Administrative detention can be appealed by the interested person. Appeal against administrative arrest. Grounds for administrative detention

In the face of impending danger in your locality or the area may be declared a state of emergency. Under these conditions, individual representatives of law enforcement agencies often exceed their official powers, causing moral and physical harm to illegally detained and innocent people. Although in fairness it should be noted that cases of violation of the law by police representatives also occur in peacetime.

The ability to complain about the police, and even more so to bring the matter to completion, is a whole science. It requires a minimum of legal knowledge, a maximum of composure and a little cunning.

When detained, ask to see your service ID. “Sorry, they say, there is no faith in one form now.” Be extremely polite. Say that you are afraid of terrorists and that is why you are rewriting all your IDs. Thus, your main weapon is a notepad and a fountain pen. Very often, when they appear, the conflict ends on the spot.

If you are invited to the department, submit without complaint. You cannot, especially in front of witnesses, say: “I won’t give you a passport”, “I won’t present an ID”, “I won’t go to the department”. Such actions are regarded as malicious disobedience and are punishable by up to 15 days.

You can be detained only if there is one of the following grounds provided for by the Criminal Procedure Code:

If you are caught committing a crime or immediately after committing it;

If eyewitnesses, including victims, directly point to you as the person who committed the crime;

If obvious traces of a crime are found on you or your clothing, on you or in your home.

In addition to criminal procedural detention, there is also administrative detention. Administrative detention, according to the Code of Administrative Offences, is carried out for committing an administrative offense for a period of up to three hours.

(Clause 2, 3 of Article 27.5) The period of administrative detention cannot exceed three hours, except in cases expressly specified in the law. For example, violation of the state border, violation of customs rules, the need to establish identity or clarify the circumstances of an administrative offense. Also, those who have committed an offense, the punishment for which is punishable by administrative arrest for up to 15 days, face a longer period of detention. Such offenses include petty hooliganism (Article 20.1) and being drunk in public places (Article 20.21). In this case, the period of detention may be extended to 48 hours. To avoid the possibility of speculation on the topic of “identification”, I strongly recommend that you make sure in advance of your trip that your passport does not have the “clues” listed in the article “Behavior when contacting police officers.”

Attention! The law says that the period of detention for a person in a state of intoxication is calculated from the time of his sobering up. As you understand, it is impossible to clearly record the moment of sobering up, and in such a case the police have a lot of opportunities to delay the end of the detention period. The very concept of “state of intoxication” is described in a special article by our server.

Firstly, you need to remember that a police officer can detain a person and take him to the police station in a very limited number of cases, namely: if the citizen has committed petty hooliganism; participated in an unauthorized rally; carried out illegal transactions with foreign currency and payment documents; traded from hand in unidentified places; traded goods, the free sale of which is prohibited or limited; resisted a police officer; drank alcohol or appeared in public places in a manner that offends human dignity and public morality. That is, administrative detention is primarily applied to breakers, prostitutes, street drug dealers and other people who significantly complicate the lives of citizens. But there are also exceptions when the vector of philistine life intersects with the vector of criminal life, whether by accident, mistake, negligence or the ill will of a police officer.

You need to know that citizens are brought to the police station only in the following cases (Article 27.1 of the Code of Administrative Offenses of the Russian Federation).

In order to suppress an administrative offense;

Identification 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.

It is also necessary to know that police officers have the authority to draw up protocols only on certain administrative offenses, a list of which is given in Art. 23.3 Code of Administrative Offenses of the Russian Federation.

You have the right to find out from the police officer for what purpose and on what basis he made the decision to take you to the police station.

An authorized person has the right, within the limits of his powers, to apply the following measures to ensure proceedings in a case of an administrative offense:

1) delivery;

2) administrative detention;

3) personal search, search of things;

4) seizure of things and documents.

Delivery (Article 27.2 of the Code of Administrative Offenses of the Russian Federation), that is, forced transmission individual to the police station must be carried out as soon as possible.

A protocol on delivery is drawn up or a corresponding entry is made in the protocol on an administrative offense or in the protocol on administrative detention.

In the language of the law, bringing someone to the police station is called " administrative detention" or " detained on suspicion of committing a crime". In both cases, the person who was detained can use several specific rights: the right to assistance from a professional lawyer; the right not to testify against oneself, one’s family and friends, the right to remain silent. The most reasonable thing a person who is being taken to a police station can do is: call relatives, friends, a lawyer, at least someone who will know his whereabouts. This simple measure is quite effective: firstly, the person who was called will be able to testify to the time of detention, and secondly, he will be able to raise the alarm.

Administrative detention, that is, short-term restriction of the freedom of an individual, can be applied in the exceptional cases listed above. According to Article 27.3 of the Code of Administrative Offenses of the Russian Federation, at the request of a detained person, relatives and a defense attorney are notified of his whereabouts as soon as possible. When you are brought to the police station, you have the right to demand the presence of a lawyer and refuse to give any testimony until his arrival.

The detained person is explained his rights and obligations under this Code, about which a corresponding entry is made in the protocol on administrative detention.

So, the first thing a police officer must do when he delivers a person to the police station is to draw up arrest report. The protocol must indicate: the date and place of its preparation, position, surname, first name and patronymic of the police officer who compiled the protocol; information about the identity of the detainee; time, place, grounds and motives for detention. The motives for detention may be the following: in order to suppress criminal activity, to prevent escape, to deprive the opportunity to interfere with establishing the truth in the case under investigation.

The protocol is signed by the official who compiled it and by the detainee. If the detainee refuses to sign the protocol, a record of this is made in it. At this stage of communication between a person and the police, it is very important that the protocol must be signed by the detainee too. In addition to the right to sign, the detainee has the right to make additions or changes to the protocol. To sign or not to sign the interrogation protocol? Sign. Your signature indicates that you know what you are accused of. In the line “signature of the violator”, cross out the word “violator” and replace it with “citizen”.

You can refuse to sign the protocol, or indicate at the place of signature which circumstances recorded in the protocol you do not agree with. If you do not agree with something, then, depending on what is attributed to you, write: “disagree,” “did not violate,” “did not drink,” etc.

If the protocol states that you were under the influence of alcohol or drugs, do not argue. By law, this fact must be recorded by a doctor. If there is no medical examination report, the lawyer will always challenge such an accusation.

The protocol may contain your explanations regarding the arrest. If you believe that you were detained unreasonably, try to record your opinion in the protocol. Your statements and explanations are given voluntarily, and no one has the right to force you to make them. You may not give them, since from the moment of arrest you are considered a suspect, one of whose rights is that the suspect may not give evidence.

Two things need to be included in the protocol: time of detention or search. It may be inaccurate, incorrect, or missing altogether. It is this document that determines the moment from which the period of detention begins, and subsequently, possibly, the period of your detention, the term of punishment imposed by the court.

When you write explanations or sign the protocol, note, if necessary, that the time of your detention is indicated inaccurately. – and you need to indicate the real time of detention, including the time it took the policeman, to bring a person to separation, i.e. It is very important that the period of detention begins to run from the moment of your delivery and therefore pay special attention to ensure that this time is accurately indicated in the protocol, and also write an important phrase "I have no injuries"- This is a guarantee against torture and beatings. If a citizen is beaten at the police station, the first thing he should do as soon as he manages to leave the station is to go to the nearest clinic and ask the doctor on duty witness the beating, or, if you don’t have the strength to go anywhere, just call an ambulance, wait for it and ask the necessary certificate they have. A certificate of beatings, combined with the treasured phrase in the protocol, provides irrefutable evidence that the person was beaten precisely at the police station.

Make sure that the “Witnesses” section includes those who were nearby at the time of the arrest.

According to the law, detained persons “are kept in specially designated premises of the authorities that carried out the detention.” This should be understood this way: if you behave well, you’ll sit on a chair in the corner, and if the person on duty doesn’t like you in some way, you’re on your way to the “monkey barn.”

During administrative detention, a personal search may be carried out (Article 27.7). In this case, the following rules must be observed: - the search must be carried out only by certain officials, and of the same gender as the detainee; - with the participation of 2 witnesses, from among persons not interested in the outcome of the case; - the room in which the inspection is carried out must meet the requirements of sanitation and hygiene; - during a personal search, the safety and health of the person being examined must be ensured; - the search must be preceded by offers to present documents, instruments of the offense, etc.

In exceptional cases, “if there are sufficient grounds to believe that an individual has weapons or other objects that can be used to cause harm to the life and health of other persons,” a personal search and search of things on an individual may be carried out without witnesses . A protocol is also 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 shall indicate the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the individual subjected to the personal search, the type, quantity, other identifying characteristics of things, the type and details of documents discovered during an inspection and located on an individual. If this is not done and so that you are not robbed at the department, insist, but again politely, on an inventory of the things confiscated from you.

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.

During detention, personal search and inspection of things, officials may confiscate documents and things, but not any, but those that are an instrument or the direct object of an offense (Article 27.10 of the Code of Administrative Offenses of the Russian Federation). In this case, a protocol is drawn up or a corresponding entry is made in the protocols on an administrative offense, on the inspection of things or on administrative detention. The protocol on the seizure of things and documents contains information about the type and details of the seized documents, the type, quantity, and other identifying characteristics of the seized things. The protocol on the seizure of things and documents is signed by the official who compiled it, the person from whom the things and documents were seized, and by witnesses. A copy of the protocol is given to the person from whom things and documents were confiscated, or to his legal representative.

Administrative detention, personal search, search of things and seizure of things and documents can be appealed by an interested person to a higher body (official) or to court (Article 30.1 of the Code of Administrative Offenses of the Russian Federation). Please keep in mind that a complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the decision. If this deadline is missed, the specified deadline, at the request of the person filing the complaint, may be restored by a judge or official competent to consider the complaint. For more information about the procedure for appealing unlawful actions of officials, see the special material on our server.

When conducting a personal search, you can ask whether a criminal case has been filed against you. If a case is not initiated, you can subsequently appeal the actions of the officials who conducted the personal search to the prosecutor's office. When conducting a personal search and all other police actions, the investigator is prohibited from humiliating a person’s dignity. At the same time, you must not disclose to anyone information related to your personal life, discrediting your honor and dignity, and also capable of harming your legitimate interests. Nevertheless, police officers sometimes allow themselves to mock some of the physical disabilities of the person being searched, his manner of dressing, or even his views. There are cases when this is done specifically to provoke a person into retaliatory rudeness, and then use this for administrative detention followed by arrest for 15 days or even the initiation of a criminal case for insulting an official. When choosing a course of action at this moment, it is necessary to take into account the danger of such a turn of events. You, of course, can subsequently appeal all violations of the law during the arrest and search to higher authorities of the Ministry of Internal Affairs or the prosecutor's office.

You should also know that when you are detained, law enforcement officers have the right to photograph you and take your fingerprints.

If, during an arrest or during a search of a house, you notice that “material evidence” was planted on you, under no circumstances touch these things so that your fingerprints and microparticles do not remain on them. Do not come close to these things and objects. Demand that the search report indicate that you consider these things to have been planted. Draw the attention of the witnesses to the attempt to plant some things that do not belong to you, and also to the fact that you demanded that this fact be entered into the protocol. Try to immediately inform the prosecutor about an attempt to plant “evidence” on you.

Never get into a fight with a police officer. They hit you, they pushed you away - all these actions are qualified as “resistance” - an act punishable by criminal law. Duration - up to 5 years.

And now you are in the department. Politely but persistently ask for a detention report. For lack of documents, you can be kept in the department for no more than 3 hours, in a zone of armed conflict or when a state of emergency is declared - until the morning, until your identity is clarified.

After you leave your place of detention, hire lawyers, make an appointment with the prosecutor, look for witnesses.

ADMINISTRATIVE DETENTION

When detained for offenses, you MUST:

demand that a detention report be drawn up;

enter full name into the protocol witnesses;

indicate in the protocol the time of detention;

demand information about your whereabouts to relatives;

after three hours, demand release.

refuse to present documents (punishment - detention for up to 15 days);

provide physical resistance (punishment - arrest for up to 5 years);

threaten representatives of authorities (punishment - arrest for up to 5 years).

Rules of conduct in case of (unexpected) arrest

Not everyone has to deal with such an event as an arrest. However, it is known “from the scrip and from prison - do not swear.” And in our unpredictable, literally in all respects, reality, there is hardly a person who, frozen with horror, would not imagine himself as a victim of monstrous injustice, even of this kind. Is it possible to prepare yourself psychologically for such an event, albeit a very unlikely one?

As in any extreme situation, panic and its opposite state - stupor, numbness - are harmful here.

Anyone who only theoretically admits to himself the possibility of arrest must be firmly committed to reasonable resistance, economy and calculation of forces, to giving out only that information that can be used in his favor. And once and for all, having thought about this, no longer allow yourself to be wasted on something that has no basis.

It's a different matter if there are any grounds for this. If you feel that clouds are gathering, you need to immediately find a lawyer and start consulting with him about your rights and the most reasonable behavior during arrest, interrogation, and search. It would be a good idea to read specialized literature.

Prepare your relatives for a possible event, and agree with them and the lawyer on joint actions and a system of conventional signs (including written ones: grammatical error, missing comma, keyword SOS signal, etc.). More complete information enables more precise actions for both you and those who help you.

Prepare for defense and at the same time come to terms with the possibility of being deprived of your freedom: talk to experienced people, learn as much as possible about life in prison; do not put off the most important things - to see someone, make peace, leave written orders, and so on. Prepare for a completely different lifestyle mentally and physically, even by recharging yourself with vitamins for future use or having a course of dental treatment with a good dentist. To avoid getting lost on these days, when literally “the day feeds the year,” make a to-do list in descending order of urgency.

It is also necessary to prepare things in advance, such as “an officer’s emergency suitcase.” However, it should not be a suitcase or briefcase (this is prohibited), but a bag or duffel bag. Put there a sweater, a tracksuit, a shirt, preferably a flannelette, slippers, two changes of underwear (pants, a T-shirt, warm underwear, socks, plain and warm), handkerchiefs, soap in a soap dish, a comb, a toothbrush, an enamel mug, a wooden spoon, several envelopes, 2-3 ballpoint pens, a notebook, a washcloth, a boiler, a scarf. Don't forget a couple of packs of tea, sugar, unfiltered cigarettes (even if you don't smoke), a spare pair of glasses. Try to take a book or magazines, whatever you don't mind. In your pocket, a couple of boxes of matches, the medicines you use.

The procedures in each temporary detention center (IVS) are different: some may be allowed through, some may not. The season must also be taken into account, of course. All things should be discreet and worn. It would be a good idea to bring at least some money with you before the search. During a search, they will be taken away, but will be placed in your account, and from the very first days you will be able to buy something at the stall. Get ready carefully, say goodbye, take your “alarm backpack”, even if those who come to pick you up say it’s for half an hour.

However, all this is only possible if you are arrested at home. We must keep in mind the situation of arrest in another place, as well as arrest after detention.

If you are placed in a cell by the sole decision of a judge as an administrative arrestee (for example, due to a violation of public order), then the police draw up a report and take explanations from witnesses. Before you are sent to a cell, you are searched, things are confiscated, an inventory is drawn up - all this in the presence of witnesses. If you believe that arbitrariness is being committed against you, inform the witnesses about this and remember their addresses and surnames.

When escorted to a cell, warn that you will be placed with those under administrative arrest, and not with those under investigation or those with previous convictions. Demand that you be familiarized with the regulations regarding administratively arrested persons: you need to know your rights and obligations.

The police must notify relatives or other persons whom you name about your detention within 24 hours. With the permission of the duty officer, you can be given sugar, crackers, lard, and tobacco. They should feed 3 times a day: 2 times tea with bread, 3 times - first, second, tea. When escaping, weapons cannot be used against you.

But the first shot upward, the second - to hit the guard are allowed if the person under investigation is trying to escape. Everything is much more serious here. The accused or suspect is placed in a pre-trial detention center (SIZO). By decision of the body of inquiry (investigation) and with the sanction of the prosecutor.

The suspect can be arrested for no more than 10 days, after which charges must be brought. The accused can be kept in a pre-trial detention center for up to 2 months, but various officials of the prosecutor's office formally have the right to extend this period to one and a half years. There are cases when even after this the case lies motionless in court, and the accused (but not convicted) is in a cell. If possible, this should be combated, but you should not expose yourself to too much risk, because the forces are not equal.

Here are just a few of the most common ones found in various sources: advice on behavior in pre-trial detention centers .

Talk less, listen more.

Don't get involved in someone else's conversation.

Don’t twist your soul, don’t trust.

You can tell a couple of jokes, but you can’t swear, and in general, you need to watch your speech.

Never lie.

To the question: “Why did you get caught?” name the article number.

Do not play cards or dominoes for “interest” or “just because”. The most harmless loss for a “first mover” is unpredictable.

Don't change things.

Don't touch anything that belongs to others. You cannot even take matches from someone else’s pocket, even with the owner’s permission. Only from hand to hand. There are many ways in the cell to use this law provocatively. You can pay for "ratting" - stealing from your own people - with your life.

Maintain cleanliness. Watch your appearance. Wash your hands after using the toilet. Do not use the bucket when someone in the cell is eating and when everyone is listening to the radio. Cleaning up after yourself and in your cell is not humiliating.

Pay more attention to what is happening and what others are doing. Do the same thing as everyone else, even if it seems strange. Don't be greedy, don't please, and don't be afraid of anything.

As already mentioned, arrest and detention require a person to be able to overcome internal panic and sometimes adapt to seemingly unbearable circumstances. You need self-discipline, keen attention and instinct, the ability to analyze, as well as good physical shape, which is important to maintain.

An arrest is usually a tragedy for several people at once. However, relatives and friends of the arrested person have the opportunity to actively help him in various ways. From complaints to the prosecutor to parcels and visits. They should be well aware that for a prisoner any news from home is a holiday.

Therefore, anyone who wants to truly help an arrested person must treat this as their most important task. It is necessary to constantly make it clear to him and the investigation that you will not leave your loved one without help for a minute and will use all your strength.

Appeal against police administrative detention

An appeal against administrative detention is possible both during the consideration of the case of an administrative offense (Article 29.7, Chapter 30 of the Code of Administrative Offenses of the Russian Federation), in connection with which the detention occurred, and later:

If such a case is terminated or was not initiated at all, then the legality of the administrative detention can be appealed through administrative proceedings in accordance with the norms of Chapter. 22 CAS RF (previously - in accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation), by filing with the district court administrative statement of claim on challenging the decisions and actions of police officers to carry out administrative detention (part 1 of article 218 of the CAS RF; paragraph 6, paragraph 7, resolution of the Plenum Supreme Court RF dated 10.02.2009 N 2*(1), decision of the Biysk City Court Altai Territory dated April 22, 2014 in case No. 2-1641/2014). The application is submitted within three months from the date of detention (Part 1 of Article 219 of the Code of Arbitration Code of the Russian Federation);

Regardless of the case of an administrative offense - in ordinary claim proceedings, filing claim for damages(including moral) caused by illegal detention (part 2 of article 27.1 of the Code of Administrative Offenses of the Russian Federation, paragraph 27 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2005 N 5). Damage caused by illegal administrative detention is compensated according to the rules of Part 1 of Art. 1070 of the Civil Code of the Russian Federation, that is, regardless of the guilt of the police and its officials who carried out the illegal detention, although the administrative detention itself is not specified in Part 1 of Art. 1070 Civil Code of the Russian Federation. However, this is precisely the interpretation given by Art. 1070 The Constitutional Court of the Russian Federation in resolution dated June 16, 2009 N 9-P (clause 2 of the operative part). Judicial practice there are quite a lot of cases in this category ( appellate rulings SK by administrative matters Kursk Regional Court dated 02/04/2015 in case No. 33-112/2015, SC for civil cases Sverdlovsk Regional Court dated February 19, 2015 in case No. 33-1463/2015, decision of the Frunzensky District Court of Saratov Saratov region dated 04/02/2015 in case No. 2-78/2015, Yuryev-Polsky District Court of the Vladimir Region dated 09/25/2014 in case No. 2-444/2014, Bor City Court Nizhny Novgorod region dated June 6, 2014 in case No. 2-1075/2014, Oktyabrsky District Court of Belgorod dated July 6, 2012 in case No. 2-2808/2012, Leninsky District Court of Penza, Penza Region dated May 20, 2014 in case No. 2-1855 /14, etc.).

The statement of claim is filed within the limitation period, taking into account that claims for the protection of personal non-property rights and other intangible benefits limitation period does not apply (Article 208 of the Civil Code of the Russian Federation, see also paragraph 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 20, 1994 N 10 “Some issues of application of legislation on compensation for moral damage”, decisions of the Rubtsovsky City Court of the Altai Territory dated December 5, 2014 in case No. 2 -5667/14, Vyshnevolotsk City Court of the Tver Region dated 12/09/2013 in case No. 2-1512/13, appeal rulings of the IC for civil cases of the Smolensk Regional Court dated 10/14/2014 in case No. 33-3874/2014, IC for civil cases of the Altai regional court dated August 29, 2012 in case No. 33-6987/12; however, in some cases, courts come to the conclusion that claims for compensation for moral damage are derived from the requirement for recognition illegal actions police officials, for whose protection a three-month appeal period is established, for example, appeal rulings of the Investigative Committee for civil cases of the Supreme Court of the Republic of Karelia dated 05/22/2015 in case No. 33-2046/2015, the Investigative Committee for civil cases of the Supreme Court of the Komi Republic dated 04/07/2014 case No. 33-1569/2014).

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*(1) This Resolution of the Plenum of the Armed Forces of the Russian Federation has lost force (

Administrative detention is a procedural support measure that is aimed at facilitating the investigation of an administrative offense. You will learn about the procedure for using detention from the article.

What is administrative detention

By administrative detention, the Code of Administrative Offenses of the Russian Federation means a temporary restriction of a citizen’s freedom.

Who can carry out administrative detention?

Police officers.

Customs officers.

UIS employees.

Border guards.

VAI officials.

Employees private security Ministry of Internal Affairs.

Officials who carry out counter-terrorism operations.

Employees of the authorities responsible for control over the circulation of drugs and psychotropic substances.

The list of officials is established in Article 27.3 of the Code of Administrative Offenses and cannot be interpreted broadly. Employees of other bodies do not have this right.

At the request of a citizen, his relatives and defense attorney are notified of the preventive measure. But if a citizen is under 18 years of age, parents must be informed of his detention.

If a citizen is an employee of internal affairs bodies, penal system and other public services, the application of administrative detention to him is reported at the place of work.

We draw your attention to the fact that explaining to the detainee his rights is an obligation official. In case of non-compliance, administrative detention may be declared illegal.

The following rights must be explained to the citizen:

use the help of a lawyer;

know why he was detained;

give evidence on the fact of detention or refuse to give explanations, etc.

Duration of administrative detention

The period of administrative detention should not last more than 3 consecutive hours.

However, the legislator has provided for several cases when this preventive measure can be carried out for 48 hours. These include situations when a case of administrative violation is initiated on the following facts:

encroachment on the border of the Russian Federation or violation of the rules of stay in the Russian Federation;

committing an offense in internal waters or the territorial sea and other special international zones;

violation of customs rules;

application of punishment to a person in the form of administrative arrest.

The period of administrative detention begins to run from the moment the person is brought to the authority authorized to detain; and if the citizen is in a state alcohol intoxication- since his sobering up.

Administrative detention: grounds and procedure for application

Detention can be used to ensure an investigation within the framework of initiated administrative proceedings or the execution of an already issued decision in the case.

That is, administrative detention can only be applied to a person against whom administrative proceedings have been initiated, that is, to the one who has committed an offense. No other arguments can serve as grounds for this measure.

After a person subjected to administrative detention is delivered to the authorized body, a protocol must be drawn up within no more than 3 hours, which is filled out by an official and signed by the detainee.

The document states:

time of compilation;

information about the official who fills out the document;

information about the citizen;

information about administrative detention;

reasons for detention.

If a citizen refuses to sign the protocol, a note must be made about this.

At the request of the detainee, he may be given a copy of the document.

Detention in criminal law

Administrative detention differs from the detention of a person suspected of committing a crime.

The latter is possible under the following circumstances:

the person is caught in the act of committing an offense;

traces of a crime were found on personal belongings;

the citizen was pointed out by witnesses who saw him commit the crime;

if there is other information that allows one to suspect a person of committing a crime.

Such detention is allowed for up to 2 days with the possibility of further extension by 72 hours by court decision.

How to protect your rights during administrative detention

One of the most common situations related to abuse of power by officials when carrying out administrative detention is the infliction of bodily harm on a citizen.

In this case, after being released, the detainee must go to a health care facility and have the beatings removed.

A medical examination report is drawn up, which reflects information about the presence of bodily injuries and the expected methods of obtaining them.

It is desirable that the physical condition before administrative detention can be confirmed by witnesses. This is necessary to prove the fact of beatings directly during the implementation of procedural actions.

What else do you need to know?

Administrative detention cannot be used in any case if a fine or warning can be applied as punishment for this offense.

In addition, in cases where the identity of a citizen can be established on the spot (for example, he provided a passport), detention is also inappropriate.

If a police officer, for example, asks you to go to the police station, do not agree immediately. First, find out the reasons and grounds for the detention and inform your relatives about it.

Please note that during administrative detention a person may be subject to search. These investigative actions are carried out with the participation of witnesses. A protocol is drawn up about the results or information is included in the arrest report.

But police officers do not have the right to take fingerprints and register detainees. Such a procedure in administrative legislation is provided only for cases of arrest or identification.

And finally, a person subjected to administrative detention has the right to appeal the actions of authorized persons to the prosecutor's office or court.

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 administrative protocol, if this cannot be done at the place where the violation was committed;
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 escaped from psychiatric hospital, from custody, evading serving a 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.

Administrative detention is a short-term restriction of freedom of an individual, which can be applied in exceptional cases, if this is necessary 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.
(Article 27. 1. Code of Administrative Offenses of the Russian Federation)

This memo is for those who were detained by police officers not for committing crimes, but for administrative offenses. If you find yourself in a similar situation, forget about TV series and action films and remember the laws. Forget the advice of seasoned cynics that “the law is what it is” and that “there is no truth in the cops.” Do only what is prescribed by law and insist that law enforcement officers comply with it.

If you think that you were detained unreasonably and exceeded your authority, write complaints to your superiors and the prosecutor's office.

If they don’t respond, write to the Commissioner for Human Rights.

If force was used with consequences for health - undergo a medical examination at the Forensic Medical Examination Bureau (in Samara at 51 Tukhachevsky St.).

Do not stigmatize arbitrariness “in general” and be specific when setting out the facts of violations. Humiliation of the individual and lawlessness can only be countered by evidence and consistency of actions.

The information contained in our memo will help you to navigate at first in cases of initiation of administrative proceedings and administrative detention, to understand your real legal status and learn to defend (and not “downgrade”) your rights with dignity when meeting with law enforcement officers.

Even an offense committed by a citizendoes not constitute a violation of his rightsby police officers

Code of Administrative Offenses of the Russian Federation - Code Russian Federation about administrative offenses.

Code of Civil Procedure of the Russian Federation - Civil Procedure Code of the Russian Federation.

What actions can lead to the initiation of an administrative offense case and what are the consequences for this?

Petty hooliganism, that is, a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to other people's property.

A fine of five hundred to one thousand rubles or administrative arrest for up to 15 days. (Article 20. 1. Code of Administrative Offenses of the Russian Federation).

The same actions associated with disobedience to the legal demand of a government official or other person performing duties to protect public order or suppress a violation of public order.

A fine of one thousand to two thousand five hundred rubles or administrative arrest for up to 15 days. (Article 20. 1. Code of Administrative Offenses of the Russian Federation)

Propaganda and public display of Nazi paraphernalia or symbols.

A fine of five hundred to one thousand rubles or administrative arrest for up to 15 days with confiscation of Nazi or other specified paraphernalia or symbols. (Article 20. 3. Code of Administrative Offenses of the Russian Federation).

Drinking beer and drinks made on its basis, alcoholic and alcohol-containing products, or consumption of narcotic drugs or psychotropic substances in public places.

Fines from one hundred to one and a half thousand rubles. (Article 20. 20. Code of Administrative Offenses of the Russian Federation).

Appearance in public places (streets, stadiums, squares, parks, public transport, sports and recreational complexes) in a state of intoxication that offends human dignity and public morality.

A fine of one hundred to five hundred rubles or administrative arrest for up to 15 days. (Article 20. 21. Code of Administrative Offenses of the Russian Federation).

What is the reason for initiating a case of an administrative offense?

Direct discovery by officials of sufficient data indicating the presence of an administrative offense event; (Article 28. 1. part 1 clause 1 of the Code of Administrative Offenses of the Russian Federation).

Received from law enforcement agencies, from other government agencies, bodies local government, from public associations materials, messages and statements of individuals and legal entities, as well as messages in the media mass media, containing data indicating the presence of an administrative offense event; (Article 28. 1. Part 1, Clause 2, 3 of the Code of Administrative Offenses of the Russian Federation).

Recording an administrative offense in the region traffic means of photography, filming, video recording, including special technical means operating in automatic mode. (Article 28. 1. part 1 clause 4 of the Code of Administrative Offenses of the Russian Federation).

What document is used to document the fact of an administrative offense?

A protocol is drawn up on the commission of an administrative offense, except in cases where a case is initiated by the prosecutor, and also if a punishment is imposed for the commission of an offense in the form of a warning or administrative fine. (Article 28. 6. Part 1 of the Code of Administrative Offenses of the Russian Federation).

A case of an administrative offense is considered initiated from the moment a protocol on an administrative offense is drawn up or a prosecutor makes a decision to initiate a case of an administrative offense. (Article 28. 1. part 4 clause 3 of the Code of Administrative Offenses of the Russian Federation).

What should be reflected in the protocol on an administrative violation?

The protocol on an administrative offense shall indicate:

Date and place of its compilation;

Position, surname and initials of the person who compiled the protocol;

Information about the person against whom a case of administrative offense has been initiated;

Last names, first names, patronymics, residential addresses of witnesses and victims, if there are witnesses and victims;

Place, time of commission and event of the administrative offense;

An article of the Code of Administrative Offenses of the Russian Federation or a law of a constituent entity of the Russian Federation, providing for administrative liability for a given administrative offense;

Explanation of the individual or legal representative legal entity, against whom the case has been initiated;

Other information necessary to resolve the case.

When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated, as well as other participants in the proceedings, are explained their rights and obligations under this Code, which is recorded in the protocol. (Article 28. 2. Part 3 of the Code of Administrative Offenses of the Russian Federation).

Which officials are authorized to draw up protocols on administrative violations?

Department of Internal Affairs (police) officials;

Officials of the internal troops control body of the Ministry of Internal Affairs of the Russian Federation;

Officials of bodies and institutions of the penal system;

Officials of bodies specifically authorized to solve problems in the field of civil defense;

Departmental security officials;

Officials of bodies authorized to exercise control and supervision functions in the field of migration and other officials in accordance with the tasks and functions assigned to them federal laws or normative legal acts The President of the Russian Federation or the Government of the Russian Federation, as well as officials of local authorities authorized by law Samara region“On administrative offenses on the territory of the Samara region.” (Art. 28. 3. Code of Administrative Offenses of the Russian Federation).

In what cases is arrest made?

In order to suppress an administrative offense, establish the identity of the offender, draw up a protocol on an administrative offense if it is impossible to draw it up on the spot, ensure timely and correct consideration of the case of an administrative offense. (Article 27. 1. Part 1 of the Code of Administrative Offenses of the Russian Federation).

In what cases is detention unacceptable?

It is not permissible to detain a citizen if there is a real opportunity to establish his identity and the circumstances of the incident and to draw up a report on the administrative offense at the place where it was committed.

Detention cannot be applied even if there are grounds for the appointment administrative punishment in the form of a warning or fine at the scene of the offense. (Article 28. 6. Part 1 of the Code of Administrative Offenses of the Russian Federation).

What should you do if a police officer asks you to go with him to the police station?

You need to find out the reason and grounds for such a request, clarify what exactly you are suspected of.

Any restriction of citizens in their rights and freedoms by the police is permissible only on the grounds and in the manner directly provided for by law. In all cases of restriction of the rights and freedoms of a citizen, a police officer is obliged to explain to him the basis and reason for such restriction, as well as his rights and obligations arising in connection with this. (Article 5 of the Law of the Russian Federation “On the Police”).

Can a detainee notify relatives and friends about his detention?

You can call relatives, friends and people who can act as your defenders, and also tell them your last name, first name, patronymic, position and identification number of the policeman who detained you, the number of the police station and the address where you are currently located.

Police officers are required to provide this information to detainees.

At the request of the detained person, relatives, the administration at the place of work (study), as well as the defense lawyer are notified of his whereabouts as soon as possible. (Article 27. 3. Part 3 of the Code of Administrative Offenses of the Russian Federation).

His parents or other legal representatives must be notified of the administrative detention of a minor. (Article 27.3.part 4 of the Code of Administrative Offenses of the Russian Federation).

What documents are used to document detention?

A protocol on administrative detention is drawn up, which indicates the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the detained person, the time, place and reasons for the detention. (Article 27. 4. Part 1 of the Code of Administrative Offenses of the Russian Federation).

The detained person is explained his rights and obligations under the Code of Administrative Offenses of the Russian Federation, about which a corresponding entry is made in the protocol on administrative detention. (Article 27. 3. Part 5 of the Code of Administrative Offenses of the Russian Federation).

The protocol on administrative detention is signed by the official 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 given to the detained person at his request. (Article 27. 4. Part 2 of the Code of Administrative Offenses of the Russian Federation).

For how long can administrative detention be carried out?

The period of administrative detention should not exceed three hours (Article 27. 5. Part 1 of the Code of Administrative Offenses of the Russian Federation).

A person against whom proceedings are being conducted for an administrative offense that entails administrative arrest as one of the administrative penalties may be subject to administrative detention for a period of no more than 48 hours. (Article 27. 5. Part 3 of the Code of Administrative Offenses of the Russian Federation)

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. (Article 27. 5. Part 4 of the Code of Administrative Offenses of the Russian Federation).

Where should those detained for committing administrative offenses be kept?

Detainees must be kept in specially designated premises of the authorities (cells for administrative detainees), or in special institutions created by the authorities executive branch subjects of the Russian Federation. The specified premises must meet sanitary requirements and exclude the possibility of their unauthorized abandonment. (Article 27. 6. Part 1 of the Code of Administrative Offenses of the Russian Federation).

Can a person detained for committing an administrative offense be subjected to a personal search?

Detainees may be subject to personal search. The things they have with them are inspected. 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 (Article 27. 7. Part 3 of the Code of Administrative Offenses of the Russian Federation). Witnesses should not be police officers!

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. (Article 27. 7. Part 4 of the Code of Administrative Offenses of the Russian Federation).

Inspection of a vehicle is carried out in the presence of the person in whose possession it is located. In urgent cases, an inspection of the vehicle may be carried out in the absence of the specified person. (Article 27. 9. Part 3 of the Code of Administrative Offenses of the Russian Federation).

On personal search, search of things in the possession of an individual and vehicles a protocol is drawn up, or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention. (Article 27. 7. Part 6 of the Code of Administrative Offenses of the Russian Federation).

Should fingerprints be taken from persons detained for committing an administrative offense?

When registering persons detained for committing an administrative offense, police officers do not have the right to take fingerprints (fingerprints), photograph or film them.

These actions are carried out only in relation to persons suspected and accused of committing crimes, subject to administrative arrest, as well as persons against whom there is a reason to initiate a case for an administrative offense if it is impossible to establish their identity (Clause 15 of Article 11 of the Law of the Russian Federation “ About the police").

In other cases, fingerprinting is carried out only with the citizen’s voluntary consent to this procedure, which must be given in writing (Article 5 of the Law of the Russian Federation “On the Police”).

Is it possible to appeal the actions of officials regarding administrative detention?

If a person disagrees with the application of a measure such as detention to him, he has the right to appeal this procedural action to the prosecutor's office.
In accordance with Art. 22 of the Federal Law "On the Prosecutor's Office of the Russian Federation", the prosecutor or his deputy, if it is established that the law has been violated by bodies and officials, by his resolution releases persons illegally subjected to administrative detention on the basis of decisions of non-judicial bodies.
But if police officers confiscate documents or personal belongings from a detained person (not related to the items of the offense or weapons), a sum of money is demanded, and physical violence is applied to them, then the prosecutor’s office should not be written a complaint, but a statement to initiate a criminal case on the fact of abuse of power, or arbitrariness, or extortion of a bribe. (Articles 286, 330, 290 of the Criminal Code of the Russian Federation).

In what cases can cases be initiated under Art. 19. 3. Code of Administrative Offenses of the Russian Federation “Disobedience to a lawful order or demand of a police officer”?

This article concerns only lawful orders and demands of police officers. The demands of the police officers must be fulfilled in order to avoid being brought under Part 1 of Art. 19. 3. Code of Administrative Offenses of the Russian Federation.

This offense is punishable by a fine of 500 to 1,000 rubles or administrative arrest for up to 15 days.

If their demands are illegal, you are not obligated to comply with them. Moreover, illegal orders and demands of police officers must be appealed in the manner established by the legislation of the Russian Federation.

Which body makes a decision in a case of an administrative offense?

Decisions in cases of administrative offenses are made by magistrates and district courts (depending on the nature of the offense)

What rights do persons against whom proceedings for an administrative offense are being conducted?

A person against whom proceedings are being conducted for an administrative offense has the right to familiarize himself with all the materials of the case, give explanations, present evidence, file petitions and challenges, use the legal assistance of a defense attorney, as well as other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation and the Code of Civil Procedure of the Russian Federation. (Article 25. 1. Part 1 of the Code of Administrative Offenses of the Russian Federation, Article 35 of the Code of Civil Procedure of the Russian Federation).

The case of an administrative offense is considered with the participation of the person against whom the proceedings for the administrative offense are being conducted.

In the absence of the specified person, the case can be considered only in cases where there is evidence of proper notification of the person about the place and time of the consideration of the case and at the same time there has not been a petition from him to postpone the consideration of the case, or if such a petition is left unsatisfied. (Article 25. 1. Part 2 of the Code of Administrative Offenses of the Russian Federation).

When considering a case of an administrative offense entailing administrative arrest or administrative deportation from the Russian Federation foreign citizen, or a stateless person, the presence of the person in respect of whom the proceedings are being conducted is mandatory. (Article 25. 1. Part 3 of the Code of Administrative Offenses of the Russian Federation).

Within what period should a case of an administrative offense be considered?

A case of an administrative offense is considered within fifteen days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other materials of the case. (Article 29. 6. Part 1 of the Code of Administrative Offenses of the Russian Federation).

The case of an administrative offense, the commission of which entails administrative arrest or administrative expulsion, is considered on the day of receipt of the protocol on the administrative offense and other materials of the case, and in relation to a person subjected to administrative detention - no later than 48 hours from the moment of his detention. (Article 29. 6. Part 4 of the Code of Administrative Offenses of the Russian Federation).

What document is used to document the results of consideration of an administrative offense case?

Based on the results of consideration of a case of an administrative offense, a decision may be issued by the court or authorized officials and bodies to impose an administrative penalty or to terminate proceedings in the case of an administrative offense. (Article 29. 9. Part 1 of the Code of Administrative Offenses of the Russian Federation).

If an administrative fine is imposed, the resolution in the case of an administrative offense must indicate information about the recipient of the fine, which is necessary in accordance with the rules for filling out settlement documents for the transfer of the amount of the administrative fine. (Article 29. 10. Part 1. Clause 11 of the Code of Administrative Offenses of the Russian Federation).

If, when deciding on the issue of imposing an administrative penalty for an administrative offense by a judge, the issue of compensation for property damage is simultaneously resolved, then the decision on the case indicates the amount of damage to be compensated, the timing and procedure for its compensation. (Article 29. 10. Part 2 of the Code of Administrative Offenses of the Russian Federation).

The decision on the case of an administrative offense is announced immediately upon completion of the consideration of the case. (Article 29. 11. Part 1 of the Code of Administrative Offenses of the Russian Federation).

A copy of the decision in the case of an administrative offense is handed over against receipt to the individual or the legal representative of the individual, or the legal representative of the legal entity in respect of whom it was made, as well as to the victim at his request, or is sent to these persons within three days from the date of issuance of the said decision. (Article 29. 11 part 2 of the Code of Administrative Offenses of the Russian Federation).

Can a decision in a case of an administrative offense be appealed?

A decision in a case of an administrative offense may be appealed:

The decision made by the judge is sent to a higher court;

A decision made by a collegial body or a bailiff - to the district court at the location of the collegial body or bailiff;

A decision made by an official - to a higher body, to a higher official, or to the district court at the place of consideration of the case;

A resolution issued by another body created in accordance with the law of a constituent entity of the Russian Federation on administrative offenses - to the district court at the place of consideration of the case.

Based on the results of consideration of the complaint, a decision is made. (Article 30. 1. Code of Administrative Offenses of the Russian Federation).

Samples of complaints and statements in connection with unlawful actions of officials during proceedings in cases of administrative offenses

SAMPLE FORMULATING A COMPLAINT TO THE PROSECUTOR'S OFFICE

TO WHOM: ____________________

(Indicate the prosecutor's office and its address)

(indicate the higher authorities of the prosecutor's office to which copies are sent)

Based on the above, as well as in accordance with Art. 10 of the Law of the Russian Federation “On the Prosecutor’s Office of the Russian Federation”

2. Take the prosecutorial measures provided for by law and cancel the decision made against me to bring me to justice administrative responsibility in the form of an official warning (monetary fine) under Art. 19.15 Code of Administrative Offenses of the Russian Federation (if it was issued);

4. Bring to the statutory and regulatory documents the Ministry of Internal Affairs of the responsibility of police officials responsible for violations;

Applications:

1. Copy of the Protocol on administrative violation No.__ dated ___ ______200_. - 1 copy;

2. Receipt for collection of fine No.______ dated ___ _________200_g. for the amount (in numbers and in words) rubles (in numbers) kopecks - 1 copy;

3. Certificate of medical examination from the emergency room of the city hospital No.___ dated ___ _________200_g. (if there was such a thing).

(date of registration of the complaint)

(personal signature of the applicant)

SAMPLE OF FORMULATING A COMPLAINT TO THE POLICE AUTHORITIES

TO WHOM: ____________________

(Indicate ATC authority and its address)

Copies: ________________________________

(indicate higher ATC authorities where copies are sent)

From: ___________________________________

(Last name, first name, patronymic of the applicant in full)

living at ____________

(zip code, address of the applicant’s place of residence)

on misconduct police officers

“___” ______ 200_ at ____hours___minutes in the area of (specify the location) I was stopped by a police officer(s) of the internal affairs department (indicate the name of the internal affairs department or service, if known) to check my documents.

At the same time, the police officer(s) introduced themselves (did not introduce themselves) (further state the essence of what happened, indicating ranks, surnames and initials, bib numbers, car numbers, presence and addresses of witnesses, if there were any, exchange of remarks, nature of behavior (rudeness) , actions (inaction) of police officers, movements, motivation for the actions of the police, if any, the result of the detention and verification of documents, including a list of documents drawn up and issued (not issued) (protocols, receipts), wasted time and other complications due to delays in communicating with the police).

I believe that the actions of the above police officers against me were unlawful and grossly violated my constitutional rights, including my right to freedom of movement, the right to liberty and personal integrity (if you were threatened with the use of force or force and special means were used, subjected to “delivery” and (or) “administrative detention”, that is, placed in a “monkey barn”), these actions of the police officers belittled my personal dignity, caused me moral and physical (if there was any) harm.

Based on the above, I ASK:

1. Conduct an investigation into all the circumstances set out in this complaint (Application);

2. Cancel the decision made against me to bring me to administrative liability in the form of an official warning (monetary fine) under Art. 19.15. Code of Administrative Offenses (if it was issued);

3. Return what was illegally collected from me in the form of a fine. cash in the amount of 100 (one hundred) rubles 00 kopecks (if a fine was collected);

4. Bring to justice the police officers responsible for the violations established by law and regulatory documents of the Ministry of Internal Affairs;

5. Inform me within the time limits established by law about the results of the inspection and the measures taken to punish the perpetrators, indicating or providing copies administrative documents Internal Affairs Directorate or other bodies confirming that the perpetrators are brought to justice.

Applications:

1. Protocol on administrative violation No. _____ dated ___ ______200_g. - 1 copy;

2. Receipt for collection of fine No.______ dated ___ _______200_g. for the amount (in numbers and in words) rubles (in numbers) kopecks - 1 copy;

3. Certificate of medical examination from the emergency room of the city hospital No._____ dated ___ ________200__. (if there was such a thing).

4. You can attach copies of any other documents (tickets, etc.) that, in your opinion, confirm or specify the circumstances of your complaint.

200___g.

(date of registration of the complaint)

Last name I.O.

(personal signature of the applicant)

SAMPLE FORMULATING A COMPLAINT TO COURT

TO WHOM:________________________________

(Indicate the name of the district (city) court)

on a decision in a case of an administrative offense

Resolution (indicate the name of the administrative body or official who issued the appealed decision) dated ____ ________200__. An administrative penalty was imposed on me in the form of _____________ for (the grounds for imposing an administrative penalty (taken from the text of the resolution)).

The said decision was made based on the following circumstances: (Further state the circumstances of the case. Or refer to a copy of the application to the Prosecutor's Office or Internal Affairs Directorate, if they were sent there, make a reference to the fact that a copy of the complaint is attached and attach a copy to the complaint to the court).

200_g. at __ hours __ minutes in the area of (indicate the location of the action), I was stopped by police officer(s) of the internal affairs department (indicate the name of the internal affairs department or service, if known) to check my documents.

At the same time, the police officer(s) introduced themselves (did not introduce themselves) (further state the essence of what happened, indicating ranks, surnames and initials, bib numbers, car numbers, presence and addresses of witnesses, if there were any, exchange of remarks, nature of behavior (rudeness) , actions (inaction) of police officers, movements, motivation for the actions of the police, if any, the result of the detention and verification of documents, including a list of compiled and issued (not issued) documents (protocols, receipts), lost time and other complications in connection with delay in communicating with the police).

I consider the penalty imposed on me to be unfounded, since the actions of the above police officers against me were unlawful and grossly violated my constitutional rights, including my right to freedom of movement, the right to liberty and personal integrity (if you were threatened with the use of force or used force and special means, subjected to “delivery” and (or) “administrative detention”, that is, placed in a “monkey barn”), these actions of the police officers belittled my personal dignity, caused me moral and physical (if there was any) harm.

Based on the above, as well as in accordance with Art. 236-239 Civil Procedure Code of the RSFSR

1. Cancel (amend) the resolution (details of the appealed resolution - the name of the body or official who issued it and the date of its adoption) to bring me to administrative responsibility in the form of an official warning (monetary fine) under Art. 19.15d Code of Administrative Offenses (if it was issued);

2. Return the money illegally collected from me in the form of a fine in the amount of 100 (one hundred) rubles 00 kopecks (if a fine was collected);

Applications:

1. Copy of this complaint - 2 copies;

2. A copy of the resolution of the administrative body on the imposition of a penalty - 1 copy;

3. Protocol on administrative violation No. ______ dated ___ ______200_g. - 1 copy;

4. Receipt for collection of fine No.______ dated __ ________200_g. for the amount (in numbers and in words) rubles (in numbers) kopecks - 1 copy.

200___g.

(date of registration of the complaint)

Last name I.O.

(personal signature of the applicant)

Addresses of authorities authorized to restore the violated rights of citizens, including in cases of illegal administrative proceedings and detention:

Main Directorate of the Ministry of Internal Affairs of Russia for the Samara Region:

443068, Samara, st. Sokolova, 34

ORCh SB Main Directorate of the Ministry of Internal Affairs of Russia for the Samara region:

443001, Samara, st. Nikitinskaya, 73 "a"

Prosecutor's office of the Samara region:

443010, Samara, st. Chapaevskaya, 151

Commissioner for Human Rights in the Samara Region:

443100, Samara, st. Mayakovsky, 20