenness;

2) their difficult financial situation;

3) low level of legal awareness and legal culture of citizens, their legal nihilism;

4) alcoholization and drug addiction of the Russian population.

Examining the historical information on measures aimed at protecting public morality from the threats associated with alcoholism and drug addiction, we can once again state the fact that the legal regulation of this area was constantly in a state of change, some measures were becoming obsolete and new ones were being introduced. Considering this fact, we consider it necessary to take into account the principle of continuity in the implementation of alcohol policy in the Russian Federation at the present stage, to evaluate the experience of the past years and millennia, in which the basis was consistency in the application of measures to eliminate drunkenness, which is characterized by massive and is a source of negative consequences for others. Of course, in order to minimize or completely negate the widespread use of alcohol, society needs radical, but at the same time acceptable measures of social control over both the distribution of alcoholic beverages and their consumption. That is why not only the existence, but also the actual implementation of anti-alcohol policy measures is an integral part of the modern social policy of the state, which is aimed at protecting people's lives, since according to Article 20 of the Constitution of the Russian Federation, everyone has the right to life, and this is the most important and inalienable human right and a guarantee of his decent existence.

It is impossible not to notice the amount of damage caused by the effects of alcohol on the consciousness of people, citizens of our state. S. A. Bobrinsky was convinced and called for recognition of the fact that "alcohol is a terrible poison," believing that the treatment and prevention of alcoholism "through moral and physical influences" should have its origins back in puberty period. As for the impact itself, it should be accompanied by a personal example promoting theses about the dangers of alcohol consumption ^[5]. However, in our opinion, nevertheless, in order to prevent alcohol consumption during puberty, it is necessary to work primarily with families. The bulk of this work is carried out by police officers (district police officers and juvenile inspectors), but currently there is a significant shortage of personnel in the above-mentioned services (50 percent or more in some regions), which complicates the organization of preventive work. One precinct officer sometimes has to maintain three or more administrative sites. In our opinion, the staffing of these services will significantly improve the effectiveness of preventive work with families where there are facts of systematic alcohol consumption and violations of public order.

Positive results in the implementation of an anti-alcohol policy can be achieved only through the synthesis of formal and actual implementation of alcohol consumption control measures. The object of these measures should be not only people who directly consume alcohol, but also society as a whole. And when implementing these measures, it is necessary to have a real understanding of the existence of a "healthy lifestyle" strategy. Despite the fact that alcohol is a legalized product in Russia, there must be a culture of its consumption. If there is none, it will lead to negative consequences not only for those who consume the products, but also for those who are in the environment. In a situation where a person is unable to exercise control over their actions due to the effects of alcohol on them, they are potentially a source of danger to both public order relations and public morals.

It should be noted that according to the author's research ^[4], alcohol consumption plays a predominant role among the causes of repeated offenses: every second minor hooliganism, every third beatings are committed by subjects in a drunken state. Almost every fourth person who has committed minor hooliganism, beatings, and every fifth person who has committed acts classified under Article 20.20 of the Administrative Code of the Russian Federation has previously been brought to administrative responsibility.

A study of the materials of administrative cases initiated by the Ministry of Internal Affairs showed that more than half of repeat offenses are committed in the first six months after being brought to justice, up to 30% - within a year. The most prone to recidivism are: appearing in public places while intoxicated (about 30% of the total number of committed recidivistic offenses), driving a vehicle while intoxicated (16%), minor hooliganism (12%), beatings (7%), petty theft (5%).

It seems reasonable that the harm caused by illicit drug trafficking to the population of the country is also significant, and it is being countered at the state level in the form of the Strategy of the State Anti-Drug Policy of the Russian Federation for the Period up to 2030, approved by Decree of the President of the Russian Federation dated November 23, 2020 No. 733. In Russia, a multifactorial model is used to counter drug use, which is revealed in such areas as improving state control, prevention and early detection, developing rehabilitation centers, reducing offenses and crimes, and improving international cooperation in the field of drug trafficking. The most important aspect of this model is the implementation of anti-drug programs at various levels, including municipal ones, which also involve the provision of resources for anti-drug activities by these entities. In our opinion, it seems reasonable that the state should also be willing to develop anti-alcohol programs that pursue a number of goals.:

1) firstly, reducing the level of alcohol consumption in Russia (at the same time reducing the level of possible harm and actual negative consequences);

2) secondly, the tightening of criteria governing the turnover of alcoholic beverages (a special procedure for licensing activities, raising the age from which it is possible to purchase alcohol, as well as restrictions on the sale of alcoholic beverages, both by time factor and location). However, in addition to the implementation of these goals through various measures, public policy should be characterized by the availability of mechanisms for the implementation of functions for the social rehabilitation and re-socialization of citizens leading an antisocial lifestyle, as well as those suffering from diseases accompanying it.

Conclusion. Federal Law No. 182-FZ of 06/23/2016 "On the basics of crime prevention in the Russian Federation" is designed to comprehensively approach the prevention of offenses, including in the field of public order and public morality. This approach seems justified due to the well-known "genetic link between crimes and administrative offenses" ^[16].

Decree of the Government of the Russian Federation dated December 11, 2023 No. 3547-r "On approval of the Concept of Reducing Alcohol Consumption in the Russian Federation for the period up to 2020 and beyond" sets targets for reducing alcohol consumption. In our opinion, in order to implement this Concept, it is necessary to develop a program to combat both the facts of alcohol consumption and offenses, especially repeated and systematic ones committed by persons under the influence of alcohol against public order. We believe that this program should be implemented in a simultaneous counteraction to offenses in the field of morality and public health.

Modern authors emphasize the fact that the Russian legal policy on the protection and protection of traditional values is important for the preservation of historical and cultural heritage, the strengthening of civil society and the sustainable development of the state as a whole ^[18]. We agree with K.A.Ustylentsev and note that the normative and legislative component of this state policy plays an important role.

Thus, as a result of the conducted research, the following conclusions can be drawn::

1) A citizen's moral principles are determined by his inner (spiritual) life, and can only be partially influenced from the outside. And the arsenal of measures of influence of both internal affairs bodies and other authorities in the Russian Federation is represented to a greater extent by measures of external influence, which cannot be a means of influencing the morality of an individual. The personal area of public morality, even at the legislative level, does not allow the influence of state power on it. It should be noted that the moral state of society and the state as a whole and the attitude towards morality of individuals are interdependent and influence each other. This is most clearly shown by the example of the younger generation, who are zealously looking for their own guidelines and depend on the moral state of the society in which they find themselves. Therefore, we support the introduction of amendments to Article 6.21 of the Code of Administrative Offences of the Russian Federation, which contribute to the protection of traditional values of the state. According to these changes, administrative responsibility is now provided for the dissemination of information or the commission of public actions aimed at creating the attractiveness of non-procreation or a distorted view of the social equivalence of having children and non-procreation.

2) The content of Federal Law No. 182-FZ dated 06/23/2016 requires some clarifications. According to the fair opinion of some researchers, this law only declares reality and does not introduce anything new into law enforcement practice ^[19]. The law contains the prevention of offenses as a separate form of preventive action, but it does not disclose its content in detail. We propose the following definition of crime prevention as a set of social, legal, organizational, informational and other measures aimed at preventing the commission of offenses and antisocial behavior, as well as preventing the preparation and suppression of crimes and other offenses that have begun. According to our definition, it is the term prevention that includes the prevention of offenses, and not the other way around.

3) The existence of general norms that are not specified and do not define the algorithm of the implementation mechanism entails their different interpretation and, as a result, disparate law enforcement practices that do not correspond to the purpose of the law itself. For example, it is important to consolidate the following forms of prevention of offenses in the field of public morality and public order among young people:

- raising awareness of Internet users;

- development and application of new technologies: information resources for children's audiences and the use of playful forms of prevention;

- development of interaction between social movements and law enforcement agencies (Young traffic inspectors, the Movement of the first);

- placement of information materials in regional media;

- development of the "Safe City" system, etc.

4) It seems advisable to introduce in each municipality a program of measures "Prevention of offenses" that infringe primarily on public morality and public order, as the most common. The implementation of the program should involve the administration, education, health, employment, and internal affairs agencies in escorting persons who have committed repeated or systematic illegal acts on the territory of the municipality. The program should provide a wide range of legal, social, psychological, medical and labor services. To create such a program in each municipality, it is necessary to allocate funds from the federal budget to municipalities.

The above program should include:

- improving the socio-economic situation in the municipality, improving the standard of living (ensuring the availability of jobs, decent wages);

- activities aimed at eradicating drunkenness, alcoholism, drug addiction, parasitism and other vices of society (mass sports, cultural, educational);

- improvement of legislation on liability for administrative offenses that primarily infringe on public morality and public order;

- creation of an intersectoral body for collecting, processing and researching statistics on the most common administrative offenses, or assigning the function of collecting, summarizing and analyzing such information to one of the law enforcement agencies;

- strengthening the social control system (involving the public, labor collectives, and the media in the prevention of recidivism);

– legal education and information, raising the level of legal culture and developing the legal awareness of citizens, including in the media, and other measures.

– conducting individual preventive interviews to explain to offenders the negative consequences of their illegal acts and to convince them that they should not be committed.;

– implementation of preventive measures at the place of residence (study or work) offenders who systematically violate the law;

– encouraging participation in the prevention of offenses by local governments, public and religious organizations, parties, and individual citizens;

– control over the labor and household arrangements of individuals;

– assistance, assistance in employment, training and professional development, and a number of other measures.

Thus, in our opinion, the administrative and legal regulation of public morality and public order should be a comprehensive system of actions of all bodies at the general and individual levels.