The rules of administrative law are not known to everyone, so law enforcement officers can sometimes exceed their authority. Detention is always an unpleasant event that you want to avoid.
It is useful for citizens to know whether it is worth fearing, and at what points they are obliged to proceed to the police station with the officers. In addition, the procedure must be recorded in the detention protocol.
What does this measure imply?
Administrative detention of citizens is a temporary restriction of freedom, which can be applied in some cases. Moreover, a person may require police officers to notify about the measure of restraint of their close relatives. Sometimes you can insist on calling a lawyer and notifying him of what happened (if the citizen has one).
A person may refuse to testify without the presence of a defense counsel. The procedure for administrative detention must necessarily include the process of reading to the citizen his rights. In addition, each stage should be recorded in the protocol.
The reasons for applying the measure to the person, place of detention, information about employees are also recorded. The period of administrative detention should not exceed three hours, if we are not talking about special circumstances: violation of the migration regime or customs regulations, hooliganism, a citizen having no passport with him, and so on.
For what purposes is applied
Short-term detention of a person may be applied in certain cases, which are regulated by the legislation of the Russian Federation. A police officer must notify a person why he is being detained, record his actions, sometimes attract witnesses.
What are the purposes of detention:
- Identification of a citizen (who violated the rule of law).
- Prevention of administrative offense.
- Detention for drawing up a protocol at the police station (if not possible, then issue it on the spot).
- Assistance in the consideration or enforcement of a decision on administrative proceedings in relation to another person.
Employees have the right to draw up a protocol on administrative detention and apply this measure only if the offense committed by a citizen is prescribed in the Code of Administrative Offenses. Police officers explain the purpose of detaining a person, explain their rights to a citizen, inform relatives and all actions are recorded in stages. Citizens are delivered to the police station in the shortest possible time, the period of administrative detention depends on the purpose and the offense (if any).
Who can carry out detention?
Information about who exactly has the right to apply such measures to citizens is reflected in the Code of Administrative Offenses, and this list in no case can be changed at the discretion of law enforcement agencies.
Authorized to produce short-term maintenance:
- police officers;
- employees of private security;
- representatives of security companies;
- military traffic inspectors;
- border guards;
- bailiffs;
- customs officers;
- representatives of the "State Drug Control".
How is the detention?
The administrative law provides for the following procedure for a short-term restriction of the freedom of violators and other persons:
- Citizens are taken to a place that cannot be left on their own.As a rule, these are specially equipped premises at the police station.
- Be sure to draw up a protocol. Its execution is the responsibility of the person who carried out the detention.
What information is included in a regulatory act?
The detention protocol contains information about the person, information about the place and time of the restraint. In addition, the signature of the person in charge who led the process is needed.
The citizen, in respect of whom the measure was applied, is also invited to sign the act. If a person does not want to sign an autograph, police officers can make a corresponding note about the refusal. The grounds for administrative detention are also recorded in the minutes and explained to the violator orally.
At the request of the detained person, he is provided with a copy of the document. Police officers also explain all the rights of a citizen in this situation and inform about restrictions on the freedom of his relatives (if necessary).
Where do they keep citizens?
It is only possible to keep violators in designated premises. Depending on the length of the administrative detention, additional measures are taken by law enforcement agencies. The place must comply with regulatory requirements, and the ability to leave it yourself must be excluded.
Such premises must comply with sanitary standards. All information about the conditions of stay of administrative offenders and other persons (in specially designated places) is in the Administrative Code.
Excerpts from the regulations on the content standards
Administrative detainees should be placed in the facilities and conditions created for this. In some cases, they are delivered to specialized institutions, which are provided by executive authorities. They should be equipped in strict accordance with regulatory documents.
If the period of administrative detention exceeds three hours, then the offenders are provided with meals in accordance with the daily allowance in accordance with norm N 3. In addition, persons are entitled to receive food, personal items and hygiene products from relatives.
Medical assistance is also assumed by administrative detainees, in accordance with the legislation of the Russian Federation. Before citizens go to the premises for their temporary detention, police officers must conduct an inspection (information about him is recorded). At the same time, detainees are questioned to identify their mental or other illnesses that could be dangerous to others or to the person. If necessary, police officers call a medical team to assist the detainee.
Special conditions
Persons of different sexes, as well as under the age of 18 years and adults must be kept separately from each other. If the detainee has signs of having a dangerous infection, then he is isolated from others.
The following categories of citizens should not be placed in special premises for administrative maintenance:
- Injured and in serious condition.
- Citizens who suffer from diabetes.
- Women who are pregnant.
- Parents of minors if they cannot pass on their children to relatives.
In the presence of any of the above grounds, detainees must document their attitude to a particular category of persons.
According to the law, 2 square meters of personal space are assigned to one detainee. AT night time violators are given a place to sleep.
Term of Administrative Detention
In accordance with the legislation of the Russian Federation, if there is reason for a short-term imprisonment of a person, then it cannot be longer than three hours. During this time, employees of authorized bodies manage to draw up a protocol and either release the citizen or draw up an appropriate resolution on the commission of an offense. That is, in fact, the period of administrative detention should not exceed three hours.
In some cases, it increases to two days. For example, if there is an office work involving the arrest of the offender. In case of violation of customs and migration rules, as well as illegal crossing the border of the Russian Federation, the period also increases to 48 hours. The countdown is carried out from the moment the person is delivered to the police, where documents on the holding of detention are executed. The situation is somewhat different with persons in a state of intoxication. The duration of their stay in the police shall be calculated from the moment of sobering up.
Persons under 16
In cases where administrative offenders have not reached the age of majority, detention is subject to special rules. The fact is that the psycho-emotional state of children is taken into account by the legislation of the Russian Federation, in connection with which parents or other legal representatives are notified about preventive measures in relation to their ward.
The terms in this case should not exceed three hours. If a juvenile offender is drunk, accrual is from the moment of sobering up. In rare cases, people under 16 years of age are delayed for two days, and longer periods can only be justified by a court decision.
