67. The order and tactical actions of police officers during the personal search of citizens.

The concept of personal search is disclosed in Art. 27.7 of the Code of Administrative Offenses of the Russian Federation, according to which a personal search, an inspection of things is an examination of things, carried out without violating the constructive integrity, and belongs to the group of measures of administrative coercion. This means that a person can be subjected to a personal search or the search of things with him, regardless of the wishes of the person being searched, that is, forcibly. At the same time, personal search can be both an administrative preventive measure and a measure of administrative procedural support.

Personal search as a measure of administrative prevention is aimed at preventing citizens from committing any actions that may lead to an accident, emergency or prevention, detection, suppression of crimes and administrative offenses. Unlike a personal search as a measure of administrative and procedural support, it is not associated with an already committed offense and has a pronounced preventive nature. This is an examination of citizens in airport, before sports events, etc. In this case, the basis for conducting a personal search will be the established flight rules, etc. Any documenting of a personal search in such cases is not expected, except for cases of detection of crimes or administrative offenses during the inspection.

Personal inspection- this is not the only action during which police officers examine a person's clothing. It is necessary to distinguish body searches from similar activities such as house searches and body searches. Items found during the search are entered into the personal search protocol with an indication of their identification characteristics. Avoid specifying the intended material, replacing them with definitions in which there is no doubt. For example, a watch made presumably of gold is described as a watch with a yellow metal case. The number of banknotes is indicated not only in the amount, but also in the denomination of the banknotes. Discovered items that may have value as evidence for a committed administrative offense or a criminal offense detected during the inspection are packed in such a way as to exclude the case of their loss or substitution. Packaged items are sealed with a seal for packages, which is certified by the signature of the person conducting the search, and the signatures of attesting witnesses in whose presence the search was carried out.

At the end, the person conducting the search, in the presence of the attesting witnesses and the person being searched, reads the protocol aloud and, having made sure that no statements and additions have been received from the attesting witnesses or the person being searched, makes an appropriate entry in the protocol.

Personal inspection, inspection of things held by an individual, are carried out by officials specified in Art. 27.2, 27.3 of the Administrative Code of the Russian Federation. That is, by officials authorized to deliver, arrest. This provision is contained in Part 2 of Art. 27.7 of the Administrative Code of the Russian Federation. The following inspection procedure is envisaged:

Explain to the person the grounds for the administrative search.

Offer the person to present documents, things and other items that are an instrument of committing an administrative offense or the subject of an administrative offense.

Body searches are carried out by a person of the same sex.

Invite two attesting witnesses who meet the following conditions:

one sex with the person being searched;

adults;

not interested in the case;

in a sober state;

sane;

are not part of the search order.

Inspection should be carried out in a room that excludes access by strangers and meets the rules of sanitation and hygiene.

During the inspection, ensure:

the security of the person being searched;

health;

personal dignity;

a prohibition on the collection, storage, use and dissemination of information about a person's private life without his consent, with the exception of cases provided for by federal law.

Inspection of things held by an individual should be carried out in the presence of 2 attesting witnesses. At the same time, the inspection of things held by an individual (carry-on luggage, luggage, hunting and fishing tools, obtained products and other items) is carried out by authorized officials.

In exceptional cases, if there are sufficient grounds to believe that a natural person has weapons or other items used as weapons, a personal search, an inspection of things held by a natural person can be carried out without attesting witnesses (this provision is contained in part 4 of Art. 27.7 of the Administrative Code of the Russian Federation).

If necessary, photographing and filming, video recording, and other established methods of fixing material evidence are used, about which an entry is made in the inspection protocol.

A protocol is drawn up on personal search, examination of things in the possession of an individual, or a corresponding entry is made in the protocol of delivery or in the protocol of administrative detention.

Withdraw material evidence of an offense.

The fact of the seizure of objects, things, documents should be drawn up in an administrative protocol of seizure in 2 copies (one should be given to the person subjected to the search) or make an entry in the protocols.

The documents drawn up and the seized, and, if necessary, the examined person, should be delivered to the police station on duty.

The examination of a woman should be carried out by a woman. A suspected woman can be handcuffed until a police officer arrives. The exceptions are cases when it is known for sure that the searched person may carry out an armed attack (for example, a woman is suspected of committing or preparing a terrorist act).

Starting the inspection, you should quickly feel the pockets, sleeves, belt from the outside in order to remove weapons and other items of attack. It is recommended to check the detained person from the right and then from the left side.

Then, from top to bottom, carefully examine the headdress, outerwear, coat, jacket, trousers, and shoes of the examined person. If necessary, you can offer him to unbutton his coat (remove). You should carefully feel the body and clothing, since one touch is not enough to find the hidden one.

The search for weapons is carried out primarily in traditional places of wearing: under the arms, around the waist, in the pockets of clothes. Then examine the hair, forearm, back (between the shoulder blades), palms, crotch, belt area (the belt itself may be a weapon, and its buckle is actually a knife handle), etc. dress for their additional inspection.

Inspect clothing and shoes with care so as not to injure your hands with a razor, razor, awl and other sharp objects.

When identifying, probing suspicious objects, it is advisable to remove them from clothing in the presence of attesting witnesses, with the aim of their subsequent use as material evidence. Remove suspicious objects from pockets by turning the lining inside out. You should not allow those being examined to get things out of their pockets themselves. A ballpoint pen can be a stabbing or shooting weapon.

In some cases, when there is reason to believe that the instruments of crime may be carefully disguised in household items, jewelry (in fountain pens, walking sticks, umbrellas, rings, lighters, shoes) or attached with an elastic band to clothing or body, the inspection should be carried out especially carefully.

Carefully examine the parts of the body, sealed with a plaster, tied with a bandage, with a plaster cast applied. Cutting objects, files, wires for opening handcuffs, drugs, jewelry, money, etc. can be hidden under medical dressings. It is advisable to involve a doctor to examine the dressings.

If weapons or other prohibited items are found that are material evidence of an offense, do not stop the inspection, since the offender may have several items of weapons.

Make an entry about the inspection in the report, where it is necessary to indicate in detail what was discovered and to whom the discovered things, documents, valuables were transferred. If nothing was removed, a corresponding record is made in the report.

During the inspection, it is necessary to carefully examine (feel) all the clothes of the detainee. Experienced criminals specially prepare their clothes to hide prohibited items.

Places of shelter for prohibited items may be:

1. Clothes: pockets, camouflage pockets in sleeves, on the back, in the hem of the garment, under the lining, in the collar, under the collar, in or under hats, in shoes, under the insole, in heels, etc.

2. On the body: in special belts with pockets, in reinforced bags, in flat flasks with special reinforcements, in natural body cavities, under bandages, including bloody bandages, etc.

3. In things: in secret pockets, in a double bottom, in walls, in a lid, in thermoses, in milk bags, in books (between specially cut sheets), etc.

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

2. Personal inspection, inspection of things held by an individual, shall be carried out by officials specified in Articles 27.2, 27.3 of this Code.

3. Personal search is carried out by a person of the same sex with the person being searched in the presence of two attesting witnesses of the same sex.

Inspection of things held 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 attesting witnesses or with the use of video recording.

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

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

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

7. In the protocol on personal search, inspection of things held by an individual, an entry is made on the use of photography and filming, other established methods of fixing material evidence. Materials obtained in the course of a personal search, inspection of things held by an individual, using photography and filming, other established methods of fixing material evidence, are attached to the corresponding protocol.

8. The protocol on personal inspection, inspection of things held by a natural person is signed by the official who drew it up, the person in respect of whom the administrative offense case is being conducted, or by the owner of the things subjected to inspection, by attesting witnesses in the event of their participation. If the person in respect of whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry shall be made in it. A copy of the protocol on personal search, inspection of things held by an individual is handed over to the owner of the things that have been examined, at his request.

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

Administrative Offenses Code

Article 27.7. Personal search, inspection of things in the possession of an individual

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

2. Personal inspection, inspection of things held by an individual, shall be carried out by officials specified in Articles 27.2, 27.3 of this Code.

3. Personal search is carried out by a person of the same sex with the person being searched in the presence of two attesting witnesses of the same sex.

Inspection of things held 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 attesting witnesses or with the use of video recording.

(as amended by Federal Laws of 03.12.2008 N 250-FZ, of 14.10.2014 N 307-FZ)

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

(as amended by Federal Law of 08.12.2003 N 161-FZ)

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

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

7. In the protocol on personal search, inspection of things held by an individual, an entry is made on the use of photography and filming, other established methods of fixing material evidence. Materials obtained in the course of a personal search, inspection of things held by an individual, using photography and filming, other established methods of fixing material evidence, are attached to the corresponding protocol.

(as amended by Federal Law of 14.10.2014 N 307-FZ)

8. The protocol on personal inspection, inspection of things held by a natural person is signed by the official who drew it up, the person in respect of whom the administrative offense case is being conducted, or by the owner of the things subjected to inspection, by attesting witnesses in the event of their participation. If the person in respect of whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry shall be made in it. A copy of the protocol on personal search, inspection of things held by an individual is handed over to the owner of the things that have been examined, at his request.

New edition of Art. 27.7 of the Administrative Code of the Russian Federation

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

2. Personal inspection, inspection of things held by an individual, shall be carried out by officials specified in Articles 27.2, 27.3 of this Code.

3. Personal search is carried out by a person of the same sex with the person being searched in the presence of two attesting witnesses of the same sex.

Inspection of things held 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 attesting witnesses or with the use of video recording.

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

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

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

7. In the protocol on personal search, inspection of things held by an individual, an entry is made on the use of photography and filming, other established methods of fixing material evidence. Materials obtained in the course of a personal search, inspection of things held by an individual, using photography and filming, other established methods of fixing material evidence, are attached to the corresponding protocol.

8. The protocol on personal inspection, inspection of things held by a natural person is signed by the official who drew it up, the person in respect of whom the administrative offense case is being conducted, or by the owner of the things subjected to inspection, by attesting witnesses in the event of their participation. If the person in respect of whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry shall be made in it. A copy of the protocol on personal search, inspection of things held by an individual is handed over to the owner of the things that have been examined, at his request.

Commentary on Article 27.7 of the Code of Administrative Offenses of the Russian Federation

1. The commented article explains the procedure for carrying out two measures of administrative coercion: personal inspection (that is, direct inspection of an individual) and inspection of things held by an individual. In both cases, the purpose of the inspection is to detect the instruments of committing or objects of an administrative offense. Personal search and search of things held by an individual should be distinguished from a search carried out in accordance with Art. 184 of the Criminal Procedure Code of the Russian Federation.

2. Personal inspection and inspection of things held by an individual may be carried out by the same officials who have the right to carry out administrative detention and delivery. In practice, searches usually accompany these procedural measures.

3 - 4. The requirement for the obligatory presence of two attesting witnesses serves as a guarantee of compliance with the law during the inspection. Personal search and search of things in the absence of attesting witnesses may be carried out only in cases where there are sufficient grounds to believe that a natural person has weapons or other items used as weapons.

5. Since the instruments and objects of an administrative offense are material evidence in a case of an administrative offense, it is permissible to use the methods of fixing material evidence provided for by Art. 26.6 of the Administrative Code.

6 - 8. The Code provides for three options for fixing the fact of the inspection: 1) drawing up the inspection protocol; 2) making a record of the inspection in the delivery protocol; 3) making an entry on the conduct of the search in the protocol on administrative detention.

Another commentary on Art. 27.7 of the Code of Administrative Offenses of the Russian Federation

1. In the conduct of personal search and inspection of things, guarantees of legality must be observed, since the application of these measures is associated with the restriction of the constitutional rights of citizens to personal inviolability (part 1 of article 22 of the Constitution of the Russian Federation) and the right to own, use and dispose of property (part 2 Article 35 of the Constitution of the Russian Federation).

2. Legality in the application of inspection is ensured by the following guarantees:

the search is carried out only in connection with the offense and for the purposes prescribed by law;

only authorized persons specified in the Code of Administrative Offenses of the Russian Federation can carry out an inspection;

the inspection must be preceded by an offer to the person who committed the offense to present documents, things or other items that were the instrument of the commission or the subject of the offense, confirming the identity of the offender;

personal search is carried out by a person of the same sex as the person being searched, in specially designated rooms that meet the requirements of sanitation and hygiene. A body search is carried out in the presence of two attesting witnesses of the same sex. During a personal search, safety and health, personal dignity, safety of the information received concerning the identity of the person being searched must be ensured;

inspection of things that are with 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 attesting witnesses. In exceptional cases, if there are sufficient grounds to believe that a natural person has weapons or other items that can be used to harm the life and health of other persons, personal searches, searches of things held by a natural person may be carried out without attesting witnesses. When inspecting things, their safety and presentation must be ensured;

the performance of a personal search, examination of things held by an individual must be documented in a protocol or a corresponding entry in the protocol of delivery or in the protocol of administrative detention.

• Up

ST 27.7 of the Code of Administrative Offenses of the Russian Federation

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

2. Personal inspection, inspection of things held by an individual, shall be carried out by officials specified in Articles 27.2, 27.3 of this Code.

3. Personal search is carried out by a person of the same sex with the person being searched in the presence of two attesting witnesses of the same sex.

Inspection of things held 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 attesting witnesses or with the use of video recording.

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

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

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

7. In the protocol on personal search, inspection of things held by an individual, an entry is made on the use of photography and filming, other established methods of fixing material evidence. Materials obtained in the course of a personal search, inspection of things held by an individual, using photography and filming, other established methods of fixing material evidence, are attached to the corresponding protocol.

8. The protocol on personal inspection, inspection of things held by a natural person is signed by the official who drew it up, the person in respect of whom the administrative offense case is being conducted, or by the owner of the things subjected to inspection, by attesting witnesses in the event of their participation. If the person in respect of whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry shall be made in it. A copy of the protocol on personal search, inspection of things held by an individual is handed over to the owner of the things that have been examined, at his request.

Commentary on Art. 27.7 of the Code of Administrative Offenses of the Russian Federation

1. In part 1 of the commented article, the legal definition of such an interim measure as personal search, inspection of things held by an individual is enshrined - this is an examination of things carried out without violating their constructive integrity. Personal belongings held by an individual may include hand luggage, luggage, hunting and fishing tools, obtained products and other items. Also, the legislator has established the private purposes of its application - if necessary, in order to detect the instruments of committing or objects of an administrative offense.

At the same time, along with the measures to ensure the proceedings in the case of an administrative offense, there are also different preventive measures as a kind of measures of administrative coercion. At the same time, preventive measures are applied regardless of the commission by a person of an administrative offense, in order to ensure safety.

For example, the provisions of paragraph 2 of Art. 11 of the Federal Law of 21.07.1997 N 118-FZ "On bailiffs", establishing the right of the bailiff to inspect the belongings of persons who are in the buildings (premises) of courts, if there is reason to believe that these persons have with them posing a threat to the safety of others objects, substances and means, and the right not to admit into the building, the court premises of persons who have weapons, ammunition, explosives, explosive devices and other objects, substances and means that pose a threat to the safety of the surrounding objects, are aimed at ensuring the established procedure for the activities of courts, as well as the rights of citizens to protection of life and health. These measures are of a precautionary nature and are not related to bringing to public responsibility the persons in respect of whom they are applied (see Determination of the Constitutional Court of the Russian Federation of May 28, 2013 N 780-O "On refusal to accept for consideration the complaint of Irina Anatolyevna Blagodatskikh on violation of it constitutional rights in parts 1 and 3 of Article 27.7 of the Code of Administrative Offenses of the Russian Federation and the provisions of paragraph 2 of Article 11 of the Federal Law "On Bailiffs").

Is performed by a person of the same sex as the person being searched;

It is carried out in the presence of two witnesses of the same sex (when applying measures of administrative coercion, by virtue of part 3 of article 1.6 of the Code of Administrative Offenses of the Russian Federation, decisions and actions (inaction) that humiliate human dignity are not allowed).

Please note: in exceptional cases, if there are sufficient grounds to believe that a natural person has weapons or other items used as weapons, a personal search, search of things that are with an individual can be carried out without witnesses.

Inspection of things carried by an individual (carry-on luggage, luggage, hunting and fishing tools, obtained products and other items) is carried out in the presence of two attesting witnesses or using video recording. Thus, the fact of the performance of procedural actions (except for a personal search) can be either certified by the signatures of attesting witnesses in the corresponding protocol, or recorded using video recording means. The choice between the involvement of attesting witnesses or the use of video recordings is made by an official authorized to draw up an appropriate protocol, taking into account specific circumstances.

From the analysis of the commented article, it follows that this interim measure is of a short-term and immediate nature, in connection with which it is not required to obtain the consent of the person to whom it is applied.

If necessary, photography and filming can be used, other established methods of fixing material evidence, but their use is not mandatory.

3. A protocol is drawn up about personal search, examination of things held by an individual, or a corresponding entry is made in the protocol of delivery or in the protocol of administrative detention.

4. In parts 6 - 8 of the commented article, the requirements for the content of the protocol on personal search, inspection of things held by an individual are determined. Materials obtained using photography and filming, video recording, and other established methods of fixing material evidence must be attached to the corresponding protocol (on delivery, on personal search or on administrative detention).

If the person in respect of whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry shall be made in it.

A copy of the protocol on personal search, inspection of things held by an individual is handed over to the owner of the things that have been examined, at his request. The right to receive a copy of the protocol must be clarified by the official who drew up the protocol, along with other procedural rights listed in Art.