| Summary: | Minimum rates of applying article 149 of the RF Criminal Code, caused by crime categorization errors and technical and legal defects of article’s structure are stated. The elements of crime under this article include violating the constitutional right to freedom of meetings as a result of preventing mass actions. The commission of unlawful act by an official should be categorized as a crime according to article 149 when using prevention means stipulated in objective side of this act. Improper use of official position for illegal prevention and use of violence to people form a cumulative crime (articles 149 and 286 of the RF Criminal Code). Signs of violence and threats to use violence, specified by corpus delicti, draw a question on the amount of damage to health which does not demand additional categorization. Damage limits implies beating and slight damage to health. More serious damage forms a cumulative crime. Any threats to use violence are included in the elements of crime under study. Thus, illegal prevention of conducting public mass action can be categorized as a cumulative crime. Gross violation of public order which expresses contempt against public (committed by using means, specified in Art. 213 of the FR Criminal Code) and simultaneously prevents conducting a rally, meeting, demonstration, march, picketing or participating in them (ideal cumulative crime) complicates the categorization. If such prevention is accompanied with gross violation of public order, the act should be categorized as a cumulative crime according to articles 149 and 213.
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