What obscene words should be punished by the media. In a foreign language. A long tradition of banning obscene language

Ten Alexander Leonidovich, Head of the Department of Constitutional and Administrative Law of the Altai Academy of Economics and Law, Candidate of Legal Sciences, Associate Professor.

At present, for those who like "sharp words" in the presence of the public, and in legal terminology - "obscene language in public places" of the Code of Administrative Offenses of the Russian Federation, administrative liability is provided.
The author asks the question, will it be petty hooliganism to use foul language in a public place, for example, on a bench near the road?

Key words: foul language, petty hooliganism, administrative fine, obscene words, disrespect.

Obscenity as an object of administrative-law regulation and legal conscience
A.L. Ten

At present the Code of Administrative-law violations of the RF provides for administrative responsibility for the fans of pronouncing squib in presence of public which is in juridical terminology means "obscenity in public places".
The author asks himself a question if obscenity in public place for instance on the bench near the road can be qualified as disorderly conduct.

Key words: obscenity, disorderly conduct, administrative fine, dirty words, disrespect.

According to Part 1 of Art. 20.1 of the Administrative Code of the Russian Federation petty hooliganism - violation public order expressing obvious disrespect for society, accompanied by obscene language in public places, insulting harassment of citizens, as well as the destruction or damage of other people's property, shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for up to fifteen days.
That there is obscene language is also not established in the legislation, and in the protocols, for ethical reasons, "obscene words" are not recorded. It follows from this that the definition of certain words as foul language is the authority of the police officers, who, by the way, cannot give a definition of obscene language and often themselves "sin" with such backbiting. From this we can conclude that a huge number of offenses follows from the "eloquence" characteristic of Russians. Also, the vagueness of the wording of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation gives unnecessarily great rights to the staff of the teaching staff, including to judge what is "abuse" and what is not.
IN high school In the town of Volkhov, an anonymous student has been identified who insulted the school teacher in writing. In February 2008, at a meeting of the commission on minors' affairs and protection of their rights, the administration of the Volkhov MO, administrative material was considered in relation to a 37-year-old resident of Volkhov, whose minor son, a student of school no. form, insulted the teacher with obscene language, writes "Konkretno.ru". The teacher turned to the police, a handwriting examination was carried out, and the author of the letter was unmistakably identified. After that, the boy confessed to what he had done, and his parents were brought to administrative responsibility for improper performance of the duties of raising their son, they were fined.
Sometimes there are incidents in the media. Thus, the viewers of the Kaliningrad TV company "Kaskad" on the evening of May 4, 2007, during the broadcast of the match of the Russian volleyball championship, unexpectedly witnessed an obscene expression from the lips of a sports commentator. As a REGNUM correspondent was told by several TV fans of the match Dynamo-Yantar (Kaliningrad) - Lokomotiv-Izumrud (Yekaterinburg), during the break between sets the microphone on Makarov was not turned off, the camera showed general plans, but the audience suddenly heard the phrase of the sports commentator : "Along the way, we miss the match today ... m." Then, as eyewitnesses assure, a few more words with profanity sounded from the screen. For an emotional breakdown, a sports commentator was reprimanded.
The attitude to the mat is highly dependent on the habitat. On this topic, the "Gaza Strip" group sang: "We were born with swearing, we live with swearing, we studied with swearing, with swearing we will die, we absorbed swearing with mother's milk, with swearing we were beaten by my father." There are places where swearing is the norm of life, you hear it from women and small children as something completely natural, as if this is the only way to speak. Moreover, among the servants of the law, obscene language is also a daily reality and does not use an unambiguous definition or condemnation.
So, on the legal portal http://zonazakona.ru/, where the servants of the law are mainly present, the following discussion took place (the names of the participants, as anonymous, were removed):
- Gentlemen! And how do you write the ugly word bl * d 'and other words in the protocols? How does the court react? We are now fighting for the purity of the Russian language, and in the end nothing is clear, especially in the "offensive" articles.
- We also write in the standard way: "Insulted with gross obscene language." Although a colleague has a different point of view, he writes in the minutes: "pid * as", "sent me to * uy". But it seems that this is not entirely correct, since the original meaning of the message is distorted into three letters, and some kind of encryption is obtained.
- In the reports of police officers you often meet: "However, he continued to insult, namely, he sent me to * -th" (of course, they write the first letter). Hiding reality, some write: "He called me a representative of sexual minorities in a rude, obscene manner" or: "He threatened me with sexual violence."
- And our practice is as follows: we cheerfully enter into the protocol all obscene curses without any hesitation, but in the formula, there is already: "I called him a coarse swearing", "A crime in insulting an employee, using words, including zoomorphic semantics" and so on. We even carried out examinations before.
- The question is what? If the objective side is an insult, then the insult itself must be written down. We do not write: "I struck a blow with something somewhere"! And there is a difference in the coarse obscene language for a teacher of literature, there is enough "fool" for the eyes, and for the teaching staff, who cannot be surprised with anything at all.
- We write the first letter, then krakozyabra, then the rest. It seems to pass. But the assistants squeak and complain, they say it is hard to announce it.
- Well, of course, what to hide. I somehow supported the accusation about the wear and tear of a 12-year-old girl. This girl is sitting, her mother, a social teacher, and I begin to announce the accusation ... The girl is already having a hard time, and here I also operate with common names of indecent actions and the structural features of the human body. I also later complained to the investigator. Let him go to court and announce it. With regard to inclusion obscene language in the protocols with their subsequent replacement in the indictment by "gross obscene language" - is also not very happy, since, presenting evidence, the prosecutor reads out the document to which he refers, and does not give its summary. And again he stumbles on obscene language.
- Have you completely forgotten about the formality and publicity of criminal procedural actions? Once we read it out in full, it means we also write in the protocol and in the verdict. As a result, we get full legalization of the mat with the subsequent development: Plenums of the RF Armed Forces, in which it is written in detail which combinations of letters and declensions-word combinations are offensive and which are not.
- I like the following more: "Publicly, in an indecent form, by applying in oral speech obscene expressions and obscene language addressed to Ivanov, insulted and humiliated the honor and dignity of the CID's operative. "
- It is illegal to write obscene words in "attracted" and "obebon". It is also illegal to write words that do not exist in Russian. - And I tell you that it is correct to write full-length obscenities in the interrogation protocols under Article 319 of the Criminal Code of the Russian Federation, because this is the proof!
- It is impossible to write "full-length" mats in documents, if only because with your proposed version there will be discrepancies in the text of the protocols. Well, plus it's ugly ...
- How many Art. 319 of the Criminal Code of the Russian Federation, all passed in court without a single swear word in the case materials.
- From the meaning of Art. 319 of the Criminal Code of the Russian Federation does not follow the conclusion that the insult must necessarily contain obscene language. There would be a representative of power and a sign of publicity, but we will always find a subject that reproduces words and expressions of offensive content.
The above dialogue clearly shows that the wording of the articles of laws providing for liability for foul language is not specific enough for effective application. Moreover, one can doubt the sincere desire of our law enforcement officers to apply punishment under these articles. All this speaks of the need for serious improvement of both the legislation and the practice of its application, the result of which should be the purification of speech from vulgarisms and disrespect for others.

We have a dubious reason for pride - Russian mat is one of the most developed sources of obscene vocabulary in the world. Obscene lexicon is a term derived from lat. obscenus - "obscene, dissolute, immoral", unprintable language, obscene language, profanity, foul language, shame. Mat includes about 12 thousand words (in total in Russian there are about 150 thousand words). It is especially interesting that all these thousands come from just seven original roots.
What is the legal liability for the uncontrolled use of obscene language?

Not to be avoided if ...

There is no legal definition of the concept of foul language in Russian legislation. Although the term is used in a number of legislative acts, such as the Law of the Russian Federation of December 27, 1991 N 2124-1 "On funds mass media", Federal Laws of December 29, 2010 N 436-FZ" On the Protection of Children from Information Harmful to Their Health and Development "and of July 27, 2006 N 149-FZ" On Information, Information Technologies and Information Protection ", etc.
In general, to qualify this or that concept as obscene, it is enough to apply the principle of well-known meaning and public censure for a public statement. And despite the fact that they do not teach this at school, and society as a whole condemns, the absolute majority of our citizens understand and know obscene language.
Legal liability for the use of obscene expressions arises in the event of their uncontrolled use in society, which is offensive against someone personally, or expressions of dissatisfaction in general. The legislation provides for both administrative and criminal liability. Administrative responsibility for the use of obscene language, depending on the circumstances of the case, arises under Art. 5.61 or 20.1 of the Administrative Code of the Russian Federation.
The law does not directly prohibit a person from using foul language on the street. However, there are a number of situations where this can be considered a violation. For example, as petty hooliganism.
Part 1 of Art. 20.1 of the Administrative Code of the Russian Federation defines petty hooliganism as a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, insulting harassment of citizens, as well as the destruction or damage of other people's property. If you, by swearing, violate public order and express clear disrespect for society, you can be fined up to 1,000 rubles. And if you do not obey, when the police officer asks you to stop, the amount will increase 2.5 times. It also provides for an administrative arrest of up to 15 days.
The key point in qualifying an offense as petty hooliganism is the presence of a citizen's intent to disrupt public order and express obvious disrespect for society.

For example, the Nizhny Novgorod Regional Court brought a citizen to administrative responsibility under Part 1 of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation and imposed an administrative penalty in the form of a fine for the fact that he, being in the cafe, hooligan, insulted the cafe employees with gross obscene language. He did not react to repeated demands to stop hooliganism and continued to disrupt public order (Resolution of the Nizhny Novgorod Regional Court dated 09.02.2015 N 7p-890/2014).

But quarrels and fights, accompanied by obscene language and damage to property, committed from personal hostile relationships in an apartment, other living quarters, in relation to relatives or friends, cannot qualify for this composition.
Drawing up in these cases protocols on administrative offenses under Part 1 of Art. 20.1 of the Administrative Code of the Russian Federation subsequently entails the termination of the administrative offense case by the court for lack of corpus delicti (Resolution of the Deputy Chairman of the Altai Regional Court in case No. Regional Court on May 16, 2012). Such actions can be qualified under the legislation of the constituent entities of the Russian Federation, for example, as a violation of the peace and quiet of citizens at night (see Art. 8 of the Law of St. Petersburg of 05/31/2010 N 273-70 "On Administrative Offenses in St. Petersburg").

In an indecent form

The use of foul language can be regarded as an insult to a person, i.e. humiliation of his honor and dignity, expressed in an indecent form, provided that there is no doubt that it is about him.
Insult is a type of mental violence, which is expressed in a negative assessment by the guilty person of the personality of a citizen, undermines the latter's reputation in the eyes of others and damages his self-respect. The insult can be expressed orally, for example, in the form of swearing, or in writing, in the form of notes or letters of indecent content addressed to a citizen. Also, the insult can be expressed in physical actions (for example, spitting, slapping).
Most importantly, remember that for qualifying your words as an insult, it does not matter whether a negative assessment of a citizen's personality corresponds to the true state of affairs. The facts on which the insult is based may actually take place (for example, an immoral lifestyle).
For these atrocities, Art. 5.61 of the Code of Administrative Offenses of the Russian Federation provides for a fine for citizens of up to 3 thousand rubles; for officials - up to 30 thousand rubles; for a firm - up to 100 thousand rubles, and for an insult contained in a public speech, publicly displayed work or mass media, the amount of the fine will almost double.
The evidence of an insult will be: testimony, video camera recordings, printouts of calls, SMS messages, notary-certified printouts of Internet pages containing offensive words and expressions.

Examples from judicial practice

Insult on social media. The court found an individual guilty of committing an administrative offense under Part 1 of Art. 5.61 of the Code of Administrative Offenses of the Russian Federation, and subjected to administrative punishment in the form of a fine in the amount of 1 thousand rubles.
The court found that the person involved in the evening, while in the apartment, placed in social network Internet obscene expressions in a demeaning and cynical form, degrading the honor and dignity of another person. The fact of correspondence with another person on a social network was not denied by the person involved himself when giving them explanations, in which he indicated that, while communicating with another person on a social network, he made harsh statements about him, which he did not consider an insult. Thus, the fact of committing an administrative offense under Part 1 of Art. 5.61 of the Code of Administrative Offenses of the Russian Federation, found its confirmation, since the statements were humiliating, contained a negative assessment of the personality of another person, humiliating honor and dignity (Resolution of the Samara Regional Court of 12.05.2015 in case No. 4a-394/2015).

Or a neighbor ... The court established that, being on the territory of his home ownership, an individual expressed gross obscene abuse towards a neighbor, and also shouted words such as "slut" and "prostitute", thereby committing an administrative offense under Part 1 Art. 5.61 of the Administrative Code of the Russian Federation. The objective side of the administrative offense under Part 1 of Art. 5.61 of the Code of Administrative Offenses of the Russian Federation, expressed in insult, i.e. humiliation of the honor and dignity of another person, expressed in an indecent form. An individual insulted another individual, humiliating the honor and dignity of the victim in an indecent form (Resolution of the Tambov Regional Court of March 24, 2015 in case No. 4-a-49).

Or colleagues ... T. expressed herself against her colleague in an indecent form with rude foul language, humiliating her honor and dignity, which is confirmed by the testimony of witnesses. Accordingly, T. was brought to administrative responsibility under Part 1 of Art. 5.61 of the Administrative Code of the Russian Federation (decision of the Oktyabrsky District Court of Izhevsk dated 11.07.2012 N 12-343 / 2012).

In general, the number of cases of bringing our citizens to administrative responsibility for the use of obscene language in a public place or for everyday life has increased dramatically. It seems that this reflects the work of the state in protecting our rights as citizens provided for by the Constitution of the Russian Federation, including the right to personal inviolability. The mentality of the Russian people is such that without such prohibitive mechanisms it is impossible to force some of our fellow citizens to refrain from insults and obscenities.

Criminal liability for obscene language

Another example of the presence of sanity is the fact that earlier the Criminal Code of the Russian Federation contained Art. 130 "Insult", which luckily was dropped in 2011. Instead, Art. 5.61. No matter how unpleasant the person who has been insulted, criminal punishment, taking into account the Russian "prison realities" and the ineffectiveness of the penitentiary (penal) system, which rather cripples people, and certainly does not correct them, is unacceptable.

Corpus delicti for insult in the Criminal Code of the Russian Federation

1. Public actions expressing clear disrespect for society and committed in order to offend the religious feelings of believers (part 1 of article 148 of the Criminal Code of the Russian Federation), the same actions committed in places specially designed for worship, other religious rites and ceremonies (part . 2 article 148 of the Criminal Code of the Russian Federation).
A striking example of recent years is the Pussy Riot "punk prayer" in the Cathedral of Christ the Savior, which ended for the members of this Russian punk-rock group with a sentence and conviction of them guilty of insulting the feelings of believers.
2. Disrespect for the court, expressed in insulting the participants in the trial (part 1 of Art. 297 of the Criminal Code of the Russian Federation), is punishable by a fine of up to 80 thousand rubles. or in the amount of the wages or other income of the convicted person for a period of up to six months, or compulsory labor for up to 480 hours, or arrest for up to four months.
The same act, expressed in insulting a judge, juror or other person participating in the administration of justice (part 2 of article 297 of the Criminal Code of the Russian Federation), is punishable by a fine of up to 200 thousand rubles. or in the amount of the convicted person's wages or other income for a period of up to 18 months, or compulsory labor for up to 480 hours, or correctional labor for up to two years, or arrest for up to six months.
There is nothing to add here: respect for the court - required attribute any legal state.
3. Public insult to a representative of the authorities in the execution of his own job responsibilities or in connection with their execution (Art. 319 of the Criminal Code of the Russian Federation) is punished with a fine of up to 40 thousand rubles. or in the amount of the wages or other income of the convicted person for a period of up to three months, or compulsory labor for a period of up to 360 hours, or correctional labor for a period of up to one year.
4. Insult by one serviceman of another during the performance or in connection with the performance of military service duties (part 1 of article 336 of the Criminal Code of the Russian Federation) is punishable by restriction on military service for a period of up to six months or by keeping in a disciplinary military unit for the same period.
And insult to a subordinate of a superior, as well as a superior of a subordinate during the performance or in connection with the performance of military service duties (part 2 of Art.336 of the Criminal Code of the Russian Federation) is punishable by restriction in military service for a period of up to one year or by keeping in a disciplinary military unit for the same period ...
This article of the Criminal Code of the Russian Federation is special in relation to Art. 5.61 of the Administrative Code of the Russian Federation, which provides for liability for insult.
The main object of the crime is the established order of military charter relations. An additional object is the honor and dignity of a serviceman.
In other words, the motivation for the behavior (insult) should be related to the fact that the victim is performing the duties of military service.
The place where the crime was committed (for example, on the territory of a military unit or outside it) does not affect the qualification of the act. It does not matter for the corpus delicti and the presence or absence of third parties at the time of the insult. In addition, an insult can be committed both in the presence of the victim and in his absence.
The time of fulfillment of military service duties is determined on the basis of the fact that the injured serviceman fulfilled his duties at the time of the crime. This can be the fulfillment of official duties, the fulfillment of the order of the chief, the fulfillment of the duties of a duty officer, day attendant, etc.
Judicial practice is practically uniform - basically, when detecting cases of insulting servicemen, the court recognizes the guilt of the offenders and assigns a punishment.

Most recently, in September 2015, the Volgograd Garrison Court sentenced a soldier in connection with the insult of a colleague by the latter. It follows from the circumstances of the case that even if the offended serviceman himself violates the charter, does not fulfill the task entrusted to him, and even is drunk, this does not give his colleague the right to speak obscenely towards him.
Circumstances of the case: serviceman S., exercising control over his service on the territory of the military unit's fleet, saw F., who was asleep while performing the duties of a patrol officer, while there were empty bottles of alcoholic beverages nearby F. Being the chief in military position and rank for F., in violation of the requirements of Art. 19, 67, 78 of the Charter of the internal service and art. 3, 7 of the Disciplinary Regulations of the Armed Forces of the Russian Federation, S., expressing dissatisfaction with the violation of the duties of a patrol officer by his subordinates, in order to offend F., began to speak obscenely against the latter in an indecent form, after which, when F. woke up, S. struck him one blow with his right hand hands on the face, from which the victim hit his head against the wall of the vault. As a result of these actions, F. suffered bodily injuries that do not have qualifying signs of harm to health.
S. was found guilty of insulting a subordinate by his supervisor during the performance of his military service duties, i.e. in a crime under Part 2 of Art. 336 of the Criminal Code of the Russian Federation, and he was sentenced to a restriction on military service for a period of three months with deduction from his monetary allowance 10% to the state revenue.

A paradox from a human point of view. However, the law puts above all other priorities the established order of military charter relations, as well as the honor and dignity of a serviceman.

Let us be more restrained and tolerant, especially since we will have to answer for our intemperance before the law.

Obscene language or obscene vocabulary- a part of the vocabulary of the Russian language containing obscene, rude, vulgar expressions. This part of the vocabulary is widely used in the speech of representatives of the so-called social bottom - people prone to antisocial behavior.

For a normal person, the use of foul language is most often a spontaneous verbal response to a stressful situation.

One of the varieties of obscene language in Russia is Russian mat. These are expressions condemned by the public, which mainly offend the interlocutor, belittle his dignity.

• words for genitals or sexual intercourse;
• the same words changed and addressed to a person;
• words from ordinary speech, roughened in a special way.

Can you use foul language in public?

The answer to this question is obvious - of course not!

First, from the point of view of morality, the use of foul language in speech is unlikely to characterize an individual from a positive side.

Secondly, for this act there is responsibility.

The Code of Administrative Offenses classifies obscene language (mat) as petty hooliganism.

Article 20.1. Administrative Code of the Russian Federation provides for a fine for obscene language in a public place, and in some cases even arrest.

Article 20.1. Administrative Code of the Russian Federation. Petty hooliganism

1. Petty hooliganism, that is, a violation of public order expressing obvious disrespect for society, accompanied by obscene language in public places, insulting harassment of citizens, as well as the destruction or damage of someone else's property, -
   shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or an administrative arrest for a term of up to fifteen days.
2. The same actions, coupled with disobedience to the lawful demand of a representative of the authorities or another person performing the duties of protecting public order or suppressing a violation of public order, -
   shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred rubles or an administrative arrest for up to fifteen days.

What is the punishment and responsibility?

The use of abusive language in public places is punishable by a fine, community service and even, in some cases, imprisonment.

Fine

1. As a punishment for a mate in a public place, the violator of the order will be fined from 500 to 1000 rubles or arrest up to 15 days.
2. If these actions are exacerbated by disrespect for the police or other authorities, the fine increases to values from 1000 to 2500 rubles.
3. If obscene language (mat) is addressed to a specific person, it is already classified as an insult.

   There is a fine for this act up to 40 thousand rubles, correctional labor or arrest up to a year.

4. For insulting the dignity of a person, uttered in a public speech, the violator faces a fine up to 80 thousand rubles, correctional labor or restriction of freedom for up to two years.

This information is useful for everyone to know. And for those who like to pronounce a strong word and for those who suffer from it. The former may think about responsibility for their words, the latter will know how to bring violators to justice.

Useful video

For administrative responsibility for obscene language in the media, see the video below.

• 1.as a means of expressing the profane beginning, opposed to the sacred beginning,
• 2.cathartic,
• 3.means of lowering the social status of the addressee,
• 4.means of establishing contact between equal people,
• 5.a means of friendly teasing or cheering,
• 6. "dueling" means,
• 7. expresses the attitude of two to the third as a "scapegoat",
• 8.cryptolalic function (like password),
• 9.for self-encouragement,
• 10.for self-deprecation,
• 11. introduce yourself as a "person without prejudice",
• 12. realization of the “elitism of the cultural position through its denial”,
• 13.symbol of sympathy for the oppressed classes,
• 14.narrative group - attracting attention,
• 15. apotropic function - "confuse",
• 16.the transfer of the opponent to the power of evil forces,
• 17.magic function,
• 18. a sense of power over the "demon of sexuality",
• 19. demonstration of the gender of the speaker,
• 20.eschrological function (ritual invectivization of speech),
• 21. used in psychoanalysis to treat nervous disorders,
• 22.pathological foul language,
• 23. invective as art,
• 24. invective as a riot,
• 25.as a means of verbal aggression,
• 26. division into allowed and unauthorized groups,
• 27. as an interjection.

Profanity in Russian

A variety of obscene vocabulary that has become widespread in the Russian language is Russian mat, numbering 6-7 word bases. In the Russian language, there are also several dozen other obscene words that are not obscene and much less taboo, but are also considered "indecent".

Profanity and society

Soviet propaganda poster "Our condition - down with foul language!", Author - Konstantin Ivanov, 1981

A strict ban on the public use of obscene vocabulary and phraseology, ideographically and semantically related to the forbidden topic of sex and the sexual sphere, developed among the Eastern Slavs - the ancestors of Russians, Ukrainians, Belarusians - back in the pagan era as a strong tradition of folk culture, and was strictly supported by the Orthodox Church ... Therefore, this taboo has acquired an old tradition for the Russian people, consecrated by more than one millennium.

In this regard, the data of a sociological survey published by the Interfax news agency on the attitude of Russians to the use of profanity in public speeches of show business stars, conducted in July 2004 by the All-Russian Center for the Study of Public Opinion, are characteristic. The overwhelming majority of Russians (80%) have a negative attitude to the use of profanity in public speeches of show business stars, in programs and materials designed for a mass audience, considering the use of swear words an unacceptable manifestation of promiscuity.

13% of the respondents admit the use of the mat in those cases when it is used as a necessary artistic means. And only 3% believe that if swearing is often used in communication between people, then attempts to prohibit it on stage, in cinema, on television is just hypocrisy.

Despite the prevalence of obscene expressions in all strata of Russian society at all stages of its history, in Russia there was traditionally a taboo on the use of obscene vocabulary in printed form (hence, obviously, the name “obscene language” comes from). This taboo has somewhat weakened recently in connection with the democratization of society and the weakening of state control over the printing sphere (the first in the history of Russia to abolish censorship for a long time), changes in public morality after the collapse of the USSR, mass publication literary works and the correspondence of recognized Russian classics, dissident writers and current postmodernists. The lifting of the ban on the coverage of certain topics and social groups led to an expansion of the scope of acceptable vocabulary in written speech... Swearing and jargon became fashionable, becoming one of the means of public relations.

Among children and adolescents, the ability to swear was subconsciously considered and is considered one of the signs of adulthood. And of course, as soon as the younger generation mastered the basics of this knowledge, it felt an urgent need to demonstrate what had been achieved - hence the inscriptions on fences, walls of public toilets, school desks - and now on the Internet.

It should be noted that, contrary to popular belief, profanity is relatively little used in places of deprivation of liberty. This is due to the harsh criminal "concepts" according to which every prisoner should be held accountable for everything he said ("responsible for the bazaar"), and many persistent obscene expressions are taken literally. For example, sending someone to “three letters” is seen as an indication to this person that his place is right there, that is, as a statement of his belonging to the caste of “roosters”. Failure to prove such a claim can lead to dire consequences for the “sender”.

Returning to the topic “profanity and society”, it should be emphasized that the current freedom of expression does not negate the responsibility of the speaker and the writer (see, for example, Article 20.1 of the Administrative Code of the Russian Federation). Of course, it is hardly possible to prohibit a person from swearing if this is the only means of self-expression that is available to him (taking into account the restrictions imposed by upbringing or the conditions of existence - "to live with wolves - howl like a wolf"). Of course, the books of fashionable writers should not be burned (or otherwise destroyed). However, public abuse in a normal environment inevitably violates the rights and humiliates the dignity of those people for whom the taboo remains valid (for moral, religious and other reasons).

Precedent "Aroyan vs. Kirkorov"

Use of profanity in art and media

The tabooing of obscene vocabulary is a relatively late phenomenon: even in documents and correspondence of Peter's time, it is found relatively freely. However, by the second half of the 18th century, its use in print media ceased to be possible, and the poems of Ivan Barkov, widely using obscene vocabulary, were distributed exclusively in lists. Throughout the 19th century, obscene vocabulary also remained the lot of the "unofficial" part of the creative heritage of poets and writers: obscene epigrams and satirical poems by Pushkin, Lermontov and other authors were not published by them and in general were not subject to publication in Russia (political emigrants from Russia began to publish them in Europe only in the second half of the 19th century).

The first attempts to remove taboos from obscene vocabulary were made in the 1920s. and were not of a mass character; interest in swear words among most authors was not self-sufficient at that time and was linked mainly with the desire to speak freely about the sexual sphere.

IN soviet period the public ban on obscene vocabulary acted very consistently, which did not prevent (and still does not prevent) the overwhelming majority of the population willingly using this vocabulary in private life. The tasks of the artistic development of obscene vocabulary were set by the writers of Russian samizdat, starting with Yuz Aleshkovsky.

“The main“ three whales ”of the Russian mat ... etymologically deciphered quite decently: the Proto-Slavic * jebti originally meant“ to beat, to strike ”, * huj ( cognate needles) - "a needle of a coniferous tree, something prickly", * pisьda - "urinary organ" ".

The same original forms (albeit with some doubt about * huj) are given in.

It is interesting to note that the semantic changes of the modern euphemism "fuck" practically repeat the history of the word * jebti.

Categorization of Russian abusive vocabulary

A. V. Chernyshev distributes key terms of the obscene lexicon"Into three groups:

• denoting male and female genital organs and denoting sexual intercourse;
• transferring the meaning of the genitals and sexual intercourse to a person as an object of naming;
• in a deliberately coarse form of borrowing from "cultural speech" (kondom, homosexual).

V. M. Mokienko considers this classification too generalized and offers his own, more detailed, classification of Russian abusive vocabulary and phraseology... Moreover, the terms “ swear words" and " obscene vocabulary"Are understood to be mutually intersecting, although not completely identical. Swearing are offensive, abusive words, while obscene vocabulary- these are the most rude vulgar expressions, taboo words. The main feature that inextricably connects these two lexical groups, - an emotionally expressive reaction to unexpected and unpleasant events, words, actions, etc.

The researcher classifies Russian abusive vocabulary according to the functional and thematic principle, highlighting the following main groups:

• Names of persons with emphatically negative characteristics of the type:
  • stupid, incomprehensible person;
  • vile, low man;
  • insignificant person, insignificance;
  • a prostitute, a corrupt woman.
• The names of "indecent", socially taboo parts of the body are "shameful words."
• Names of the process of having intercourse.
• The names of physiological functions (items).
• Names of "results" of physiological functions.

VM Mokienko points out that these groups of abusive and obscene vocabulary are generally represented in almost all languages. As for the national characteristics of abusive vocabulary, then, in his opinion, they are associated with combinatorics and the frequency of lexemes of a certain type in each specific language.

• "Anal-excrement" type (Scheiss culture);
• "Sexual" type (Sex-culture).

However, the adopted version of the aforementioned law (Federal Law of 01.06.2005 N 53-FZ "On the State Language of the Russian Federation") does not say anything like that.

see also

Notes (edit)

Links

• V. M. Mokienko "Russian abusive vocabulary: censorship and obscene" (Rusistika. - Berlin, 1994, No. 1/2)
• S. Curiy "On the battlefield (the origin of swearing)", magazine "Time Z", № 1/2007.

List of scientific works and dictionaries of the second half of the XX century

The list is mainly taken from an article by V.M. Mokienko

• 27 dictionaries published in Russia and the USSR from 1859 to 2005. - CD "COLLECTION OF INTERPRETATION DICTIONARIES OF PRISON AND BLATNY ZHARGON", M .: 2005, ETS Dictionary Publishing House (Electronic and Traditional Dictionaries), ISBN 5864601187
• Baldaev V.K., Isupov I.M. M., "The Edge of Moscow", 1992, 526 pages.
• Bykov V. Russian Fenya. Dictionary of the modern interjargon of asocial elements. Munchen, 1992, 173 pp.
• Zhelvis V.I. Profanity as a social problem. M .: Ladomir, 2001, 350 p.
• Ilyasov F.N. 1990, No. 3, 198-204.
• Kozlovsky V. Collection of Russian thieves' dictionaries in four volumes. TT. 1-4. New York, 1983.
• Kozlovsky V. Argo of the Russian homosexual subculture. Materials for study. New York, 1986, 228 pp.
• Kostsinsky K. Profanities and dictionaries // Russian Linguistics, 1980, no. 4, 363-396.
• Levin Yu. I. On obscene expressions of the Russian language // Russian Linguistics, 1986, no. 10, 61-72.
• Mokienko V.M. Images of Russian speech. M., 1986, 278 pages.
• International Dictionary of Obscenity. A guide to dirty words and obscene expressions in Russian, Italian, French, German, Spanish, English... Ed. A. N. Kokhteva. M., 1992, 90 pages.
• Pluzer-Sarno, A. Big dictionary mata / Enter. Art. D. philol. D., prof. A. D. Dulichenko and D. Philol. n. V.P. Rudnev. Vol. 1: Experience in building a reference and bibliographic database of lexical and phraseological meanings of the word "huy". SPb .: Limbus Press, 2001. ISBN 5-8370-0161-1
• Rossi Jacques. Guide to the Gulag. Historical Dictionary penal institutions and terms related to forced labor. Foreword by Alain Besançon. London, 1987, 546 pp. Ed. 2nd (in two parts), enlarged. Text checked by N. Gorbanevskaya. M., 1991.
• Russian obscenities. Dictionary CD, ETS Dictionary Publishing House (Electronic and Traditional Dictionaries)
• Dictionary of the thieves' language. Words, expressions, gestures, tattoos. Tyumen, NILPO, 1991, 170 pp.
• Three centuries of Russian Eros poetry. Publications and Research. Moscow, Publishing Center of the Theater "Five Evenings", 1992, 160 pp.
• Uspensky B.A.Mythological aspect of Russian expressive phraseology (article one) // Studia Slavica Hungarica. XXIX, Budapest, 1983, 33-69.
• Uspensky B.A.Mythological aspect of Russian expressive phraseology (article two) // Studia Slavica Hungarica. XXXIII / 1-4, Budapest, 1987, 37-76.
• Uspensky B.A.Religious and mythological aspect of Russian expressive phraseology // Semiotics and the History of Culture. Ohio, 1988, 197-302.
• Fine A., Lurie V. Everything is high. SPb., 1991, 196 pages.
• Fasmer M. Etymological dictionary of the Russian language. Ed. B. A. Larina. Translation from it. and a foreword by O. N. Trubachev. TT. 1-4. M., 1964-1973; 2nd ed. 1986-1987.
• Chernyshev A.V. Modern Soviet mythology. Tver, 1992, 80 pages.
• Erotica 1992 - Erotica in Russian literature: from Barkov to the present day. Texts and comments (Literary review. Special issue). M., 1992, 112 pages.
• Brodsky Hannah. Modern Trends in English Borrowings into Russian // Australian Slavonic and East European Studies. 1992, no. 2, 71-84.
• Prof. Devkin V. Russische obszöne Lexika (Langenscheidt Verlag, Germany)
• Drummond D.A., Perkins G. Dictionary of Russian Obscenities. 3-d, revised edition. Oakland, 1987, 94 pp.
• Elyanov D. The Learner's Russian-English Dictionary of Indecent Words and Expressions. 2-d revised edition. Pacific Grove, 1987, 128 pp.
• Ermen I. Der obszöne Wortschatz im Russischen. Etymologie, Wortbildung, Semantik, Funktion. Magisterarbeit. Berlin, 1991, 105 pp.
• Galler Meyer, Marquess Harlan E. Soviet Prison Camp Speach. A Survivor's Glossary. Supplement by Terms from the Works of A.I. Solzenicyn. Madison, 1972, 216 pp.
• Galler Meyer. Soviet Prison Camp Speach. A Survivor's Glossary. Supplement. Hayward, California, 1977, 102 pp.
• Geiges A., Suworowa T. Liebe steht nicht auf dem Plan. Frankfurt, 1989.
• Glasnost M. 100 schmutzige engische Woörter. Deutsch-kyrillische Lautschrift. Herausgegeben von M. Glastnost und illustriert von G. Bauer. Frankfurt / Main, 1988, 69 pp.
• Haudressy Dola. Les mutations de la langue russe. Ces mots qui disent l'actualité. Paris, 1992, 269 pp.
• Kaufmann Ch.A. A Survey of Russian Obscenities and Invective Usage // Maledicta IV, 2, 1981, 261-282.
• Patton F.R. Expressive means in Russian youth slang // Slavic and East European Journal, 1980, no. 24, 270-282.
• Plahn J. Huynya Mui Ne and the like // Russian Linguistics, vol. 11, 1987, 37-41.
• Raskin V. On Some Peculiarities of Russian Lexikon // Papers from the Parasession on the Lexicon. Chicago, Chicago Linguistic Society. 1978, 312-325.
• Razvratnikov Boris Sukich. Elementary Russian Obscenity // Maledicta III, 197-204.
• Timroth W. von: Russische und sowjetische Soziolinguistik und tabuisierte Varietäten des Russischen (Argot, Jargons, Slang und Mat) // Slawistische Beiträge. Bd. 164. München 1983, 7-73.
• Timroth W. von: Russian and Soviet Sociolinguistics and Taboo Varieties of the Russian Language (Slawistische Beiträge, Bd. 205). München, 1986.

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• Dictionary of synonyms Comprehensive legal dictionary More More eBook

Obscene language or in other words, obscene language is a segment of the generally known abusive language in different languages and includes the most vulgar, rude and obscene expressions. Insult by swearing under Article 20.1 does not have too serious consequences, but with repeated violations, it can lead to real imprisonment! Social obscene language, which often expresses an ordinary spontaneous verbal emotional reaction to an unexpected and usually very unpleasant situation, also falls under its action, and which fall under. You need to know that the article for petty hooliganism differs from the motives of the document, which describes the consequences of hooliganism in the group!

Obscene language in a public place fully falls under the concept of a classic criminal act, this kind of words have several negative consequences:

• insult a specific person for his personal and religious reasons;
• show an example of socially condemned behavior for minors;
• demonstrate disregard for the norms of law and morality adopted in the state

Important!

An article for swearing in a public place according to the Criminal Code of the Russian Federation is subdivided into by means of a fine or real arrest, but for minors, the consequences for using swear words in front of witnesses will have slightly different consequences due to their age, and an article for swearing may well cool the most zealous offenders.

Public mate punishment

Legal and criminal liability for the repeated use of typical obscene expressions is laid down in Article 2.3 of the Administrative Code and will occur in the event of their uncontrolled implementation in society and of an offensive nature specifically against someone personally, or after expressing their dissatisfaction in general. Public utterance of any obscene language will be equated to petty hooliganism, the implementation of responsibility for which is stipulated by Article 20.1 of the Code on Administrative Offenses by Citizens of the Russian Federation.

The sign of the implementation of publicity means in this article the implementation of the uttering of obscene language in the direct presence of people, in any public place, for example on the street, therefore it is in such an environment that an ordinary violator will to a much greater extent demonstrate his obvious disrespect for public order. The main point in the implementation of the qualification of an offense as petty hooliganism will be the presence of intent by this citizen to violate public order and express obvious disrespect for public order. Part 1 of Art. 20.1 of the Administrative Code of the Russian Federation will give us the following definition of petty hooliganism:

• the implementation of a violation of public order, expressing a clear disrespect for society, which is accompanied by obscene language in public places;
• insulting verbal harassment of citizens or destruction, as well as damage to someone else's property, and will entail the imposition of a monetary fine in the amount of 500 to 1,000 rubles or the imposition of administrative arrest for up to 15 days;
• the implementation of actions associated with active disobedience to the lawful demand of a law enforcement officer or another person who performs the duties of protecting public order or suppressing violation of public order will result in a fine of 1,000 to a maximum of 2,500 rubles or administrative arrest for up to 15 days
• the use of obscene language is regarded as an insult to a person and humiliation, which is expressed in an indecent form, if there is no doubt about who it was intended for.

Important!

Obscene language under the Code of Administrative Offenses is not only generally recognized obscene words and expressions, but also their modified forms, or their other analogs with the same meaning. If the use of this kind of words is carried out in a drunken state, then the consequences for the use of such a vocabulary only intensify! Obscene language in a public place is interpreted by another article for minors, and the object of its action will be citizens aged 14 to 16 years.

A comment

Actions to commit petty hooliganism are not exhausted by the wording of the disposition - the use of obscene language and insulting harassment of citizens.

Petty hooliganism is committed in any area of ​​our social life: at home or at work; in any public place where other people are - in an apartment or on the street, in government agency, in an industrial enterprise or in any form of transport.

Petty hooliganism occurs when a person made obscene or obscene inscriptions in the absence of citizens and demonstratively violate the night peace of citizens at night by their illegal actions. The subject of petty hooliganism is a person who, at the time of the offense, reached the age of sixteen and was aware of the consequences of illegal actions.

Petty hooliganism is often characterized by direct intent. The offender is aware of the wrongfulness of the actions, clearly foresees the result of his commission, and wants the same. It happens that the offender does not want such an outcome, but consciously admits it. Here there is petty hooliganism committed with indirect intent. In public places, or surrounded by strangers, the offender will be able to perceive their behavior as an important reason for committing offenses or provoke them.

Lawyers note the disproportionality of such a reason to the actions performed by a citizen. The motive is the complete satisfaction of the individual need for the implementation of self-affirmation by diminishing and ignoring the honor of other people. The theory of administrative law says that a sign of social danger belongs to the mandatory signs that clearly characterize an offense. The presence of such a sign can mean that a wrongful act will cause or create a prerequisite for the future harm to social relations.

Petty hooliganism is distinguished by hooliganism punishable under Part 1 of Article 213 of the Criminal Code, which fully states that the crime is mainly formed due to a gross violation of public order, which expresses a clear disrespect for society, which is accompanied by violence against citizens or the threat of its use, or destruction and serious damage to other people's property.

Measures of influence for obscene vocabulary

Punishment is provided for adolescents who used obscene language in a public place. The article for profanity provides that if a citizen is between 14 and 16 years old, then guardians or parents will bear responsibility for him. Upon reaching the age of 16, you will have to be responsible for what you have done yourself! As a punishment, a fine or a warning of up to 5,000 rubles is imposed.

If the violation involves the use of weapons, then the liability is tougher and falls under criminal liability! Such a decision can only be made by a special administrative commission. She also has the right to impose a fine in the event of a relapse, or to oblige to perform socially significant work to restore the damage done. Therefore, if a teenager is interested in whether there is an article for obscene language, then we can say that before the law you will have to answer for it!