1. Personal search, search of things on hand individual, that is, an examination of things carried out without violating their structural integrity is carried out, if necessary, in order to detect the instruments or objects of an administrative offense.

2. Personal search and search of things in the possession of an individual are carried out by officials specified in Articles 27.2, 27.3 of this Code.

3. A personal search is carried out by a person of the same sex as the person being searched in the presence of two witnesses of the same sex.

Inspection of things carried by an individual (carry-on luggage, luggage, hunting and fishing tools, obtained products and other items) is carried out by authorized officials in the presence of two witnesses or using video recording.

4. B exceptional cases in the presence of sufficient grounds to believe that an individual has weapons or other items used as weapons, a personal search or search of things on the individual may be carried out without witnesses.

5. If necessary, photography, filming, and other established methods of recording are used physical evidence.

6. A protocol is drawn up about a personal search, search of things that are with an individual, or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention. The protocol on a personal search, examination of things in the possession of an individual, indicates the date and place of its preparation, position, surname and initials of the person who compiled the protocol, information about the individual subjected to personal search, the type, quantity, and other identifying characteristics of things , including the type, brand, model, caliber, series, number, other identification features of the weapon, the type and quantity of ammunition, the type and details of documents found during the inspection and carried by the individual.

7. In the protocol on a personal search, search of things in the possession of an individual, an entry is made about the use of photography, filming, and other established methods recording material evidence. Materials obtained during a personal search, examination of things in the possession of an individual, using photography and filming, and other established methods of recording material evidence, are attached to the corresponding protocol.

8. The protocol on personal search, search of things in the possession of an individual is signed official, who compiled it, the person against whom proceedings are being conducted in the case of administrative offense, or the owner of the things subjected to inspection, witnesses in the event of their participation. If the person against whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry is made in it. A copy of the protocol on the personal search, the search of things in the possession of an individual, is handed over to the owner of the things subjected to search, at his request.

Comments to Art. 27.7 Code of Administrative Offenses of the Russian Federation

1. Part 1 of this article reveals the content of the concepts “personal search”, “inspection of things carried by an individual” as an examination of things carried out without violating their structural integrity. It is emphasized that a personal search and search of things on an individual are carried out in order to detect the instruments or objects of an administrative offense.

In this regard, it is necessary to distinguish personal search as a measure to ensure proceedings in a case of an administrative offense ( procedural measure) from coercive measures, not related to administrative offenses, carried out on the basis of the provisions of Part 3 of Art. 55 of the Constitution of the Russian Federation. Thus, in accordance with federal laws, the powers of a number of officials are established to apply coercive measures against a citizen, regardless of whether the latter has committed an administrative offense or crime. For example, according to Air Code of the Russian Federation to participate in pre-flight and post-flight inspection of passengers, baggage, including items carried by passengers, crew members, and aviation personnel civil aviation, on-board aircraft supplies, cargo and mail, employees of internal affairs bodies in transport are involved (Article 85). Article 11 Federal Law dated March 6, 2006 N 35-FZ “On Countering Terrorism” (as amended and additionally) provides for the right of persons conducting a counter-terrorism operation to carry out when passing (driving) into the zone of such an operation and when exiting (departing) from the specified zones: personal search of citizens, search of things on them, search of vehicles and things carried on them, including using technical means. Similar provisions are provided for in Art. 12 Federal constitutional law dated May 30, 2001 N 3-FKZ "On state of emergency"(as amended and additionally), Article 50 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological welfare of the population" (as amended and additionally) and the norms of some other laws. Despite the similarities the above-mentioned coercive measures with measures to ensure proceedings in a case of an administrative offense, their identification is not possible, since the former are designed to provide immediate protection public interests citizens of the Russian Federation in the field of security, and the latter are directly related to facts of unlawful behavior.

2. This article establishes exhaustive list officials authorized to conduct a personal search, including officials authorized to carry out delivery (Article 27.2) and administrative detention (Article 27.3).

3. From the standpoint of respect for the rule of law, protection of human and civil rights and freedoms great importance there is a provision in this article on conducting an inspection with the participation of two witnesses of the same sex as the person being examined. The right to conduct a personal search in exceptional cases without the participation of witnesses is due to the need to ensure the personal safety of persons authorized to conduct a personal search, as well as other citizens. When conducting a personal search, the safety and personal dignity of the person being searched, as well as the rules of sanitation and hygiene, must be ensured.

4. When applying Part 5 of the commented article, it is necessary to take into account the provisions of Art. Art. 26.2, 26.6 - 26.8 of the Code.

5. It is very important for the subsequent decision on a case of an administrative offense to strictly comply with the provisions of Parts 6 and 7 of this article. If things and documents are confiscated during a personal search, a record of such confiscation must be made in the protocol on its conduct. When drawing up a protocol on the inspection, it is also necessary to take into account the provisions of clause 2, part 4, art. 28.1 of the Code.

One of the guarantees from illegal conduct inspection is served by the provision of delivering a copy of the protocol on the personal search and inspection of things to the owner of the things subjected to inspection.

6. The provisions of the commented article on personal search should be distinguished from investigative actions - personal search, carried out in accordance with Art. 184 Code of Criminal Procedure of the Russian Federation.

On what basis can a personal search be carried out?

In accordance with Art. 27.7 of the Code of Administrative Offenses of the Russian Federation, personal search, as well as search of the belongings of an individual, is interim measure, which is used to detect instruments or objects of an administrative offense. It is indicated that such actions are carried out “if necessary.” In other words, if there are sufficient grounds to believe that, for example, a person is in a state of drug intoxication V public place(Article 20.20 of the Code of Administrative Offenses of the Russian Federation) and carries out illegal possession transportation or transfer of narcotic drugs (part 3 of article 48 of the Federal Law “On narcotic drugs And psychotropic substances"), there will be an inspection legal measure ensuring order.

Sufficiency of grounds presupposes the availability of information about the event of an administrative offense. This can be understood as both reports from citizens and confirmed by evidence obtained legally, the fact that an act took place, provided for by the Code of Administrative Offenses RF or other regulatory act. This means that if a citizen does not violate public order, does not desecrate public morality in one way or another, that is, does not commit illegal acts, the police officer does not have the right to take measures against him administrative coercion. If the reason for their use was a reference to a person suspected of committing a crime, the citizen has the right to familiarize himself with it, since the law obliges the police officer to report the reason and purpose of the appeal. If the parameters of the suspect and of this person, it has the right to appeal misconduct policeman.

In what order is the inspection carried out?

The Law “On the Police” obliges the police officer applying administrative coercive measures to inform the citizen of the reason and grounds for applying such measures, as well as the rights and obligations arising in connection with this (clause 2, part 4, article 5 of the Law). The procedure and rules in accordance with which the inspection must be carried out are set out in Article 27.7 of the Code of Administrative Offenses of the Russian Federation. The main requirements are that the search must be carried out by a police officer of the same gender as the person being searched, with the participation of two witnesses or using video recording. A protocol is drawn up about a personal search, search of things in the person’s possession, or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention. If video or photographic filming of the search was carried out, this will be recorded in the protocol. special mark. Conducting a search without witnesses is allowed only in exceptional cases when a police officer has reason to believe that a citizen has a weapon.

After drawing up, the protocol is signed by all participants in the procedure. To prevent police officers from distorting the information reflected in the protocol, upon request of a citizen, he must be given a copy of the protocol.

How should documents be checked?

The activities of the police are regulated by the federal law “On Police” dated February 7, 2011 N 3-FZ, departmental regulations And official regulations. Specified documents contain bases various actions which a police officer has the right to commit against a citizen. Verification of identity documents is one of them and can be carried out when:

• there is information from which it follows that the person is suspected of committing a crime or is wanted;
• there is a reason to initiate a case of an administrative offense or grounds for administrative detention;
• a citizen carries out activities, the verification of permits for which is entrusted to police officers (clause 2, part 1, article 13 of the Federal Law of 02/07/2011 N 3-FZ “On the Police”).

The absence of a passport or other identification document in itself cannot be a basis for detention, since the obligation to have a passport established by the Regulations on the Passport of a citizen of the Russian Federation does not mean that he must always carry it with him. Others legislative acts this is also not provided.

When contacting a citizen, a police officer must state his position, surname and present service ID(on demand). Only after completing these actions can he communicate the reason and purpose of his appeal (clause 4, article 5 of the Federal Law of 02/07/2011 No. 3-FZ “On the Police”).

How is administrative detention carried out?

Detention can be carried out according to the rules of Art. 14 of the Law “On Police”, Chapter 12 of the Code of Criminal Procedure of the Russian Federation and Chapter 27 of the Code of Administrative Offenses of the Russian Federation. The circle of persons against whom the police can use this measure, practically unlimited. However, for many categories of citizens it applies until they are transferred to bodies, institutions or officials who are authorized to take appropriate measures. First of all, this applies to military personnel, persons who must serve a sentence, as well as citizens with signs of severe mental disorder.

In Part 1 of Art. 23.3 of the Code of Administrative Offenses of the Russian Federation provides an exhaustive list of administrative offenses for which internal affairs bodies (police) are authorized to consider cases. The purpose of such detention is to prevent a crime, establish the identity of the offender, timely and correct consideration cases or execution of a decision on an administrative offense. Detention on grounds not provided by law, violates the individual’s right to integrity.

By general rule the period of administrative detention cannot exceed three hours. They are calculated from the moment of delivery to Staff only police to establish the identity of a citizen and draw up a protocol on an administrative offense. If the implementation of these actions, as well as the imposition of punishment in the form of a warning or a fine, is possible at the place where the police officer contacts the citizen, then the detention will be illegal. If a citizen is detained in a state of intoxication, the period of detention is calculated from the moment he sobers up. The detainee has the right to one call to relatives to report the detention and his whereabouts, as well as legal protection from the moment of arrest. The conditions of detention of detained persons must meet the requirements approved by the Resolution Government of the Russian Federation dated October 15, 2003 N 627.

How to appeal the actions of a police officer?

In accordance with Art. 33 of the Law “On Police” police officers Those who commit unlawful actions against citizens are held accountable. It is possible to compensate for damage caused, including moral damage, if, when applying administrative coercive measures, decisions were made and actions (inactions) were committed that were degrading human dignity(Article 1.6 of the Code of Administrative Offenses of the Russian Federation). All evidence confirming a citizen’s guilt, if obtained in violation of the law, cannot be used (Part 3 of Article 26.2 of the Code of Administrative Offenses of the Russian Federation).

Article 5 of the Law “On the Police” prescribes the cessation of any activity in relation to a citizen if a legitimate goal is achieved or it turns out that this goal cannot or should not be achieved by limiting the rights and freedoms of citizens. By virtue of Art. 6 of the Law, in his actions, a police officer must be guided only by the norms of the law. If a violation of the law is established, the prosecutor or his deputy issues a resolution on the release of persons illegally subjected to administrative detention on the basis of decisions of non-judicial bodies (Article 22 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office Russian Federation"). Unlawful administrative detention is appealed by an individual in accordance with Chapter 25 of the Code of Civil Procedure.

What to do if the police do not accept a statement?

The refusal of the operational police officer to accept statements about a crime or an administrative offense is a common situation that many have encountered. Often the police try to explain to the applicant that, for example, what was stolen from him mobile phone it will be impossible to find, or that investigators have more important things to do than broken glass and a burnt-out door at the school. Such actions of the police can be appealed, since all statements about a crime or administrative offense are subject to mandatory admission in police departments (Article 12 of the Law “On Police”).

You can write a statement and submit it to the operational duty officer at any time of the day. The employee registers it in the book of registration of statements and reports of crime (KUSP), and in a place free from text puts a stamp, in the impression of which he enters registration number entries in KUSP, date and name territorial body Ministry of Internal Affairs of Russia, your initials, surname and signature.

When the application is registered, a coupon is issued, which consists of two parts: a coupon-stub, which remains at the police department, and a coupon-notification, which is given to the applicant. They have the same registration number (Order of the Ministry of Internal Affairs of Russia dated August 29, 2014 N 736). The notification coupon confirms that the application has been accepted.

If the police refused to accept a statement or report of a crime, then such actions of law enforcement officers can be appealed to the prosecutor’s office (Order of the Prosecutor General’s Office of the Russian Federation dated September 5, 2011 N 277 “On the organization prosecutorial supervision for the implementation of laws when receiving, registering and resolving reports of crimes in the bodies of inquiry and preliminary investigation") or to the department own safety(OSB) at the district police department.

What to do if the police delay the case?

Another common violation is delaying the investigation. The police may accept the statement, but for some reason no investigative actions not to carry out, and then generally refuse to initiate a criminal case. Such actions of law enforcement officers can be appealed under Art. 124, 125 Code of Criminal Procedure of the Russian Federation.

The complaint can be sent to the prosecutor or manager investigative body, who will consider it within three days (in exceptional cases - 10 days). The decision of the inquirer, investigator, head of the investigative body to refuse to initiate a criminal case, to terminate a criminal case, as well as other decisions and actions (inaction) of these employees that violate the rights of citizens to access justice can also be appealed to judicial procedure. The court will check the legality of the actions of authorized employees law enforcement V court hearing with the participation of both parties: the applicant (his legal representative) and the person whose actions are being appealed. The appeal period is five days.

What to do if a police officer demands a bribe?

Unfortunately, police officers not only violate the Code of Criminal Procedure of the Russian Federation, but they themselves often break the law, committing crimes, among which are common: illegal detention and arrest, abuse of power, extortion of bribes, etc. A complaint about unlawful actions of police officers with a request to initiate a criminal case against them can be filed with the department of personal security (OSB) at the district police department, the department of personal security (USB) of a subject of the Federation and the department of personal security (DSB) of the Ministry of Internal Affairs.

Appeals about illegal acts committed by employees are registered in the order established by the Instructions, approved by Order of the Ministry of Internal Affairs of Russia dated September 12, 2013 No. 707 “On approval of the Instructions on organizing the consideration of citizens’ appeals in the system of the Ministry of Internal Affairs of the Russian Federation”, and are considered in accordance with regulatory legal acts Ministry of Internal Affairs of Russia - Order of the Ministry of Internal Affairs of Russia dated March 26, 2013 No. 161 “On approval of the Procedure for carrying out internal audit in the bodies, organizations and divisions of the Ministry of Internal Affairs of the Russian Federation."

If we're talking about about corruption or personal interest of police officers that is incompatible with an objective investigation, then such information is subject to mandatory review by the internal security units of the Ministry of Internal Affairs.

In addition, do not forget that the person affected by illegal actions police officers, has the right to compensation for damage caused in accordance with Art. 1070 of the Civil Code of the Russian Federation.

Based on materials from the site "9111ru"

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Despite the similarity of the names, legally the search and inspection of a vehicle are completely different procedures. But drivers and ordinary citizens this is often overlooked special significance. What is vehicle inspection and inspection? What's the difference between them? What grounds might a traffic police officer have for carrying them out? Who can perform these procedures and under what conditions? A detailed explanation of these concepts, their differences, as well as answers to many questions will be presented in today's article.

What should you do if a traffic police inspector asks you to demonstrate something in your car?

First of all, in order to understand the difference between inspection and inspection of a car, it is necessary to give an example of a situation that can arise with absolutely any driver when driving a vehicle.

A traffic police inspector brakes a passing car for a routine document check: driver's license, insurance and STS. Every driver is most likely ready for such actions by a traffic police officer. But what to do if suddenly a traffic police officer asks you to open the glove compartment or trunk. What should you do if employees say they need to inspect the hood? The driver is not obliged to comply with all requests of the traffic police inspector, including demonstrating his belongings and opening everything at his request, and it does not matter where he stopped the vehicle for inspection - in the city, on the highway or on a country road.

Without proper registration, an inspector does not have the right to demand to show what is in the trunk or glove compartment, or to open the doors of the car. But the driver needs to lift the hood without any obstacles so that the traffic police officer can check the number indicated in the STS and the number on the body. In all other cases, the traffic police officer attempts to carry out an inspection. And this procedure has its own characteristics. And in order to understand how an inspection differs from a vehicle inspection, you need to analyze both procedures in more detail.

Vehicle inspection

An inspection is only a visual examination of the car, i.e. A traffic police inspector can inspect the visible parts of the vehicle to verify the license plate or register the car. In the case of a simple inspection, the driver can offer to look into the car through the side windows of the doors so that the employee can inspect the internal contents. But he should not touch anything with his hands and ask the driver to get out of the car or show him anything.

The driver can sit in the car and not interfere with its inspection even at the moment when it is necessary to open the hood. When checking the numbers in documents and under the hood, if the body number is dirty, asking the driver of the vehicle to wash it is also illegal. If you remember, when registering a car, when the state technical inspection TS, none of the traffic police officers asks the driver to demonstrate the contents of the car. As a rule, no documents are issued after the inspection. In the example under consideration, the employee asked to show the contents of the car, more precisely, the trunk and glove compartment. If such demands appear from the traffic police inspector, then in this situation it is necessary to boldly demand to draw up a protocol, call two witnesses to carry out this procedure, or ask to record everything on a video recording device.

If a traffic police officer begins to claim that this is not an inspection, but an ordinary inspection, you should not listen to him, he is telling a lie. From the above, it becomes clear that the differences between inspection and search are very significant. However, if the driver refuses to be examined for any reason, the traffic police inspector has the right to subsequently conduct a full inspection, not forgetting about the rules for conducting it with all necessary registration documents. The main thing for the driver to remember is that when asked by a traffic police officer to show the contents of a stopped car, this is not an inspection, but a search.

Car search

Vehicle inspection is a type of inspection in which the contents of the vehicle are examined in detail. When it is carried out, a protocol is drawn up and at least two disinterested witnesses (necessarily adults) must be present. However, the law also provides for another situation, when an inspector, when conducting an inspection of a vehicle, must record all his actions on video. In this case, the inspection of the car can only be carried out in the presence of the owner.

The traffic police inspector should not touch anything with his hands, but when asked, the car owner must open both the glove compartment and trunk, or even move some thing away. IN otherwise the officer conducts a search, and only a court can give permission for it.

Once you understand the difference between an inspection and a vehicle search, you can evaluate the legality of the actions of traffic police inspectors.

If you demand to show a fire extinguisher (first aid kit), you also need to ask for a protocol, the involvement of witnesses or video recording. If a traffic police officer does not draw up a report and is not busy looking for witnesses, then he is unlawfully detaining you, which you can safely report to him.

Grounds for inspection and inspection of vehicles

The traffic police officer must have certain reasons for inspection and inspection of vehicles.

For inspection:

• Orientation towards a stopped car.
• The cargo does not correspond to what was stated in the documents.
• Verification of the body number of the stopped vehicle and the number in the STS.
• Operation of the vehicle is prohibited due to any breakdown.

For inspection:

• Administrative violation on the part of the driver driving the car.
• Information about suspected transportation of prohibited items - military weapons, drugs, etc.

The inspection is carried out in the presence of the person driving the vehicle or the person accompanying the transported cargo. During this procedure, the structural integrity of the inspected vehicle should not be compromised.

As it became clear, there is a noticeable difference between inspection and inspection of a car, and every driver should know it. Drivers and ordinary citizens must exercise their rights. Unscrupulous employees may be cunning and try to pass off the inspection procedure as an inspection and carry it out in an inappropriate manner. What else should you know? In addition to search and examination, there is another procedure called a search. It differs significantly from the above-mentioned manipulations of a traffic police officer. A search is a more serious check, which only a court can give permission for. If the inspector himself tries to grope for something and opens the luggage in the car, then this is no longer an inspection or search, but a search.

What to do if there is an attempt to search without witnesses?

Of course, you shouldn’t follow the lead of too cunning civil servants. You can protect yourself from unlawful actions by requiring witnesses to be called. If the inspector refuses, then the inspection can also be refused. If the rules are not followed by a traffic police officer, for example, he began an inspection without a protocol or attracting witnesses, then a punishment should be imposed on him, because he exceeded his official powers. You should immediately call 102. It is not recommended to interfere in this situation yourself. It is better to attract witnesses to further testify and start video recording all the actions of the traffic police officer. After the current situation, there will be only 10 days to file a complaint with the prosecutor’s office and the court about the unlawful actions of the traffic police inspector.

Search of a person

It is also necessary to consider an example when the inspector asked to show the contents of the pockets of the driver driving the vehicle, or the passengers of the same car. It should be noted right away that he has no right to demand this either from passengers or from the driver himself, because This is already a personal search and it must be carried out according to slightly different rules. To avoid such unlawful situations, it is worth understanding the concepts of inspection and search of a person.

The Federal Law “On the Police” states that police officers have the right to conduct personal searches and searches of vehicles and things in the possession of citizens if they have information that these people have prohibited things - military weapon, explosives, drugs, poisonous or radioactive substances. The above suspicions are necessary to conduct a personal search.

Inspections have the right to be carried out both by air (planes, helicopters) and water transport(ships, boats, yachts, etc.), on trains and electric trains to seize prohibited items. Therefore, officials from the Ministry of Justice, FSB officers, and drug control officials are allowed to conduct personal inspection and search.

A personal search is an examination of a person, his personal belongings and clothing, in an attempt to detect objects or documents that violate the law. Inspection and inspection of a vehicle have a number of rules for carrying out. Let's look at the second one in more detail.

During a personal search, the inspector draws up a protocol and attracts uninterested witnesses. Very in rare cases the procedure can be carried out without witnesses if there is a suspicion that the person being searched has a weapon. The inspector and witnesses must be of the same gender as the citizen whose inspection is being carried out. If the person being searched is a child, then his child must be present legal representative. The employee must explain the reasons for the procedure to the person whose search will be carried out.

The protocol includes all items of clothing and valuables that the person being searched had. You can also take photos and videos, and this also needs to be documented. When screening, you should disclose any health conditions, such as serious illnesses such as pancreatitis, or pregnancy. To confirm their words, employees can contact medical institutions, where the person being searched is registered. At the request of the person who was searched, police officers must issue a copy of the protocol.

Personal inspection

You also need to know the difference between a search and an inspection. It can be easily explained using the example of a security guard in a store. This is the most obvious example personal examination, which most likely every citizen has encountered, perhaps without even knowing about it. He stands at the exit of the supermarket and must detect unpaid goods, simply put, make sure that people do not steal.

Personal examination is a voluntary procedure that represents external surveillance behind the person. You can refuse it, and you can refuse to show your things too. The guard has no right to touch personal belongings a person can only ask to show them. But he has no right to demand. If the inspector has established the fact of theft by a citizen leaving the store, then he can call the police, and they, in turn, can conduct an inspection. Police officers are empowered to do this.

Baggage check

When searching and inspecting things, they examine hand luggage, baggage and other transported goods. In the baggage inspection protocol, you must indicate everything features things being checked, everyone who was present during the procedure and its results. What is the difference between inspection and search of baggage?

Inspection is a visual check of personal belongings and luggage without violating their integrity. It is often carried out using equipment that scans bags and suitcases. A good example Such inspection of luggage and belongings is scanning at the airport when a person flies somewhere. Things are checked through special apparatus. It has a moving belt on which luggage is placed for inspection, and a specialist sits behind the monitors and examines the contents. During customs inspection, the presence of the owner of the luggage is not necessary, because At the same time, no one opens suitcases and bags.

Baggage inspection is a check that is much more serious than a simple inspection. During this procedure, suitcases and packaging are opened, and the integrity of some things may be compromised. An inspection is carried out only if an offense is suspected, i.e. employees have compelling reasons that prohibited goods are being transported or concealed in order to avoid paying duties. Unlike an inspection, an inspection is carried out only in the presence of the owner of the things or if he was notified but did not come for the inspection. Exceptional situation is a security threat. For this check, there must be two independent witnesses.

Inspection of premises

Article 25 of the Constitution of the Russian Federation provides for the inviolability of residential premises. It is expressly prohibited for persons to enter the home without the permission of the residents. When on someone else's territory can be installed criminal liability. An exception for entering residential premises without the permission of the owners may be judicial authorization or cases established by the Federal Law of the Russian Federation, when it is necessary to protect legitimate interests citizens.

Procedures such as inspection and inspection of premises are the investigation of residential buildings, work offices or accident scenes. It is carried out before the opening of a criminal case, to detect traces of violations or clarify the circumstances of the offense.

A house inspection can only be carried out with the permission of the owner or by court order, and also if the matter is urgent. IN the latter case The investigator must notify the prosecutor and the court within 24 hours.

In what situations can a police officer freely enter private premises without the permission of the owners?

• If there is a threat to the health and life of specific people.
• When detaining persons who have committed or are suspected of committing a crime.
• To prevent crime.
• When determining the circumstances of the accident.

The owner of the inspected premises can always appeal the court decision to higher authorities. If the police came home after neighbors complained, for example, loud music, or to identify persons living without registration, then can only enter with the permission of the owner.

A distinctive feature of the inspection of the premises is that you cannot touch anything, move furniture, open cabinets and cabinets, i.e. search. This is only permitted during a search. If, however, during the inspection, any evidence was searched for, it can later be declared invalid in court.

What is the difference between a search and a premises inspection? There is also no need to initiate a criminal case for inspection. It is carried out on the basis of suspicion of administrative violation. The officer performing the search cannot open the closet or bag himself, but may ask the owner of the premises to do so. He himself should not touch things. If a police officer performing an inspection or search takes things into his hands or opens something, then he is exceeding his authority, and it is necessary to report this to higher authorities. As mentioned above, you can start taking photos and videos illegal actions, but it is not recommended to personally interfere.

Human behavior

I would like to note that you should not follow the example of inadequate drivers who Lately appear on video on the Internet and provoke traffic police officers or police officers to act arbitrarily. Then you won’t have to complain about unlawful actions of law enforcement agencies in order to restore justice. But drivers still need to be on alert if it is obvious that an employee government agencies begins to confuse inspection, inspection or search, confusing the person in respect of whom these procedures are being carried out. It is strongly not recommended to sort things out with a person during execution. In the future, everything conflict situations will have to be settled in court.

And finally. Every person needs to remember that it is necessary to communicate politely with traffic police officers and other government officials, then no one will suffer an unpleasant conflict situation.

Obviously, we are talking here about examining only those things that are worn by an individual and the things that are in these clothes. The content of the inspection of things in the possession of an individual is the inspection of all other things (hand luggage, luggage, hunting tools and fishing, extracted products and other items) that are directly near the person (his vehicle), carried out without violating their structural integrity.

The examination of these items in violation of their structural integrity is not covered by the content of both types of inspection. If this is not covered by the content of another measure state coercion(for the use of which there are legal grounds), then such actions will be illegal.

According to the meaning of the law, if there is a basis in a particular case, it is possible to apply only one of specified types inspection, or their simultaneous use.

A personal search, an examination of things that are in the possession of an individual, should be distinguished from similar measures of state coercion - examination and personal search. A personal search is regulated by the Code of Criminal Procedure of the Russian Federation, is a measure of criminal procedural coercion and can only be carried out within the framework of an initiated criminal case. A personal search, an examination of things carried by an individual, differs from a personal search in content. In accordance with Part 6 of Art. 182 of the Code of Criminal Procedure of the Russian Federation, if necessary, damage to property is allowed during a search; during a personal search and inspection of things, violating the structural integrity of any things is unacceptable. The content of the examination does not consist in examining things, but in examining the human body in order to detect special signs on it, traces of an offense, bodily harm, definitions of any physical condition a person or his other properties and characteristics.

A personal search and search of things in the possession of an individual can only be applied to the owner of the things subjected to search. At the same time, proceedings regarding an administrative offense should be conducted against the owner of these things. The Code presupposes that a person brought to administrative responsibility, and is the owner of the things that are with him and subjected to inspection.

The basis for the use of personal search and search of things in the possession of an individual is the need to achieve the goal of detecting the instruments or objects of an administrative offense.

Determining the presence or absence of the need to achieve this goal in each specific case, the Code refers to the discretion of the law enforcement officer authorized to use both types of inspections.

Thus, the basis for the use of personal search and search of things in the possession of an individual is so broad that it makes the use of the administrative coercion measures in question practically groundless. It is enough only that the person being searched is a person brought to administrative responsibility.

The procedure for carrying out a personal search and examination of things in the possession of an individual is regulated by Part. 2-8 tbsp. 27.7 of the Code. Since in the named parts of Art. 27.7 of the Code, the procedure is prescribed for both types of inspection without highlighting the features of any one of them, we can conclude that the procedure for applying both types of inspection is the same.

Personal searches and searches of things in the possession of an individual are carried out by officials authorized to apply administrative coercive measures such as delivery and administrative detention.

Personal inspection and inspection of things carried by an individual (carry-on luggage, luggage, hunting and fishing implements, obtained products and other items) is carried out by authorized officials in the presence of two witnesses. The Code makes only one exception to this rule. A personal search and search of things on an individual can be carried out without witnesses only in exceptional cases when there are sufficient grounds to believe that the individual has weapons or other items used as weapons. The Code also requires personal searches: additional requirement: the inspector and witnesses must be of the same sex as the person being inspected.

A separate protocol is drawn up on the use of any of the two types of inspection. Instead of drawing up a separate protocol on the search applied, a corresponding entry may be made in the protocol on delivery or in the protocol on administrative detention.

The right of a person brought to administrative responsibility to have a copy of the protocol on a personal search, search of things in his possession (in the event of the use of such coercive measures) corresponds to the obligation of the law enforcement officer to hand over this copy to him at his request.

There are three purposes of personal search and search of things in the possession of an individual. The first two goals specified in Part 1 of Art. 27.7 of the Code. This is the detection of instruments for committing an administrative offense, or the detection of objects of an administrative offense.

The third goal is formulated in Part 4 of Art. 27.7 of the Code. This is the discovery of weapons or other items used as weapons in the possession of a person brought to administrative responsibility. At the same time, the named things may not be instruments for committing an administrative offense, or its subject.

(Administrative Code of the Russian Federation edition 2018-2019)

Code of Administrative Offenses

Article 27.7. Personal search, search of things carried by an individual

1. Personal search, examination of things that are on an individual, that is, an examination of things carried out without violating their structural integrity, is carried out if necessary in order to detect instruments of committing or objects of an administrative offense.

2. Personal search and search of things in the possession of an individual are carried out by officials specified in Articles 27.2, 27.3 of this Code.

3. A personal search is carried out by a person of the same sex as the person being searched in the presence of two witnesses of the same sex.

Inspection of things carried by an individual (carry-on luggage, luggage, hunting and fishing tools, obtained products and other items) is carried out by authorized officials in the presence of two witnesses or using video recording.

(as amended by Federal Laws dated December 3, 2008 N 250-FZ, dated October 14, 2014 N 307-FZ)

4. In exceptional cases, if there are sufficient grounds to believe that an individual has weapons or other items used as weapons, a personal search or search of things on the individual may be carried out without witnesses.

(as amended by Federal Law dated December 8, 2003 N 161-FZ)

5. If necessary, photography and filming, and other established methods of recording material evidence, are used.

6. A protocol is drawn up about a personal search, search of things that are with an individual, or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention. The protocol on a personal search, examination of things in the possession of an individual, indicates the date and place of its preparation, position, surname and initials of the person who compiled the protocol, information about the individual subjected to personal search, the type, quantity, and other identifying characteristics of things , including the type, brand, model, caliber, series, number, other identification features of the weapon, the type and quantity of ammunition, the type and details of documents found during the inspection and carried by the individual.

7. In the protocol on a personal search, examination of things in the possession of an individual, a record is made of the use of photography and filming, and other established methods of recording material evidence. Materials obtained during a personal search, examination of things in the possession of an individual, using photography and filming, and other established methods of recording material evidence, are attached to the corresponding protocol.

(as amended by Federal Law dated October 14, 2014 N 307-FZ)

8. The protocol on a personal search, examination of things in the possession of an individual, is signed by the official who compiled it, the person against whom proceedings are being conducted for an administrative offense, or the owner of the things subjected to search, by attesting witnesses in the case of their participation. If the person against whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry is made in it. A copy of the protocol on the personal search, the search of things in the possession of an individual, is handed over to the owner of the things subjected to search, at his request.