Administrative detention: procedure for detention and period of arrest. Administrative detention

Administrative detention is a temporary restriction of human freedom that can be used in exceptional cases.

At the same time, the detainee has certain rights and can use them. When and who can they do? For how long is administrative detention possible? We'll tell you further.

Grounds for administrative detention

It is impossible to deprive a person of freedom without compelling reasons, even if he has committed an offense. Therefore Art. 27.3 of the Code of Administrative Offenses of the Russian Federation clearly establishes cases when administrative detention can be applied to a violator - to ensure the correct and timely consideration of a case of an administrative offense, or to execute a decision on the case.

If you have committed an administrative offense, you may be detained.

It turns out that any person can be detained in order to:

• stop the crime;
• review the case in a timely manner;
• draw up an administrative protocol if this cannot be done at the site of the violation;
• carry out the decision adopted in the case.

However, they cannot apply such a measure if only a warning or a fine is provided for the offense committed. An exception will be the situation when a police officer can identify the offender on the spot and draw up a report.

Duration of administrative detention

The period for which the offender’s freedom can be forcibly restricted is determined by Art. 27.5 Code of Administrative Offenses of the Russian Federation - from 3 to 48 hours. In this case, the established limit cannot be exceeded.

Please note that there is usually a delay of two days:

• for violating the Russian border and the rules of stay on the territory of our country;
• for committing an offense in internal sea waters, the territorial sea, on the continental shelf, in the special economic zone of the Russian Federation;
• persons against whom an administrative case is being conducted and for which punishment in the form of arrest is provided.

They can only detain you for two days, no more.

Who can make an arrest?

The list of officials who can restrict your freedom is specified in Art. 27.3 Code of Administrative Offenses of the Russian Federation:

• law enforcement officers;
• senior private security officials;
• military personnel of the internal troops of the Ministry of Internal Affairs of the Russian Federation;
• traffic police, customs, and state drug control officers;
• military personnel and officials of the criminal-executive inspection;
• persons during an operation to prevent a terrorist act;
• bailiffs when identifying administrative offenses, including those committed in the courtroom.

Any law enforcement officer can detain you, but only in exceptional cases.

Administrative detention procedure

If they try to detain you, then you need to follow the procedure for administrative detention. First, the law enforcement officer must introduce himself, show documents, state his position, the grounds and purpose of the arrest. Secondly, you are required to explain on the spot the rights and obligations of the detainee, and only after that draw up a report. Thirdly, it is the responsibility of government officials to notify your relatives, lawyer and employer about what happened within 3 hours from the moment of detention.

Let us note one nuance.
If a police officer has detained a child, he is obliged to notify his legal representatives (parents, guardians) about this. In this case, the minor must be kept separately from adult offenders.

Who can't be detained?

The law does not allow administrative detention of foreign citizens with diplomatic immunity, judges, prosecutors, investigators of the RF Investigative Committee and military personnel.

Rights of the detainee

If you are detained, you are required to draw up a report. It must reflect the place, time, circumstances and reasons for the administrative detention. You have the right to read it and make comments, including information about inappropriate behavior of officials, damage caused, etc. They have no right to interfere with you.

Remember that you are required to explain your rights and obligations and make an appropriate entry in the protocol. If it is not there, it can be challenged. You have the right:

• make one phone call. Exception - the detainee has escaped from a psychiatric hospital, from custody, is evading serving his sentence or is wanted;
• to silence and respect for the presumption of innocence;
• appeal against the actions of the authorities who carried out the arrest. A complaint can be filed with the prosecutor's office and the court;
• invite a translator and a lawyer;
• get acquainted with the protocol and other documents on the case, as well as to receive a copy of the protocol on administrative detention.

Before signing the protocol, make sure that there are no blank lines in it. If they exist, the arresting officer must cross them out. If you don’t want to sign, don’t sign, you have that right. Your refusal will be noted in the protocol accordingly.

If you violated the detention procedure, file a complaint against the actions of law enforcement officers.

According to the appendix to the order of the Ministry of Internal Affairs of Russia dated April 30, 2012 No. 389 “On approval of the manual on the procedure for performing duties and exercising the rights of the police in the duty station of the territorial police department after the delivery of citizens, the list of persons enjoying immunity from detention is summarized:

1. The President of the Russian Federation has immunity (Part 1 of Article 91 of the Constitution of the Russian Federation).

2. Members of the Federation Council and deputies of the State Duma enjoy immunity during the entire term of their powers. Part 1 art. 98 of the Constitution of the Russian Federation, part 1, subparagraphs “b”, “c”, part 2 of art. 19 of Federal Law No. 3-FZ of May 8, 1994 “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”).

3. Judges are inviolable (Part 1 of Article 122 of the Constitution of the Russian Federation).

4. Commissioner for Human Rights in the Russian Federation (parts 1, 2 of Article 12 of the Federal Constitutional Law of February 26, 1997 No. 1-FKZ “On the Commissioner for Human Rights in the Russian Federation”).

5. The President of the Russian Federation, who has ceased to exercise his powers, enjoys immunity. (Part 1 of Article 3 of the Federal Law of February 12, 2001 No. 12-FZ “On guarantees to the President of the Russian Federation who has ceased to exercise his powers and members of his family”).

6. During the period of administration of justice, a juror is subject to guarantees of the independence and immunity of judges (Part 1, Article 12 of the Federal Law of August 20, 2004 No. 113-FZ “On jurors of federal courts of general jurisdiction in the Russian Federation”).

7. During the period of administration of justice, the arbitration assessor and members of his family are subject to the guarantees of immunity of judges and members of their families established by the Constitution of the Russian Federation, Federal Constitutional Law of December 31, 1996 No. 1-FKZ “On the Judicial System of the Russian Federation,” para. 1 item 2 art. 9, Art. 10, p.p. 1, 2, 5 - 7 tbsp. 16 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation” (Part 1 of Article 7 of the Federal Law of May 30, 2001 No. 70-FZ “On arbitration assessors of arbitration courts of constituent entities of the Russian Federation”).

8. The Chairman of the Accounts Chamber, the Deputy Chairman of the Accounts Chamber and the auditors of the Accounts Chamber cannot be detained without the consent of the chamber of the Federal Assembly of the Russian Federation that appointed them to the position in the Accounts Chamber (Article 29 of the Federal Law of January 11, 1995 No. 4-FZ “On Accounts Chamber of the Russian Federation").

9. Detention, personal search of the prosecutor, search of his belongings and the transport used by him are not allowed, except in cases where this is provided for by federal law to ensure the safety of other persons and detention during the commission of a crime (Part 2 of Article 42 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”).

10. When an employee of the federal security service is performing his official duties, his detention, personal search and search of his belongings are not allowed without an official representative of the federal security service or a court decision (Article 17 of the Federal Law of April 3, 1995 No. 40-FZ “ About the Federal Security Service").

11. When an employee of a state security agency is performing official duties, administrative detention, as well as a personal search or search of things on him, are not allowed, without a representative of the relevant state security agency or without a court decision (Part 1 of Article 20 of the Federal Law of May 27, 1996 No. 57-FZ “On State Protection”).

12. Detention, personal search of the head of the investigative body of the Investigative Committee and the investigator, search of their belongings are not allowed, except for cases when this is provided for by federal law to ensure the safety of other persons, as well as cases of detention during the commission of a crime (Part 3 of Article 29 of the Federal Law of December 28, 2010 No. 403-FZ “On the Investigative Committee of the Russian Federation”).

13. A registered candidate for deputy of representative bodies of local self-government and for elected officials of local self-government in constituent entities of the Russian Federation cannot be detained on the territory of a municipal entity without the consent of the prosecutor of the constituent entity of the Russian Federation.

Personal detention is necessary in the following cases:

• suppression of the commission of an offense;
• drawing up an administrative protocol if it could not be drawn up at the scene of the crime;
• for timely consideration of the case;
• for the execution of the decision adopted in the case, as a compulsory measure to ensure production.

Important! Detention is unacceptable if the punishment for the committed offense is a warning or a fine, as well as in cases where there is a real opportunity to establish on the spot the identity of the offender, the circumstances of the case and draw up an administrative protocol.

Duration of administrative detention

Administrative detention can be carried out for a period of 3 to 48 hours in exceptional cases.

The maximum period of detention applies:

• in case of violation of the state border of the Russian Federation and the procedure for staying on the territory of the country;
• when committing an offense on the continental shelf, in internal, territorial waters, in a special economic zone;
• if an administrative case is being conducted against the detainee, for which punishment in the form of arrest is provided.

Detention procedure

1. the representative of the authorities carrying out the detention is obliged to introduce himself, state his position, the reasons and purpose of the detention;
2. explaining to the detained person his rights and obligations;
3. drawing up a protocol of administrative detention;
4. notifying relatives or close persons of the detainee about what happened as soon as possible, no later than 3 hours from the moment of detention.

Who cannot be subject to administrative detention:

• foreign citizens who have diplomatic immunity;
• judges;
• prosecutor and investigators of the Investigative Committee of the Russian Federation;
• military personnel.

After the arrest is made, a protocol is drawn up. It must contain the following information:

• place;
• time;
• circumstances;
• reasons for the arrest.

The detainee has the right to familiarize himself with the protocol and make adjustments to it, including indicating in it information about the incorrect behavior of the persons making the arrest, as well as about his appearance if it has changed as a result of the arrest.

Important!Before signing the protocol, you should make sure that there are no blank lines in the form. If, after filling out, there are any left, the government representative must cross them out. It should be remembered that the detainee has the right not to sign the protocol, which must be marked accordingly.

Rights of the detainee

• to a telephone call, except in cases where the detainee has escaped from a psychiatric hospital, from custody, is evading serving a sentence, or is on the wanted list;
• to respect the presumption of innocence and silence;
• to file petitions and appeal against the actions of the employees who carried out the arrest to higher authorities, the prosecutor's office and the court;
• for translation services;
• to familiarize yourself with the protocol and other documents drawn up on the administrative offense, as well as to receive a copy of the protocol on administrative detention.

Who can make an arrest:

• law enforcement officers;
• senior private security officials;
• military personnel of the internal troops of the Ministry of Internal Affairs of the Russian Federation;
• traffic police and customs officials;
• State drug control officers;
• officials of the criminal-executive inspection;
• persons carrying out an operation to prevent a terrorist act.

Important! If a minor has been subjected to administrative detention, then his legal representatives must be notified about this. Persons under 18 years of age must be kept separately from adult detainees.

Administrative detention is used for the purpose of suppressing administrative, establishing the identity of the offender, drawing up a protocol on an administrative offense if it is impossible to draw it up at the place where the administrative offense was detected, ensuring timely and correct consideration of the case of an administrative offense and the execution of the resolution adopted in the case (Article 27.1 of the Code of Administrative Offenses of the Russian Federation) in as a procedural compulsory measure to ensure proceedings in cases of administrative offenses.

The list of persons who have the right to carry out administrative detention is specified in Article 27.3 of the Code of Administrative Offenses of the Russian Federation. It includes police officers, departmental and private security officers, military vehicle inspection officers and others.

The list of persons authorized to carry out administrative detention cannot be arbitrarily expanded. The detained person may ask for notification of his relatives or the administration of the place of work. This must be done as soon as possible.

If a minor is detained, it is mandatory to notify his parents or other legal representatives. The military commandant's office or military unit in which the detainee is undergoing military service (military training) is immediately notified of the administrative detention of a serviceman or citizen called up for military training.

The detainee must be explained his rights and obligations under the Administrative Code of the Russian Federation, about which a corresponding entry is made in the protocol on administrative detention.

In case of administrative detention, a protocol must be drawn up. It indicates the date and place of its preparation, position, surname and initials of the person who drew up the protocol, information about the detained person, time, place and reasons for the detention.

The protocol on administrative detention is signed by the official who compiled it and the detainee. If the detainee refuses to sign the protocol, a corresponding entry is made in the protocol. A copy of the protocol on administrative detention is given to the detained person only at his request.

As a general rule, the period of administrative detention should not exceed three hours.

A person may be subject to administrative detention for a period of no more than 48 hours if proceedings are being conducted against him for an administrative offense:

• encroaching on the established regime of the State Border of the Russian Federation and the procedure for staying on the territory of the Russian Federation;
• committed in internal sea waters, in the territorial sea, on the continental shelf, in the exclusive economic zone of the Russian Federation;
• about violation of customs rules if necessary to establish an identity or to clarify the circumstances of an administrative offense.

Also, a person against whom proceedings are being conducted for an administrative offense that entails administrative arrest as one of the administrative penalties may be detained for 48 hours.

The period of administrative detention of a person is calculated from the moment of delivery, and of a person in a state of intoxication, from the time of his sobering up.

Detainees are kept in specially designated premises of the bodies specified in Article 27.3 of the Code of Administrative Offenses of the Russian Federation. These may be temporary detention centers or special premises, for example, inside the building of the district police department.

The premises must meet sanitary requirements and exclude the possibility of unauthorized abandonment.

Minors subject to administrative detention must be kept separately from adults.

Administrative Responsibility: Video

192. The basis for administrative detention, that is, short-term restriction of the freedom of an individual, is the need to ensure the correct and timely consideration of a case of an administrative offense, the execution of a decision in a case of an administrative offense to impose an administrative penalty in the form of administrative arrest * (121).
The detention of an individual is carried out on the grounds and in the manner established by the Federal Law “On Police” * (122).

193. To carry out administrative detention, a person is taken to the duty station of a department or internal affairs body, to a stationary traffic police post, which has a specially designated room for holding detainees.

194. The detained person, as soon as possible, but no later than three hours from the moment of detention, is given the opportunity to make one telephone conversation in order to notify close relatives or close persons about his detention and location. At the request of the detained person, such notification may be made by an officer.
The right to a telephone conversation is not granted and notification is not carried out in the cases specified in Part 11 of Article 14 of the Federal Law “On the Police”.

195. His parents or other legal representatives must be immediately notified of the administrative detention or detention of a minor.

196. The military commandant’s office or military unit in which the detainee is undergoing military service (military training) is immediately notified of the administrative detention of a serviceman or citizen called up for military training, and of the administrative detention of another person specified in Part 1 of Article 2.5 of the Code ( employees of internal affairs bodies, bodies and institutions of the penal system, the State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities with special ranks) - the body or institution in which the detainee serves.
Information about changes: By Order of the Ministry of Internal Affairs of the Russian Federation dated August 13, 2012 N 780, this appendix was supplemented with clause 196.1

196.1. If a foreign citizen or national of a foreign state is detained by an employee, measures are taken to notify the embassy (consulate) of the relevant state.

197. A person detained on the grounds provided for by the Code is explained his rights and obligations provided for by the Code, about which a corresponding entry is made in the protocol on administrative detention.
A person detained on the grounds provided for by the Federal Law “On Police” is explained the reason and grounds for detention, as well as his right to legal assistance, the right to the services of an interpreter, the right to notify close relatives or close persons about the fact of his detention, the right to refuse giving explanations.

198. An appropriate protocol * (123) is drawn up regarding administrative detention, detention, which indicates the date, time and place of its preparation, position, special rank, surname and initials of the employee who compiled the protocol, information about the detained person, date, time, place, grounds and motives for detention, as well as the fact of notification of close relatives or close persons of the detained person.

199. The protocol on administrative detention is signed by the officer who compiled it and the detained person. If the detained person refuses to sign the protocol, a corresponding entry is made in the protocol on administrative detention. A copy of the protocol on administrative detention is handed over to the detained person, and is also sent to the information support unit of the territorial body of the Ministry of Internal Affairs of Russia at the regional level for the formation of a register of persons subject to detention.

200. Before sending a detained person to a special premises, the officer on duty or an employee authorized to carry out administrative detention organizes (conducts) a personal search and search of the detained person’s belongings in accordance with paragraphs 165-172 of these Administrative Regulations.

Before being placed in a specially designated premises, a person detained on the grounds provided for by the Federal Law “On Police”, and after the end of the period of detention, any detained person is subject to an inspection, the results of which are entered into the protocol on administrative detention.

201. The period of administrative detention of a person is calculated from the moment of delivery, and of a person in a state of intoxication, from the time of his sobering up. The period of administrative detention should not exceed three hours, with the exception of the case of proceedings on an administrative offense that entails administrative arrest as one of the administrative penalties, when the person in respect of whom the proceedings are being conducted may be subjected to administrative detention for a period of not more than 48 hours.

The period of detention of a person is calculated from the moment of actual restriction of his freedom of movement and cannot be more than 48 hours.