The article is devoted to the problem of disobedience to the lawful order of the police officer, military serviceman or employee of a body or institution of the penal system or an employee of the National Guards of the Russian Federation. Based on an analysis of the administrative (Article 19.3 of the Code of Administrative Offenses of the Russian Federation) and criminal legislation (Articles 213 and 319 of the Criminal Code of the Russian Federation), the author comes to the conclusion that for disobeys the lawful order or demand of a law enforcement officer in connection with the fulfillment of his duties to protect public order and ensuring public safety, administrative liability must be established, and criminal liability is imposed on resistance to a representative of the government or to another person who is responsible for protecting public order or suppressing a violation of public order. The article examines the issues of distinguishing between the concepts of disobedience and resistance, the onset of liability (criminal or administrative) depending on the correct understanding of them, examines the powers of law enforcement officers in the performance of their official duties to protect public order and ensure public safety, analyzes the legitimate and illegal behavior of individuals, committed an offense, regulated by law and creating legal consequences.
Keywords: disobedience; legal order; police officer; administrative offense; administrative liability; administrative punishment; resistance; criminal liability
Deputy head of the Department of State Law Disciplines of the Samara Law Institute of the Federal Penal Service of Russia, Samara, Russian Federation, PhD. in Law.
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1. Dubrovin A. K. Problemy normativno-pravovogo regulirovaniya administrativnoj otvetstvennosti za nepovinovenie
zakonnomu trebovaniyu, rasporyazheniyu sotrudnika policii [Problems of legal regulation of administrative responsibility
for disobedience to a legal requirement, an order of a police officer]. Administrativnoe pravo i process – Administrative Law
and Process, 2019, no. 10, pp. 49–52. (In Russ.).
2. Senchilo D. M. Nepovinovenie zakonnomu rasporyazheniyu sotrudnika policii [Disobedience the lawful order of a
police officer]. Setevoj elektronnyj nauchnyj zhurnal «Meridian» – Network electronic scientific journal «Meridian», 2019,
no. 10 (28). Available at: http://meridian-journal.ru/site/article?id=1512 (accessed 23.05.2020). (In Russ.).
3. CHernyh I. A. Administrativnaya otvetstvennost’ za nepovinovenie zakonnomu rasporyazheniyu sotrudnika organov
vnutrennih del [Administrative responsibility for disobeying the lawful order of an employee of the internal affairs bodies].
Gosudarstvennaya sluzhba i kadry – Public Service and Personnel, 2018, no. 5, pp. 21–28. (In Russ.).