Administrative arrest is a type of punishment that is imposed for committing an administrative offense. The regulatory framework is the Administrative Code of the Russian Federation and the Law “On the procedure for serving administrative arrest” (No. 67-FZ of April 26, 2013).
- What is administrative arrest? Differences between arrest, delivery and detention
Administrative arrest as a form of punishment
The very name of the sanction implies that administrative arrest (AA) is punished for an administrative offense. Application of AA is carried out in accordance with Art. 3.9 Code of Administrative Offenses of the Russian Federation. According to this article, the culprit will spend the notorious fifteen days in custody. However, there are some exceptions.
For example, in some cases it is possible to spend twenty or thirty days under AA. The 30 days includes detention, which in most cases occurs before arrest. And the starting point is considered to be the delivery of the offender to a premises of an official nature, and in the case of, say, intoxication - from the moment of complete sobering.
30 days are also punishable for violations at rallies and similar events. The third reason for imposing a month's arrest is violation of the rules of movement and presence in public places of large masses of citizens.
The punishment is chosen by the court. The consideration of the case takes place on the same day on which the prosecutor's office sends the arrest records and case materials to the court. No later than 48 hours after the arrest of the offender and only with his mandatory presence at the meeting.
Sanctions for drivers
So, why do they give 15 days of arrest? In this case, only administrative punishment is meant. So, this mainly concerns offenses committed in the field of traffic. For example, a driver who gets behind the wheel of a vehicle while drunk and refuses to undergo a medical examination may be arrested for 15 days. The law says so. Moreover, the same punishment can be received by a person who gets behind the wheel of a car, having already been deprived of a driver’s license.
It is also necessary to add here that citizens who have committed an accident and left the scene of a road accident may also be subject to administrative arrest. All drivers should be aware of this.
But can they give 15 days of arrest for the fact that a citizen left the scene of an accident because he took the victim to the hospital, but then returned back before the traffic police arrived? In this case, there are no grounds for imposing this punishment. But only the judicial authority will deal with this issue, based on all the evidence and materials presented in the case.
What awaits the prisoner?
A citizen sentenced to administrative arrest will first of all be taken to a special detention center. There will be a medical examination and hygiene procedures. Each new arrival will be photographed and fingerprinted. Then the offender is taken to a cell and locked. The cameras are monitored 24/7.
Cellmates are separated as follows: men are separated from women, smokers are separated from non-smokers (subject to conditions). Those arrested for purchasing drugs in small quantities or at a pharmacy without a prescription, patients, and foreigners are also sorted separately. They can be transferred from a general cell to another, determined by the head of the correctional institution, for bad behavior or at the request of the prisoner if he fears for his life or health.
Every sentenced person has the right to receive food, a place to sleep and bedding, as well as to receive parcels. The standard area per person is 4 square meters. The cells also have a table, a bench, a wardrobe with a hanger, a radio and a bathroom with a basin for washing things.
The daily routine is strict, but it also includes time for an eight-hour night's sleep and an hour's walk in a protected area. And every person arrested can talk on the phone with his family for three minutes once during the entire arrest.
Sanctions for persons who have used drugs
In what cases is 15 days given? Here it is necessary to say that it is possible to receive this punishment for taking psychotropic substances without a doctor’s prescription. It should also be noted that currently in our legislation there are only administrative sanctions for such an offense. Thus, if a person simply used drugs himself and did not sell them to anyone or store them, then he will not face criminal punishment. You also need to know about this.
In order for police officers to determine whether a citizen is under the influence of any drug or not, the latter is taken for a medical examination. If an alleged violator refuses to undergo a certain test to determine the presence of prohibited substances in his body, then law enforcement officers have every reason to believe that he was using drugs. This is entered into the protocol by police officers. This document is submitted to the magistrate's court as evidence that the person was under the influence of prohibited substances at the time of arrest.
What can you get 15 days for?
The Code of Administrative Offenses of the Russian Federation provides for punishment in the form of AA with a maximum duration of 30 days.
Here are the main types of violations that can lead to administrative arrest. The court may assign 15 days for the following actions:
General points
- failure to pay child support or parental support
- battery (without corpus delicti)
- illegal trafficking, consumption, propaganda, acquisition, storage, transportation, production (including cultivation) of psychotropic drugs (including for persons without Russian citizenship), as well as evasion of diagnosis and treatment
- obtaining income from prostitution, as well as propaganda of non-traditional orientation to minors, carried out by persons without Russian citizenship
- petty theft - up to 2,500 rubles, for example, food in a store
Transport
- causing damage to railway property, including, for example, leaving pebbles on the rails
- failure to comply with transport safety requirements, as well as failure to comply with requirements, for example, of the aircraft commander
- driving a car without a license, while intoxicated, handing over the steering wheel to a drunk, refusing a medical examination for intoxication
- moving a car or objects after an accident, not turning on the emergency lights (including installing a sign)
State power (order of government)
- ignoring a judge calling for order in court
- failure to comply with the requirement to stop disseminating information (give a refutation) specified in the executive document
- disobedience to a border guard or other security officer (the requirement must be legal)
- violation of administrative supervision (restrictions)
- violation of the activities of a foreign media outlet - a foreign agent, and, moreover, a gross one
- taking over someone else's license plates
Public Safety
- petty hooliganism, for example, swearing in a public place, failure to comply with a law enforcement officer’s request to stop petty hooliganism
- involvement of children in unauthorized rallies, etc., as well as violation of the procedure for organizing such a meeting, inaction at the meeting, which led to violations of the health of citizens (safety of property)
- taking part in rallies that were not properly authorized and interfered with, for example, traffic, as well as near a nuclear power plant or other “noisy” object
- gathering of masses of citizens in a public place, leading to a violation of public order or sanitary standards
- public display of prohibited symbols (paraphernalia), sowing hostility and hatred, including on the Internet
- violation of rules regarding weapons, cartridges, pyro- and explosives, issuance of weapons certificates
- penetration into a state-protected facility
- consumption of alcohol or psychotropic substances (appearing drunk) in a public place, regardless of the citizenship of the person who used it
- suddenly, failure to pay an administrative fine - theoretically, you can get 15 days for failure to pay on time, evasion of serving an arrest (compulsory labor, ban on visiting certain places)
Here we need to make a note - arrest does not apply to those who have not paid the fine issued from the camera. In the vast majority of cases, these are, of course, car enthusiasts.
- obstructing counter-terrorism operations
- distribution of materials recognized by the state as extremist
- Behavioral disorders at sporting events, such as dragging pyrotechnics
Administrative punishment in the form of arrest for up to 15 days according to the list above is imposed if the act does not fall within the scope of the Criminal Code of the Russian Federation. In this case, the act is already considered a crime and is punished much more severely.
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Is the reason for failure to appear important or not?
If an employee is detained or arrested, then even with his best wishes, he will not be able to go to work for some time. Therefore, many employers will have a question whether this absence is considered absenteeism or not.
Arrest (detention) is a valid reason for absence from work. Thus, the servants of Themis indicate that arrest does not apply to disrespectful reasons for an employee’s absence from the workplace, since in this case nothing depends on his will, desire or unwillingness to fulfill his work duties (resolution of the Presidium of the Moscow Regional Court dated October 13, 2004 No. 631) . It is also noted that the detention or arrest of a person is carried out for committing illegal actions that are not related to disciplinary offenses, for which the employer can apply disciplinary sanctions.
Accordingly, such absence will not be considered absenteeism, which means that disciplinary sanctions, in particular dismissal, cannot be applied to the employee. However, there is no need to pay for the period of arrest.
Based on Article 129 of the Labor Code, wages are remuneration for the employee’s work. Since the arrested person cannot perform his duties, there is no basis for calculating his wages. An exception may be work during house arrest. When a preventive measure in the form of house arrest is chosen against a person, the judge’s decision indicates whether the arrested person can leave the house, use a computer, whether Internet access is allowed, and so on. Thus, if an employee is allowed to communicate with colleagues, use the telephone and the Internet, then with the permission of the employer he can work from home and receive a salary for it. Also, people under house arrest are sometimes allowed to attend work.
It is worth noting that the employee retains his average earnings if the period of arrest coincides with non-working periods for which the average earnings are retained (for example, with annual paid leave).
Reference
Based on the provisions of Article 121 of the Labor Code, the period an employee is under arrest is included in the total vacation period, since the reason for absence from work is valid. Also, according to the Regulations on the specifics of the procedure for calculating benefits (approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375), the time of arrest is included in the calculation period for payment of benefits.
Earning income from prostitution
This offense is an administrative offense and you can get a fine or arrest for up to 15 days (this is the maximum). People who receive income from the fact that women of easy virtue give them a large part of the proceeds are called pimps. It is the latter who risk being arrested and spending two weeks in a police temporary detention facility.
Therefore, when answering the question of why 15 days of imprisonment in a temporary detention center is given, we can say that the court assigns this punishment to those citizens who profit from the fact that other persons are engaged in prostitution. Such activities are prohibited by the law of our country.
Where do you have to serve?
Why do they give 15 days of administrative arrest? As it was written earlier, this punishment is imposed on people only for committing offenses provided for by the Code of Administrative Offenses. This is one of the toughest sanctions for administrative violations. People have to serve their sentences in a temporary detention center at the Ministry of Internal Affairs. As a rule, in small towns the temporary detention center is located right in the police basement. Moreover, violators for committing administrative offenses are kept in isolation from those detained on suspicion of committing crimes.
Some citizens are interested in the question of where they sit in Moscow for 15 days of administrative arrest? As already stated above, for this purpose, police departments have special temporary detention centers (abbreviated as IVS). Previously, this detention center had a different name - KPZ (pre-trial detention cell). Now the name has changed, but the purpose of such an institution remains the same.
