What is administrative detention and on what grounds is it carried out?

Administrative detention is a legal restriction of constitutional human rights: the right to personal liberty and freedom of movement. The legal nature of such a restriction is generally identical to the detention of a person suspected of committing a crime. Thus, in the Law “On Police” the rules of detention apply to both administrative and criminal cases. At the same time, an administrative coercive measure certainly entails less significant negative consequences than the same measure in criminal law. At the same time, in administrative legislation, the law provides for officials with no less stringent requirements than in the Code of Criminal Procedure of the Russian Federation for compliance with the procedure, the violation of which directly entails the recognition of the actions of police officers and other persons as illegal.

Administrative coercion

Administrative detention is included in the list of measures to ensure proceedings in cases of administrative offenses (in other words, in the list of possible coercive measures). This list is exhaustive:

• delivery;
• detention;
• search of personal and (or) personal belongings;
• suspension from driving;
• examination, including medical examination, to determine the state of intoxication;
• prohibition of activities;
• detention of a vehicle;
• drive unit;
• expulsion from the Russian Federation (applied to foreign citizens and stateless persons when they commit offenses).

In this article we will talk about the features of administrative detention of a citizen.

Restriction of freedom in accordance with the Code of Administrative Offenses of the Russian Federation

So, detention within the framework of administrative proceedings is regulated by Articles 27.3-27.6 of the Code of Administrative Offenses of the Russian Federation. This is an exceptional measure, the need for which is dictated by special reasons:

legal and timely consideration of the case

This purpose completely coincides with the purpose of delivery - for example, when a person is delivered to the department to draw up a protocol, which for some reason cannot be drawn up right on the spot. Since without a protocol, bringing to administrative responsibility cannot be recognized as legal, the person is detained.

execution of the decision

It should be noted that during personal search and delivery, the citizen’s freedom is also limited, and sometimes significantly. However, such measures do not constitute detention in the administrative sense. Thus, delivery is simply a forced transfer to the department of the offender, while a person is considered administratively detained strictly from a certain time.

Detention is not permitted if there is a basis for a warning or fine at the scene of the offense.

Basically, the criteria for applying such a strict security measure are:

• lack of identification documents. Thus, if a person commits an offense, at least the offender’s passport data is needed to record and draw up a protocol. If there is no passport, or any other document (driver’s license), there is a need to clarify the identity;
• There are documents, but they raise reasonable doubts about their authenticity, or they are damaged. Example No. 1 . Police officers stopped A.V. Monin. in the park, where he violated trade rules - he tried to sell spare parts for a car. At the request of the police, Monin A.V. presented a passport in which two pages had been torn out. To establish his identity, Monin was taken to the police department, where a report was drawn up and his data was confirmed by interviewing relatives and contacting the FMS department. Both a delivery report and a detention report were drawn up in the case; after Monin’s identity was established, he was released;
• disobedience to law enforcement officers. Example No. 2 . On call from Karpova O.L. On telephone number 02, a police squad went to her place of residence, where the woman was beaten by her ex-husband. In order to draw up a protocol on bringing him to administrative responsibility for beatings, it was necessary to take away an explanation from Karpov. Since Karpov refused to leave the victim’s place of residence, refused to answer questions from employees and resisted, he was detained;
• misleading a police officer. For example, when drawing up a protocol, a person gives clearly false information that is important for the administrative case. In this case, the person may be detained until the truth is established and the reason for misleading officials is clarified.

The given examples of grounds for restricting people’s freedom are a consequence of practice, since the Code of Administrative Offenses of the Russian Federation does not disclose the concept of “exclusivity”. That is, deciding whether to detain a person falls within the powers of a police representative, who almost always acts at his own discretion.

Administrative detention as an interim measure can only be applied to an individual. Detain LLC, OJSC, etc. impossible - in relation to legal entities there are other methods of influence (for example, seizure of things and documents, seizure of goods).

How to appeal?

According to the rules for filing a complaint, no one is obliged to prove or point out violations by officials. Upon application with a complaint from a citizen, the relevant authorities are obliged to conduct an investigation and independently identify such violations, or stop the case if none are found.

If you believe that your rights have been violated, then you must appeal against the actions of employees. Most often, this has to be done when brought into detention before trial due to an overdue fine (involvement under 20.25 of the Code of Administrative Offenses of the Russian Federation).

In any case, a complaint against police officers can be filed with several departments at once:

• to the immediate head of the unit where the inspector who detained you serves,
• to the prosecutor's office for the jurisdictional area of ​​the violation, but it is also possible to the general prosecutor's office,
• to the Department of Internal Security under the Ministry of Internal Affairs,
• straight to court.

We recommend contacting the first 3 departments at the same time. There is no general application form or sample for this. You just need to write to whom and from whom the complaint is being made, the essence of the appeal, a description of the detention procedure, attach a copy of the protocol if available, and also upload a video of the procedure to Youtube and indicate the link in the appeal.

But the most effective method that produces results is, as a rule, the prosecutor’s office. You can also file a complaint here through State Services or by finding the online complaints reception site for your region online. Here, for example, is a reception area for Moscow residents.

What are the penalties for employees?

Unlawful detention by a person in authority is a criminal offense and is punishable accordingly. In this case, Article 301 of the Criminal Code of the Russian Federation provides for up to 3 years of imprisonment for a known crime.

But the police are not always charged under this article. The fact is that the illegality of detention is established on grounds - if a person is limited in freedom without reason, then the detention becomes obviously illegal. But even if there were any violations in procedural actions and rules were violated, this does not make the detention itself illegal. And this is quite logical, because, for example, the absence of indicating a position in the protocol does not affect the purpose of the administrative procedure, and the public danger if it is not carried out, according to the legislation.

But there is also an indirect punishment for the inspector - if his actions are considered illegal, you can recover moral damages. And the money from there comes from the treasury or the Ministry of Finance of the Russian Federation. And these further they can be recovered by way of recourse from this employee. Below we will provide a link to judicial practice in such cases.

What's next?

So you've filed a complaint. Now you should expect a response. Most likely, you will be called to the appropriate institutions to testify. It is better not to refuse and to appear, since without testimony the case will most likely be dismissed and closed due to the absence or lack of proof of violations by the employees.

If the prosecutor's office takes action, then this gives you grounds to recover damages caused to you by illegal detention. And this harm is most often only moral. But here the courts often award sufficient amounts - at least significantly more, if you compare the hours spent in the detention facility with the hourly wages of most Russians.

To recover moral damages, you will need to file a separate claim with the civil court at the place where the offense was committed.

Who has the right to detain

One of the articles of the Code of Administrative Offenses of the Russian Federation provides a clear list of those officials who are vested with special powers. So, from the contents of Part 1 of Art. 27.3 of the Code of Administrative Offenses of the Russian Federation it follows that the following have the right to restrict freedom:

• police officers - on those matters that fall within their competence. This is disobedience to requirements, petty hooliganism, appearing drunk in a public place, theft, etc.;
• the head of a detachment of national guard employees or departmental security - in cases involving damage to a protected object. Thus, if theft of property from departmental warehouses is detected or if an outsider enters a protected area, the senior detachment has the right to carry out detention within the framework of the Code of Administrative Offenses of the Russian Federation;
• officials of border authorities - in cases of violation of legislation on crossing the State Border of the Russian Federation;
• officials of the customs authority - in cases where a violation of customs rules for the import and export of items is established;
• bailiffs - in relation to persons who have committed offenses of a special nature related to the established judicial order - for example, failure to comply with a judge’s order, obstruction of enforcement, etc.

Please note that the specific title of the position of the person authorized to carry out detention is not reflected in the law, but there is a reference to legislative acts of the executive branch - they contain a list of specific officials: for example, Order of the Ministry of Internal Affairs of Russia 2012. “On the powers of officials of the Russian Ministry of Internal Affairs system to draw up protocols and administrative detention”; Order of the Federal Customs Service of Russia of 2014 (the powers of customs officers are regulated), etc.

Complaint

Every citizen has the opportunity to appeal against detention if it is illegal. Within three days from the date of sentencing, a person applies to the cassation court. If the court takes into account the plaintiff's arguments, all charges are dropped. The complaint for illegal detention itself must provide clear arguments that the arrest is unlawful in nature. This is worth paying special attention to.

Compensation for illegal detention is paid from the local treasury. In most cases, national courts refuse compensation for moral damage, and therefore it is worth turning to the ECHR. Naturally, before appealing to such a high authority, all Russian courts should have already refused compensation.

Detention procedure

The procedure for the actions of officials and the procedure for drawing up a protocol are regulated in the Regulations adopted by separate legislative acts. For example, the actions of traffic police inspectors must comply with Administrative Regulations of the Ministry of Internal Affairs No. 664, which came into force only on October 20, 2017. Previously, Order No. 185 was in force for more than 7 years (since 2009), which has now lost force.

The general procedure for administrative detention should be as follows:

1. The law enforcement officer introduces himself, announces why he is making the arrest - type of offense, reason;
2. the person is taken to the police department, before which a personal search and search of vehicles may be carried out;
3. a protocol is drawn up;
4. the citizen is placed in a cell, after which he is taken to court, where he is found guilty or not guilty by a court decision;
5. The decision can be appealed on appeal within 10 days from the date of delivery of its copy.

Responsibilities of an official and rights of a citizen

The rights of a person who has been detained and the responsibilities of an official closely intersect. Thus, according to the Law “On Police”, law enforcement officers are obliged to:

• When addressing a citizen, state your position, rank, last name, and state the reason for the appeal. At the request of a citizen, the police officer is required to present his official identification. It should be noted that recently, compliance with this obligation by employees is almost always fulfilled, which could not be stated several years ago.
• report the reasons and grounds for enforcement measures;
• explain the right to legal assistance, to an interpreter, the right to refuse to give any explanations (Article 51 of the Constitution of the Russian Federation), the right to notify your relatives about what happened.

A person who has been subjected to administrative restriction of freedom has the right to:

• know about the offense in connection with which he was detained - not only the number of the article of the Code of Administrative Offenses of the Russian Federation, but also the essence;
• ask for notification of relatives, loved ones, employer, defense attorney about administrative detention;
• demand that he be given a copy of the protocol (without such an initiative, the official may not give a copy, since he does not have such an obligation without the request of the detainee);
• demand that the prosecutor's office conduct a review of the legality of police actions to restrict freedom. A statement of this nature can be either in written or oral form, voiced to the employee who compiled the protocol, who is obliged to immediately report such a requirement to the district prosecutor, who makes the decision on the inspection;
• appeal any actions of law enforcement officials.

The legislator does not specify a specific time frame within which relatives must be notified of the detention - it must be “as short as possible.” It follows from this that the message to loved ones should occur by any quick means of communication - by telephone, fax, telegram, etc.

It is also not regulated which relatives a law enforcement officer must notify and how many of them there may be. It is assumed that everyone who was named a citizen - after all, it is almost impossible to quickly check how close the listed people are and whether they are relatives at all. All these features in practice are resolved depending on the individual situation.

In practice, there are cases when the police do not allow the detainee to call his loved ones on his phone, they stop the attempted call and even confiscate the phone. Such actions by officials cannot be considered legal, since the Code of Administrative Offenses does not prohibit the offender from using cellular communications.

If an interim measure is applied to a minor, then his parents or guardians are always notified, regardless of whether a request for this has been received or not.

In addition, they are always required to report the incident to the head of a government organization when the detainee is listed as an employee.

Detention Act 2021

So, administrative detention of a person is a short-term procedure for restricting the freedom of movement of a driver or any other civilian, and in some cases an official, for certain purposes.

Please note that this is not a punishment in itself, like a fine or arrest. This is precisely a preventive measure, but they can detain you in order, for example, to assign a measure of responsibility in the future (already arrest, for example).

This procedure is regulated by several regulations (in the case when this is done by a traffic police officer). Let's list them in order of priority of their importance.

1. The Code of Administrative Offenses of the Russian Federation regulates the basic principles of administrative detention of a person: the purpose, general rules for drawing up a protocol, deadlines, and general procedure.
2. The Federal Police Law establishes on what grounds and in what cases a person can be detained, the grounds for choosing the procedure and also general rules.
3. The administrative regulations, put into effect by Order No. 664 of the Ministry of Internal Affairs, prescribe to the police officer the procedure for action in this case.

There is also the Criminal Procedure Code, which talks about arrest when committing crimes or suspecting a citizen of a criminal act.

Protocol

This is the main document that reflects the most significant data about the offender and the reasons for applying the interim measure. The correct drawing up of the protocol is the basis for the legality of the subsequent decision to find someone guilty of an offense and assign the appropriate punishment. The protocol on administrative detention must indicate:

1. date, place of its compilation. In most cases, this location is the premises of a police department or municipal authority.
2. Full name of the person who compiled the protocol, as well as his position.
3. Full name of the detainee, his residential address. It is not mandatory, but sometimes information about the place of work and position is entered into the document (for example, when a coercive measure is applied to an official). All this information can be entered into the protocol on the basis of submitted identification documents, as well as from the words of eyewitnesses, witnesses, and relatives.
4. the motives for applying this coercive measure - that is, the grounds on which the official decided to detain the person (timely consideration of the case or execution of the decision). Without indicating a justified motive, the protocol may be declared illegal.
5. time of administrative detention (accurate to minutes).
6. note about notification of relatives.
7. a mark certifying the explanation to the citizen, as well as to the witnesses present, of their rights and obligations.
8. the citizen’s explanation about the circumstances of the offense - everything that he considers relevant to the case is indicated here. You can refuse an explanation using the right provided for in Art. 51 of the Constitution of the Russian Federation, indicating his disagreement with the detention.
9. other important information: about personal search, about the state of intoxication, about the provision of a lawyer, about the state of health, etc.
10. comments to the protocol, if any. When reading the information included in the documents, in some cases the offender may find inconsistencies (for example, the time, place, etc. are incorrectly indicated), about which he can make a written comment. Also in the “remarks” column you can reflect possible witnesses whom the detainee would like to interview.
11. signatures of an official and a citizen. Forcing a detainee to sign a protocol is contrary to the law and unacceptable. At the same time, if there is a refusal to sign, this is recorded by the official and indicated by Fr.

The protocol is drawn up in accordance with standard forms developed by various departments (Ministry of Internal Affairs, FSSP, etc.). Below is a sample of the standard form of the protocol recommended in Appendix No. 10 to the new Administrative Regulations for the execution by the Ministry of Internal Affairs of the Russian Federation of the state function of supervising the compliance of road traffic participants with the requirements of the legislation of the Russian Federation in the field of road traffic (we previously wrote that this regulation came into force on October 20, 2017 ):

PROTOCOL 00AA11111 on administrative detention

"November 12, 2021 "22" hour. "50" min. Samara

(date and time of compilation) (place of compilation)

I, IDPS Traffic Police Department of Internal Affairs of Samara, senior police lieutenant E.P. Mironov.

(position, special rank, unit, surname, initials of the official who compiled the protocol)

compiled this protocol on the administrative detention of citizen Anatoly Vladimirovich Zubov, born December 12, 1990, Samara

(last name) (first name) (patronymic if available) (date and place of birth)

living at the address: Samara, st. Melnikova, 3, apt. 4, phone: 8928888888

(residence address, phone number if available)

working as an engineer at Stroitel LLC, Samara, Profsoyuznaya str., no. 34, letter A,

(name and address of the organization, telephone, position)

Which was delivered at 22:00. "30 min. "12" November 2021

IDPS traffic police department of internal affairs of Samara, senior police lieutenant Mironov E.P.

(position, special rank, unit, surname, initials of the official who delivered the citizen),

to the police department of the Russian Ministry of Internal Affairs for the city of Samara______________

(name of the territorial body of the Ministry of Internal Affairs of Russia).

Grounds for detention (cross out unnecessary): to ensure correct and timely consideration of the case of an administrative offense, provided for, indicate the part, article of the Code of Administrative Offenses of the Russian Federation, Art. 19.3 Code of Administrative Offenses of the Russian Federation; execution of a decision in a case of an administrative offense on the basis of Article 27.3 of the Code of the Russian Federation on Administrative Offenses.

The rights and obligations provided for by the Code of the Russian Federation on Administrative Offenses and Article 51 of the Constitution of the Russian Federation were explained to the detainee.

In the presence of witnesses, who are explained their rights and obligations under Article 25.7 of the Code of the Russian Federation on Administrative Offences/with the use of video recording (cross out what is not necessary)

1. Last name Mashkova first name Maria patronymic Vladimirovna (if available), residence address Samara, st. Letnyaya, 8, phone 8902222222222
2. Last name Ivanov first name Pavel patronymic Dmitrievich (if available), residence address Samara, st. Letnyaya, 9, phone 890333333333

a personal search was carried out, an examination of things in the person's possession, a vehicle search, things and documents were confiscated (cross out what is unnecessary):.

__________________________________________________________________________ (information about the type, quantity, identification features of things, including __________________________________________________________________________ including the type, brand, model, caliber, series, number, other ______________________________________________________________________________ identification features of weapons, the type and quantity of ammunition, the type and details of documents, information about the use of photography, filming, video recording, other methods of recording material evidence, information about packaging, printing).

Attached to the protocol: ————————————— (nothing seized)

Explanations and comments of the detainee I do not agree with the detention, please call a lawyer

At the request of the detainee, the following were notified about the fact of detention and his location:

At 22 hours 40 minutes on November 12, 2021, via telephone, mother Zubova P.R., at 22 hours 44 minutes, via telephone connection, lawyer of the branch of the Bar Association of the Leninsky District of Samara, Popov G.R.

(relatives, administration at the place of work (study), defender (lawyer); when a minor is detained, parents or legal representatives must be notified, date, time, method of notification (telephone number, address)

Statements and comments made during the detention and search: not received (specify by whom and what) Signature of the detainee: refused to sign

(signature of the detained person or a record of refusal to sign the protocol)

Signature of the official who compiled the protocol: Mironov E.P.__________

A copy of the protocol was received by: Zubov A.V. (handed over to the detained person at his request, signature of the detained person)

Signatures of witnesses: 1.Mashkova M.V.__________ 2.Ivanov P.D._______

(signature, surname, initials) (signature, surname, initials)

The detention was terminated “___”___________20___, at “__” hour.”___” min.

As can be seen from the presented sample, by the time of detention a protocol on administrative violation must already be drawn up - it is in it that the circumstances of the commission of the offense are indicated. In the arrest report, detailed information about what was done is not included, indicating only the article of the Code of Administrative Offenses of the Russian Federation under which the citizen is being prosecuted.

The absence in the columns of such important points as clarification of rights, reasons for detention, failure to report the incident to a lawyer in the presence of a corresponding application are absolute grounds for declaring the document illegal. In addition, the time must be correctly indicated in the protocol, since failure to comply with the terms of restriction of freedom is a gross violation of constitutional human rights.

Types of arrests

Legal experts identify four main forms of detention.

The first form is justified. We are talking about those cases when the police work in accordance with the rules of the law: there is clear evidence of guilt, the arrest report is correctly drawn up.

The second form is an arrest with errors of fact. It must be said that this form of detention is not very common, because instead of the criminal, another person is detained.

Unlawful detention due to misinterpretation of the law is the third form. These are cases when police officers simply have no reason to detain a person.

Finally, the fourth and most problematic form is obviously illegal arrest. Here we are talking about the outright arbitrariness of the police officers: lack of grounds, “sewing” the case, pressure on detainees - all this is a gross violation of the law.

An arrest that occurs by mistake cannot be considered illegal. In this case, the person mistaken for the suspect will be released, and the police will continue to work. You should not expect any compensation for moral damage here. The only exceptions are those cases where the detainee was treated contrary to the law.

Calculation of periods of detention according to the Code of Administrative Offenses of the Russian Federation

By analogy with criminal cases, in administrative cases the correct determination of the term is an important aspect that directly affects the legality of the subsequent decision on punishment. As a general rule, the detention of an offender cannot last more than 3 hours . At the same time, the Code of Administrative Offenses of the Russian Federation allows the extension of this period to 48 hours (this is the maximum limit):

• if the detainee is a person about whom there is information about violation of the regime of the State Border of the Russian Federation, the procedure for staying on the territory of Russia, customs rules - if necessary, establish the identity and clarify all the circumstances;
• if proceedings are already underway against the citizen in a case where arrest is provided as an administrative penalty.

The period begins not from the moment of actual arrest (as under criminal procedural law), but from the moment of delivery to the police department.

In fact, the person is immediately placed in KAZ - administrative detention cells, after which within two days they are taken to the courts, where while awaiting trial, offenders are kept in specially designated premises (essentially the same cells, but in the courthouse). Since an extension beyond 48 hours is not permitted by law under any circumstances, the stay in the cells is fully counted towards the total two-day period.

Separately, the Code of Administrative Offenses stipulates the beginning of the calculation of the period of detention for persons in a state of intoxication: from the moment of sobering up. The Code does not explain in more detail how to determine whether a person is sober or not, whether this requires a medical examination, or detention not within the walls of a police department, but in a hospital. The practice follows the path of waiting for 6 hours, when the citizen begins to more adequately perceive what is happening to him and can give some explanations. The extent to which this approach complies with legal requirements is a controversial issue. After all, quite often detainees are not intoxicated by alcohol, but by drugs, and defining sobering up by a 6-hour break cannot be considered correct. Legal experts believe that in this case there is a significant gap in administrative legislation.

If there are grounds, the citizen must be released immediately, including before the expiration of even the minimum 3-hour period. For example, one of the grounds for release is termination of administrative proceedings. The time of termination is noted in the protocol (see sample).

For how long can freedom be restricted?

In general cases, the maximum period of detention is 3 hours. But in exceptional cases, when the administrative case that has been opened against you entails arrest as one of the penalties, it can be extended. And in all cases, you can legally stay in the premises for no more than 2 days.

The beginning of this period begins to flow from the time of delivery - that is, from the moment your right to movement was actually limited, at the place where you were stopped.

Who cannot be detained

The following have this immunity:

• President of the Russian Federation (both current and terminated his powers for any reason);
• members of the Federation Council;
• deputies of the State Duma of the Russian Federation, as well as deputies of the Duma at the regional and city levels;
• judges of any level (magistrate, district, arbitration, etc.);
• prosecutors;
• Commissioner for Human Rights;
• foreign citizens with diplomatic immunity (with confirmation: for example, a diplomatic passport);
• some others.

In relation to some of the listed persons, detention cannot be applied under any circumstances (for example, the President), while in relation to others, such an administrative measure can only be applied if the person is caught in the act of a crime and there is permission from the relevant authority. Thus, the Commissioner for Human Rights can become administratively detained only if a certain procedure is observed: it is necessary to obtain the consent of the State Duma in writing.

Lack of legal grounds

Next point. The most common type of unlawful detention by police is an arrest without legal grounds. This case is worth stopping at.

What is a legal basis for detention anyway? The answer to this question is given by Article 91 of the Code of Criminal Procedure of the Russian Federation. An interrogator or investigator may catch a suspect at the scene of a crime. This will already be enough for legal detention. The second basis is the indications of witnesses. Eyewitnesses to a crime or victims themselves may recognize the suspect as the culprit of the events. Finally, the third reason will be the presence of traces of a crime on the suspect’s clothing, his personal belongings or on the body. At least one of the three grounds presented will be sufficient for the lawful detention of a person suspected of breaking the law. In general, everything is extremely simple.

Can detention be considered unlawful if there are no one of the listed grounds? Probably yes. It is impossible to give a definite answer here, because the suspect may be hiding from law enforcement agencies. Problems may also arise in cases where it is not possible to establish a person’s identity or place of residence.

Illegal actions of administrative restriction of freedom

In practice, police actions do not always comply with the requirements of the law. Thus, in accordance with the Code of Administrative Offenses of the Russian Federation, detention can only take place if a person commits an administrative offense. It follows from this that in the absence of documents on one’s person, if the person’s identity cannot be established on the spot, but he has not committed anything illegal, it is impossible to apply an interim measure of coercion.

An exception to this rule applies only to special situations when a special security regime has been introduced in a certain city/region.

Example No. 3 . Porokhov R.N. was stopped by PPSP officers in connection with a document check - it was in this form that the police informed Porokhov about the reason for the stop. Porokhov, who was returning from work and was absolutely sober, explained that he had no documents except a pass to the workshop where he was employed. Subsequently, in court, Porokhov’s detention was declared illegal, since there were no grounds for it.

Similar police actions may be recognized as illegal if the administrative offense is insignificant. Many of us are familiar with Article 2.9 of the Code of Administrative Offenses of the Russian Federation, which allows for exemption from liability for minor offenses.

Example No. 4 . A 17-year-old teenager stole a pack of cookies worth 47 rubles from a store. The police officers called by the sellers hastened to draw up a report on the delivery, and then formalize the detention of the teenager. When deciding on the punishment for the crime, the court released the perpetrator from punishment, applying Art. 2.9 of the Code of Administrative Offenses of the Russian Federation about the insignificance of the act and limited only to an oral remark. At the same time, the detention based on the kidnapper’s complaint was considered unfounded, since the damage from the stolen property was compensated by the boy’s parents within half an hour from the moment of the theft, the teenager did not try to hide, etc. The court's decision took into account the circumstances of the crime, the identity of the perpetrator, repentance and compensation for damage, and also drew attention to the absence of a significant violation of protected public legal relations.

In the above example, there is a clear lack of compelling reasons for detention - let us remind you that such an interim measure should be used in exceptional cases, to which such a minor offense clearly does not apply. In this regard, we can highlight another case of unjustified restriction of freedom - when it is advisable to apply another measure of coercion.

Example No. 5 . Chekalov E.N. I was in a public place (cafe) drunk and fell asleep at a table. The cafe administrator called the police, and an arrest report was drawn up. The court found the actions of the employees to be inconsistent with the law, since in this case it would be advisable to apply one of the interim measures - a medical examination.

In addition, the actions of officials may be considered illegal if it is possible to identify them at the scene of the incident.

Example No. 6 . Kargin N.G. assaulted a distant relative at a wedding. The banquet administration immediately reported the incident via “02”. The police who arrived at the scene found that Kargin did not have documents on him, but his wife had them, who at that moment went to the kitchen to control the serving of dessert. The police did not wait for Kargin’s wife with his passport and took him to the department. The court declared the detention illegal, since the servants of the law had a real opportunity to establish the identity of the culprit right on the spot.

Quite rare, but still in real practice there are cases of abuse by officials with a real opportunity to draw up a report at the scene of the incident. In addition, there are rare cases of detention for offenses for which the punishment does not include arrest - for example, when a person is detained by a traffic police inspector for an offense for which a warning is imposed.

Taking into account this practice, the Supreme Court of the Russian Federation, in its clarifications, drew attention to the inadmissibility of violations of the goals and grounds provided for in special norms of legislation. According to the Supreme Court, arbitrariness in making decisions on restrictions on the freedom of citizens must be eradicated, since violation of the Constitution of the Russian Federation and the Convention for the Protection of Human Rights and Fundamental Freedoms is unacceptable.

What are the rules of conduct during the procedure?

First of all, even if you believe that the detention is illegal, you should not resist and use physical force to protect yourself. Alas, in the realities of Russian legal practice this may not end in your favor.

The most important thing that needs to be done when detained is to videotape the communication with the traffic police, starting from the moment the car is stopped and ending directly with moving into the premises.

This will help in the future to identify all violations of the police and bring them to justice.

Something else useful for you:

• Can they deprive their rights twice in a row and what will happen to the terms of deprivation?
• Do traffic police officers have the right to check a car sharing account on a smartphone and what are the consequences for this?
• Leaving the scene of an accident: what the danger is, how to avoid punishment, will there be recourse?