Is administrative arrest applied? Administrative arrest: concept, terms, purpose and execution


Good afternoon, dear reader.

This article will talk about administrative arrest, which is one of the possible penalties for violating the requirements of the rules traffic.

Administrative arrest consists in isolating the driver from society, i.e. placing a person in a special detention center. This punishment is quite severe, so it is imposed only for the most serious violations.

This article will discuss in what cases administrative arrest can be imposed, on whom it cannot be imposed, as well as the peculiarities of applying this punishment.

Violations for which administrative arrest may be imposed

Let's look at the list of violations for which administrative arrest may be imposed:

  • Article 12.7, part 2. Driving a vehicle by a driver (up to 15 days).
  • Article 12.8 part 3. Driving a vehicle by a driver in a state of intoxication, deprived of a license or without one (from 10 to 15 days).
  • Article 12.26 part 2. Refusal to test for intoxication by a driver who has been deprived or does not have a license (from 10 to 15 days).
  • Article 12.27 part 2. Leaving the scene of an accident (up to 15 days).
  • Article 20.25 part 1. (up to 15 days).

As you can see, it is unlikely that the violations listed above will happen by accident (with the exception of a minor violation not noticed by the driver).

Who cannot be subject to administrative arrest?

In accordance with Part 2 of Article 3.9 Administrative Code of Administrative Offenses arrest cannot be applied to:

2. Administrative arrest is established and assigned only in exceptional cases for individual species administrative offenses and cannot be applied to pregnant women, women with children under the age of fourteen, persons under the age of eighteen, disabled people of groups I and II, military personnel, citizens called up for military training, as well as employees with special ranks internal affairs bodies, bodies and institutions of the penal system, State fire service, traffic control authorities narcotic drugs and psychotropic substances and customs authorities.

I note that the above persons may be subject to other alternative punishment (for example, compulsory labor).

Features of administrative arrest

Let us consider some features of the imposition of administrative arrest.

1. Administrative arrest may be imposed only by judge. Judges hear all cases of the administrative offenses listed above.

2. Quite often, drivers are interested in where the administrative arrest is served. To carry out this type of punishment, there are special receivers of the Ministry of Internal Affairs. Speaking in simple words, the driver ends up behind bars for 15 days, where some very dubious personalities may keep him company. Personal belongings are confiscated and stored with the duty officer.

3. Deadline administrative detention counted towards the period of arrest.

4. Administrative arrest cannot be imposed for failure to pay traffic police fines recorded by automatic violation recording systems.

Summarizing the above, I note that administrative arrest is a rather specific type of punishment. So this article is for informational purposes only and, I hope, in practice you will never need it.

Good luck on the roads!

Sergey-366

Hello! What is the punishment for committing a minor accident for someone who does not have a license in someone else’s car, but in the presence of the owner, and is able alcohol intoxication?

Sergey, Hello.

1. For Accident driver will be punished depending on which rule he broke before the collision.

2. For driving while intoxicated, the driver will receive an arrest from 10 to 15 days (Part 3 of Article 12.8 of the Administrative Code).

3. The owner of the car will be deprived of his rights for a period of 18 to 24 months and will receive a fine of 30,000 rubles (part 2 of article 12.8 of the Administrative Code).

Good luck on the roads!

Hello. Sold the car. It was not re-registered. There is one fine for speeding. More than 3 months have passed. By driver's license checked, it weighs on me. They wrote out a protocol. Why is the owner of the car responsible for not driving a vehicle and what could happen for this. The case will go to court.

Ruben, Hello.

Article 2.6.1 of the Code of Administrative Offenses:

1. Administrative liability for administrative offenses in the field of traffic and administrative offenses in the field of landscaping, provided for by laws subjects Russian Federation committed using Vehicle, in case of recording of these administrative offenses by special means operating automatically technical means, having the functions of photography, filming, video recording, or means of photography, filming, video recording owners of vehicles are involved.

consists of keeping the offender in isolation from society and is established for a period of up to 15 days, and for violating the requirements of the regime state of emergency or legal regime counter-terrorist operation - up to 30 days.

Administrative arrest is ordered by a judge (Part 1 of Article 3.9 of the Code of Administrative Offenses of the Russian Federation).

Administrative arrest can be established and applied only as the main administrative punishment.

Administrative arrest is the only type of administrative punishment that limits the freedom of the offender. In case of committing administrative offenses foreign individuals corresponding legal consequences also entails the application of punishment in the form of administrative deportation.

Administrative arrest is applied only in the presence of aggravating circumstances administrative responsibility, an exhaustive list of which is indicated in Part 1 of Art. 4.3 Code of Administrative Offenses of the Russian Federation; if there are none, other, less severe administrative penalties should be applied. When committing an administrative offense that provides for the application of punishment in the form of administrative arrest, a pregnant woman, a woman with a child under 14 years of age, a person under the age of 18, a disabled person of groups I and II, military personnel, citizens called up for military training, and Also, this administrative penalty cannot be applied to employees of internal affairs bodies, bodies and institutions of the penal system, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances and customs authorities who have special ranks.

The judge's decision on administrative arrest is executed by internal affairs bodies immediately after its issuance. A person subjected to administrative arrest is detained in a place determined by the internal affairs bodies. When executing a decision on administrative arrest, a personal search of the person subjected to administrative arrest is carried out.

Setting the deadline for administrative arrest provided for in Part 1 of Art. 3.9 of the Code of Administrative Offenses of the Russian Federation, is possible only for violating the requirements of the state of emergency.

In cases established by the Federal Constitutional Law of May 30, 2001 No. 3-FKZ “On a State of Emergency,” administrative arrest is a sanction applied to violators of curfew rules when suppressing violent illegal actions specified in paragraph “a” of Art. 2 of the Federal Constitutional Law “On State of Emergency”. Within the meaning of paragraphs “a”, “c” of Art. 12, paragraph 1, art. 31 and paragraph 2 of Art. 33 of the Federal Constitutional Law “On State of Emergency”, the application of this measure is always preceded by the delivery of a person or his administrative detention in case of non-compliance with the curfew rules or other violations of the state of emergency. The period of administrative detention of persons who violated the curfew rules is determined by the expiration of the curfew; citizens who do not have identification documents with them are detained until their identity is clarified, but for no more than three days, by decision of the head of the internal affairs department or his deputy.

Thus, the administrative arrest applied to violators of curfew rules in accordance with the Federal Constitutional Law “On State of Emergency” is limited to the specified period. The appointment of an administrative arrest for a period of up to 30 days is possible only when committing an administrative offense under Art. 20.5 of the Code of Administrative Offenses of the Russian Federation (violation of the requirements of the state of emergency).

According to Federal law dated July 25, 1998 No. 130-FZ “On the fight against terrorism”, the counter-terrorism operation is special events aimed at suppressing terrorist attacks, ensuring security individuals, neutralizing terrorists, as well as minimizing the consequences of a terrorist attack.

Appointment, according to Art. 3.9 of the Code of Administrative Offenses of the Russian Federation, administrative arrest in these cases for a period of up to 30 days is associated with objective difficulties, since Art. 20.27 (failure to comply with a lawful order of the person conducting the operation in the area of ​​a counter-terrorism operation) does not provide for punishment in the form of administrative arrest.

More on the topic Administrative arrest:

  1. § 10. Execution of decisions on administrative arrest
  2. Administrative procedures and administrative regulations as a legal means of ensuring administrative reform

If you have ever been under administrative arrest, you will be able to understand what my feelings were when such a measure was applied to me. According to the police officers, such a punishment was chosen for the reason that I took part in the picketing of the city hall building.

In fact, I was just passing by and saw the pandemonium. I became curious and went up to find out what the reason for the meeting was. When the police arrived, they didn’t ask anyone, but simply put them in a police car. Only a few days later, when the trial took place, I was placed in custody for 15 days.

To the violators Russian legislation A wide variety of administrative and sometimes criminal sanctions and penalties are applied. The most severe sanction is rightfully considered administrative arrest, in which the offender is placed in custody for a maximum period of 15 days.

As a rule, this step is applied to people who have committed a violation as a group.

To understand what is being discussed when the topic of administrative arrest is discussed, it is necessary to cite clear definition this concept. Not all Russians know what administrative arrest (AA) is, in what cases it is assigned and what articles of the current legislation establish general regulations.

AA refers to the forced isolation of the guilty person from other people, within the framework of which the citizen is placed in a special cell, where he remains permanently for the entire period of administrative arrest.

We are not talking about detention or arrest as described in criminal law. The violator's freedom is limited, but the conditions and Taken measures differ significantly.

Arrest administrative order cannot be more than three hours, after which the case must be brought to court. This rule specified in Art. 25 Code of Administrative Offenses of the Russian Federation. Additionally, it is worth noting that arrest is not considered as a basis for dismissal of the violator, although wage is not accrued for such a period.

It is possible to replace the arrest with the payment of a fine. As I already noted, the punishment is applied for up to 15 days, but sometimes it can be doubled taking into account the severity of the act committed.

For what actions can administrative arrest be imposed?

Any Russian should have an idea of ​​what acts such a severe penalty is imposed for. IN Administrative Code(Administrative Code of the Russian Federation) are indicated the following reasons To make a decision to isolate a citizen:

  • petty hooliganism (Article 20.1);
  • leaving the scene of an accident by its participant (Article 12.27);
  • failure to comply with the order of a policeman, military man or FSB officer (Article 19.3);
  • evasion of previously prescribed enforcement measures (Article 20.25);
  • violation of established administrative supervision (Article 19.24);
  • non-compliance with the rules of conduct in the event of an emergency;
  • violation of the procedure for holding and participating in rallies and demonstrations (Article 20.2).

All these grounds may lead to the choice of such a punishment as administrative arrest for 15 days. Moreover, there is no minimum restriction in this case. The judge may order arrest for a few hours or several days.

If the offense is committed by a group of people, the judge has the right to increase the term of arrest by 30 days. As a rule, we are talking about more serious acts, for example, violation of rules and regulations as a result of the use of narcotic drugs, violation public order or other options.

Which citizens cannot be placed under arrest?

The time that the citizen was in custody before the decision on this measure of influence was made is counted in total term actions of punishment. In addition, there is a group of people who cannot be punished in this way. We are talking about the following violators:

  • citizens with disabilities of 1-2 groups;
  • women who are pregnant or raising children;
  • employees of the Ministry of Internal Affairs, customs, the National Guard, firefighters, employees of the Investigative Committee;
  • military personnel and persons sent for training;
  • minors.

All groups are described in detail in Art. 3.9 Code of Administrative Offenses of the Russian Federation. The same code spells out the conditions under which a violator must be detained.

In what cases is a guilty person released early?

There are several circumstances in which the offender is released from arrest earlier deadline for seven days:

  • if a person is sick and this does not allow him to be in custody;
  • exceptional personal circumstances were discovered, for example, illness of relatives or the fact of damage to the family.

These points are also described in the Administrative Code and are strictly taken into account by the judicial authorities, as well as police officers.

Conclusion

The guilty person, in respect of whom a decision has been made to apply administrative arrest, is obliged to strictly comply with the current legislation and the requirements of the employees of the institution where he will serve his sentence. This will make it possible to avoid complications and subsequent punishments.

1. Administrative arrest consists of keeping the offender in isolation from society and is established for a period of up to fifteen days, and for violation established order organizing or holding a meeting, meeting, demonstration, procession or picketing, or organizing a mass simultaneous stay or movement of citizens in in public places, for violation of the requirements of a state of emergency or the legal regime of a counter-terrorism operation, or for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors for up to thirty days. Administrative arrest is ordered by a judge. 2. Administrative arrest is established and assigned only in exceptional cases for certain types of administrative offenses and cannot be applied to pregnant women, women with children under the age of fourteen, persons under the age of eighteen, disabled people of groups I and II, military personnel, citizens called up for military training, as well as employees with special ranks Investigative Committee of the Russian Federation, internal affairs bodies, bodies and institutions of the penal system, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances and customs authorities. 3. The period of administrative detention is included in the period of administrative arrest.

Legal advice under Art. 3.9 Code of Administrative Offenses of the Russian Federation

    Zinaida Romanova

    What is administrative arrest? Do I have to sit somewhere?

    • Lawyer's answer:

  • Daria Orlova

    What to do if a protocol has not been drawn up administrative offense?(detention)

    Anna Yakovaleva

    administrative arrest, how and where is it carried out?

    • A significant place in the system of administrative punishments of the Russian Federation is occupied by one of the most severe punishments - administrative arrest: deprivation of liberty as a punishment for the offender and thereby temporary isolation of him...

    • Marina Belyaeva

    What is administrative arrest? I will be grateful to those who answer

    • a type of administrative punishment consisting of keeping a person who has committed an administrative offense in isolation from society. Administrative arrest is imposed only in judicial procedure and only for the most serious offenses...

    Evgenia Sidorova

    Do they provide any document after administrative arrest (3 days). Yesterday I asked a question about where they are sent to prison for 15 days, now the question is different - what document (decree or something similar) is given after serving the sentence?

    • When you are released, they will give you a decree on the basis of which you will be placed under administrative arrest.

    Valeria Fedotova

    Hello!!! Can administrative arrest be applied to a 17-year-old citizen of the Russian Federation for committing an administrative offense??

    • Lawyer's answer:

      Cannot Article 3.9. Administrative arrest 2. Administrative arrest is established and assigned only in exceptional cases for certain types of administrative offenses and CANNOT be applied to pregnant women, women with children under the age of fourteen, persons UNDER THE AGE OF EIGHTEEN...

    Yulia Kiseleva

    If they “gave” 15 days of administrative arrest. A person can work it out at his job (sorry for the tautology)

    • Let's daydream! Now those under administrative arrest practically do not work. Although, if your “work” can pay for the “work” of a couple more cops, then anything is possible.

    Evdokia Fedotova

    administrative arrest is there a statute of limitations for administrative arrest

    Victor Malenin

    how to appeal an administrative arrest

    • how it turned out if it’s not a secret! Get legal advice. It's inexpensive. under Article 30 of the Code, just like any other court decision in the case of the APN

    Ekaterina Danilova

    Is administrative detention legal for driving without a license?

    • Lawyer's answer:

      Article 25.1. A person against whom proceedings are being conducted for an administrative offense [Code of the Russian Federation on Administrative Offenses] [Chapter 25] [Article 25.1] 2. The case for an administrative offense is considered with the participation of the person against whom proceedings are being conducted for an administrative offense. In the absence of the specified person, the case may be considered only in the cases provided for in Part 3 of Article 28.6 of this Code, or if there is evidence of proper notification of the person about the place and time of the consideration of the case and if the person has not received a petition to postpone the consideration of the case or if such a petition is abandoned without satisfaction. 3. Judge, body, executive those considering a case of an administrative offense have the right to recognize the presence of the person against whom the proceedings are being conducted as mandatory during the consideration of the case. 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 against whom the proceedings are being conducted is mandatory. In general, Article 12.7.

With the development of technology and society, crime is also on the rise. Most of the crimes fall under the jurisdiction administrative law. Liability for this violation will be less stringent than for a criminal offense, however, administrative violation also causes problems for the offender. The main regulatory body on this issue is the Ministry of Internal Affairs of the Russian Federation. Thus, the Ministry of Internal Affairs has the right to apply such punishment as administrative arrest to offenders.

Table of contents:

Definition of administrative arrest, grounds for it.

Based on Art. 3/2 of the Code of Administrative Offenses of the Russian Federation, administrative arrest is considered a measure of punishment for an illegal act, which manifests itself in restricting the personal freedom of the offender and his actual isolation. This penalty is applied only for serious administrative offenses.

note

This type of punishment can be applied in exceptional situations if, taking into account the nature of the act and the offender himself, there is no more effective measure to achieve the restoration of law and order.

Because administrative arrest is a complex legal process; it is regulated by many legislative provisions and acts. Among them are the Code of Administrative Offenses of the Russian Federation, Government Decrees, and Federal Laws.

The application of administrative arrest to an offender is possible only by court decision for the most serious violations of the Code of Administrative Offenses of the Russian Federation. Such violations include hooliganism, disorder in society, resistance to police officers, etc.

Such arrest is ordered by the court if other means of punishment are not effective. For example, a fine is not sufficient to restore law and order in society.

The person punished must always be an adult who can bear administrative responsibility. Also, based on Art. 3/9 of the Administrative Code, it is prohibited to subject the following categories of citizens to administrative arrest:

  • women whose children have not reached 14 years of age;
  • pregnant women;
  • minor children;
  • people with increased needs of groups 1 and 2;
  • employees of law enforcement agencies and bodies of the Ministry of Internal Affairs of the Russian Federation.

Important fact

The court may decide not to apply administrative detention even to those citizens who do not fit into these categories. However, the life circumstances of the offender are important here. Thus, there are registered cases where the court overturned punishments due to the upbringing of two or more minor children by one father.

Differences between administrative arrest and detention

Most citizens reduce the terms “administrative arrest” to one meaning, which is a grave mistake. Both of these penalties have different meanings and lead to different legal consequences.

Thus, administrative arrest is manifested in the method of eliminating the cause of the offense. And detention is to ensure the standard flow of paperwork about a specific violation of the peace of society.

Often, administrative arrest is a consequence of detention. In such situations, the period of arrest includes the period of detention, and general period stay in custody is calculated from the date the citizen enters the service of law enforcement agencies.

Terms of administrative arrest

Any restriction of a person’s personal freedom is a direct violation of his constitutional rights. That is why the terms of detention must be clearly established by law, and law enforcement agencies do not have the right to detain a citizen longer than stipulated in the Code of Administrative Offenses.

The standard term of imprisonment is fifteen days. However, the legislator provides for cases in which administrative detention can be extended or initially increased. Such cases include, for example, terrorist offenses. If the violator is involved in a conspiracy or carrying out a terrorist operation. Services providing counter-terrorism measures have the right to place the offender under administrative arrest for up to 30 days.

At the same time, all questions about this case(both the capture and release of the criminal) are resolved exclusively through the courts.

Rights of those subject to administrative arrest

In conditions where a citizen has violated administrative law and order, his case must be considered by the court on the date on which the protocol was drawn up. The offender is required to attend trial. Without his presence the process is not valid. If the offender knowingly refuses to appear in court on the appointed date, the judge may order that the offender be brought to judiciary against his will.

At the hearing, the compiled protocol is submitted to the judge committed crime. All such processes are considered in those authorities that are assigned to the offender’s place of residence.

note

If the violator was detained, then judicial review of his violation and the need for administrative arrest should occur no more than within 48 hours from the moment of detention.

In situations of a positive or negative court decision on the issue of applying such an arrest to the offender, the citizen retains his rights:

  • have the necessary conditions for life (food, shelter, medical care if necessary);
  • have protection from law enforcement officers if the health and/or life of the offender is in danger;
  • use a telephone issued to government employees for up to 3 minutes per day;
  • be able to sleep 8 hours a day;
  • use your clothing for its intended purpose;
  • have the things you need for proper leisure (books, newspapers, crosswords);
  • be able to perform a religious sacrament;
  • have the right to receive necessary clothing or footwear (in accordance with legal standards), food products;
  • use at least one hour a day for the offender's legally required walk.

Based on what has been considered, it can be argued that the presence of many rights and short terms of arrest are provided due to the limited circle violations of the Code of Administrative Offenses. For more serious, in particular criminal violations of the order, the punishment is much more severe.