Hooliganism in Ukraine: what it is, what liability the law provides and what to do if you are prosecuted

Breaches of public order can take many forms – from swearing in a public place to aggressive behaviour involving violence or weapons. Yet not every conflict or fight automatically counts as hooliganism in the eyes of the law. Correct legal classification determines whether a person faces administrative or criminal liability.

Let us look at what hooliganism is, what its elements are, what punishment Ukrainian law provides for and when it is worth turning to a lawyer for help.

What hooliganism is

Under Article 296 of the Criminal Code of Ukraine, hooliganism is a gross breach of public order committed out of blatant disrespect for society and accompanied by exceptional insolence or extreme cynicism.

In other words, this is not merely a conflict between people, but conduct that demonstrates contempt for commonly accepted rules of coexistence, creates danger or discomfort for those around and grossly disturbs public order.

It is important to understand that criminal hooliganism does not necessarily have to be committed on a city’s central square or in a crowded place. It may occur even in a flat, a private house or a deserted area, if the nature of the person’s actions matches the elements of this criminal offence.

The main elements of hooliganism

For conduct to be classified specifically as hooliganism, law enforcement bodies and the court assess the totality of the circumstances.

The main elements include:

• a gross breach of public order;
• blatant disrespect for society;
• exceptional insolence or extreme cynicism;
• the intentional nature of the conduct.

The motive of blatant disrespect for society is one of the key elements of this offence. The person effectively demonstrates disregard for the rules of behaviour, seeks self-assertion by humiliating others or deliberately sets themselves against society.

What exceptional insolence and extreme cynicism mean

Case law has developed criteria that help to distinguish criminal hooliganism from an administrative offence.

Exceptional insolence may be evidenced by:

• inflicting bodily injuries on the victim;
• beating or abusing a person;
• prolonged aggressive disturbance of public order;
• disrupting concerts, ceremonies, meetings or other mass events;
• damage to property;
• halting the normal operation of enterprises, institutions or public transport.

Extreme cynicism manifests itself in a demonstrative disregard for moral standards. For example:

• indecent exposure in public;
• indecent behaviour;
• abuse of elderly people, the sick or persons in a helpless state.

These are precisely the elements that make it possible to distinguish criminal hooliganism from less serious offences.

How criminal hooliganism differs from minor hooliganism

Not every breach of public order is a crime.

Minor hooliganism, covered by Article 173 of the Code of Ukraine on Administrative Offences, includes:

• swearing in public places;
• offensive pestering of members of the public;
• other acts that disturb public order and the peace of citizens but do not amount to a criminal offence.

Criminal hooliganism, by contrast, is marked by significantly greater public danger, particular aggressiveness of conduct and blatant, demonstrative disrespect for society.

That is why situations that look outwardly similar may receive a completely different legal classification.

Liability for hooliganism under Article 296 of the Criminal Code of Ukraine

Part one

A gross breach of public order out of blatant disrespect for society, accompanied by exceptional insolence or extreme cynicism, is punishable by:

• a fine of 500 to 1,000 tax-free minimum incomes of citizens;
• or detention for up to six months;
• or restriction of liberty for a term of up to five years.

Part two

If hooliganism is committed by a group of persons, liability becomes stricter.

The punishment is:

• restriction of liberty for up to five years;
• or imprisonment for up to four years.

Part three

Increased liability applies where:

• the person has a previous conviction for hooliganism;
• during the offence, resistance was offered to a police officer, a representative of the authorities, a public order formation or citizens who tried to stop the offence.

In such a case the punishment is imprisonment for a term of two to five years.

Part four

The strictest liability is established for hooliganism involving the use of:

• firearms;
• bladed weapons;
• other objects specially adapted or prepared in advance for inflicting bodily injuries.

Such acts are punishable by imprisonment for a term of three to seven years.

The age at which criminal liability begins

Criminal liability for hooliganism begins as early as 14 years of age. This is one of the few offences for which the legislator has set a reduced age of criminal liability.

How the court distinguishes hooliganism from other offences

Not every fight or quarrel is hooliganism.

If a conflict arose out of personal hostility, family relations, jealousy, property disputes or other personal reasons, such acts are usually classified as criminal offences against life, health or property rather than as hooliganism.

For correct classification, the court takes into account:

• the motive behind the conduct;
• the cause of the conflict;
• the manner in which the acts were committed;
• the direction of intent;
• the consequences of the offence;
• the person’s behaviour before, during and after the event.

That is why situations that appear similar at first glance may be assessed in entirely different ways in law.

What to do if you are suspected of hooliganism

If criminal proceedings have been opened against you, or you are summoned by law enforcement bodies in connection with possible hooliganism, you should not try to prove your case on your own or give explanations without first consulting a lawyer.

Professional legal assistance is no less important for victims, since correct classification of the event, the gathering of evidence and the protection of one’s rights directly affect the outcome of the criminal proceedings.

Hooliganism is one of the most common offences against public order. The law provides for different types of liability depending on the nature of the acts, the number of participants, resistance to law enforcement officers, the use of weapons and other circumstances.

Correct legal classification is decisive, as it determines whether a person will face administrative or criminal liability, and what punishment may be imposed.

If you have become party to a conflict, are suspected of hooliganism or, conversely, have become the injured party, do not put off seeking legal assistance.

The specialists of the Strategic Advocacy Law Firm will analyse the circumstances of your case, provide professional legal advice, help you to assess the legal risks correctly and ensure effective protection of your rights and lawful interests at every stage of the criminal proceedings.