Actual Problems of Distinguishing Petty Hooliganism Committed at the Facilities of the Moscow Metro with Related Offenses

Purpose of research. The problems of distinguishing petty hooliganism committed at the facilities of the Moscow Metro with related structures often cause difficulties for law enforcers in qualifying. In this work, the authors aim to fill the most pressing gaps in this area by highlighting the specific features of the respective compositions.

The methodological basis of the presented work is formed by the dialectical method of cognition. Also, the analysis method, logical-legal and comparative legal methods were used in the study. These scientific methods were involved in the meaningful consideration of the signs of specific elements of administrative offenses.

Results. The study of the problem stated in the title of the article suggests that the composition of petty hooliganism has specific features, which, however, are not always obvious to the law enforcer.

Differentiation of the compositions of petty hooliganism, administrative insult and destruction / damage to other people's property (Article 7.17 of the Code of Administrative Offenses of the Russian Federation) should be carried out not on the basis of purpose, but on the basis of guilt. More specifically, the direction of intent.

The fundamental difference between criminally punishable vandalism and petty hooliganism is that with the latter, the perpetrator can not only damage (spoil, destroy) someone else's property, but must do this in an effort to oppose himself to others, to demonstrate a dismissive attitude towards them, which is not required in vandalism.