Conversation with the police. How to talk to the police

Police in Russia are sometimes more afraid than bandits. Their methods of work and motives sometimes become causes for scandals in the media. We will not delve into the reasons now, but will try to figure out what to do when problems with the police directly affected you, and how to behave with law enforcement officers.

Remember: you can’t be rude to the police, you can’t yell at them, you can’t beat or bite them. For "disrespect" or a fight, you can leave to cut the forest with a jigsaw for 10 years. Because you just hit a government official. Be polite.

You can be stopped for identification - to check the documents. This happens if you look suspicious, approach according to your orientation, or break the law in front of a policeman. The policeman is obliged to introduce himself, show the certificate, and it must have a badge on it. All human rights activists insist on the full observance of this procedure, and if the employee missed some point, he supposedly needs to be reminded of this. Don't do nonsense. The chance that a fake police chief will stop you is extremely low, and with your show off, you will only anger him, and an ordinary document check can turn into long ordeals. Remember: a police officer who is annoyed with you will throw out his displeasure at you, while remaining within the law. You need to download rights only when they are brazenly violated.

The police have no right to search you without witnesses. A personal search without witnesses, but video recording is also not considered. Keep in mind: often familiar employees or interns with investigators act as witnesses, and they, if necessary, will sign under anything. There must be at least two witnesses.

Police without witnesses can only conduct an external examination. The phrase "turn out your pockets" is also quite legal, as is the refusal to show what you have with you. When you yourself show what you have, it's not a search - it's you voluntarily. Therefore, if you do not have anything forbidden with you, it is better to obey the requirements.

If you are sure that you are completely clean before the law, and you feel that the police are doing something wrong, you can start filming them on camera, this is not prohibited. But be aware: it irritates them greatly.

You can be taken to the department for 3 hours until your identity is clarified - they punch your full name. on a special database. Therefore, if you, for example, do not have a passport and start trying to hang noodles on their ears from fake passport data, this will not work - you will be taken to clean water.

If you were detained for an offense, a protocol is drawn up, which says that you, such and such, committed desecration of the monument to Lenin on the square. Either he smoked at the bus stop, or walked with a bottle of beer with a greyhound gait along the avenue. Always read the protocol carefully before signing it, and cross out all the remaining empty columns, for example, with the letter Z.

If you've been arrested for something serious, shut up. You have the right to testify, but you don't have to. And you have the right to call. Call your parents or relatives, say which department you are in, and let them call a lawyer. Demand to break a piggy bank or take a loan, get into debt and sell a car: you cannot defend yourself without a legal education and knowledge of all the intricacies of criminal and criminal procedure law. And when you see your lawyer, and he says that you have a mole on your left half-butt, here you are with him and make up a further line of defense. What, to whom and how to speak.

In no case do not settle for a lawyer by appointment - a free public one. For his work, he receives 500 rubles a day, so he doesn't care about your fate. The only thing he will advise is to confess everything, to sign everything.

You probably did not see in the article a complete and legally confirmed guide to actions during the verification of documents and detention, but this has already been described a hundred times by human rights activists in their articles. But they, as a rule, give you advice based only on the peculiarities of the legislation. We want to make it clear to you: laws sometimes go wild, and things take a completely unpredictable turn. Therefore, in order to be fully prepared for a meeting with the police, also study the articles of lawyers on this topic.

The tips in this article are for guidance only!

Imagine a situation - you are walking down the street and a policeman approaches you for some reason. Remember - you do not have to prove anything to anyone, not even to a police officer. Every citizen is subject to the presumption of innocence, i.e. you do not have to prove that you are not guilty of anything. Unless, of course, you are currently committing a clear crime, this situation requires an immediate police response.

According to article 212.4 of the Charter of the PPS (patrol and guard service), a police officer does not have the right to restrict your freedom in any way until he explains to you the reason. This is very important - even if you know all the laws, but when dealing with a policeman you get scared and take a passive position, then it will not be difficult for a law enforcement officer to subdue you and get everything he needs. Be brave, show the police officer that you know your rights and it's not easy to "split" you. But at the same time, you should not go too far, the police do not like very “smart” people and will find a thousand reasons to detain you.

1. Ask a police officer to introduce himself to you.

Before fulfilling any requirements of a police officer, ask him to introduce himself to you, as required by paragraph 228 of the Charter of the PPS. You have the right to ask the policeman to show you his ID. If you feel that “the case smells of fried”, rewrite his full name, ID number and the name of the police department in which this employee serves. In which case, this data can be very useful to you in the future.

Actually, after a request to show an ID, as well as your intention to overwrite the employee’s data, your conversation with the policeman may be over for several reasons:

- if the policeman feels that his demands towards you are illegal, then he most likely will not want to show you his certificate and waste time on a competent citizen;

- A police officer can be assigned to a completely different area of ​​the city. Typically, PPS officers should patrol only in a strictly designated area in the same area where the department to which they are assigned is located.

- a police officer may simply not have a certificate with him.

Even if everything is in order and the policeman showed you his ID, allowing you to rewrite the data, the advantage will be on your side - the police officer will behave much more carefully and attentively towards you, because. he has already lost his anonymity.

2. Share police details with friends or family

If you manage to call and if you give the police officer's details to someone, then the conversation can also be ended for all the same reasons - if the policeman's demands against you are illegal, then the police officer will not take risks, because. revelation is inevitable. Well, most likely he just does not want to mess with you.

In addition, your communication with a police officer will no longer be "confidential", and in which case your friends or acquaintances will be able to confirm the fact of your communication with a particular police officer.

3. Be sure to find out for what reason they contacted you.

The police officer must tell you why he is contacting you. If the purpose of your communication is to check documents, then be aware that a police officer has the right to check your documents only if there are sufficient grounds to believe that you have committed a crime or are wanted (Article 11, paragraph 2 of the Law "On Police" and paragraphs 271 and 271.2 of the Charter of the teaching staff).

Also, PPS employees do not have the right to check your registration or registration. This is the prerogative of district police officers and employees of the Federal Migration Service.

The policeman is obliged to explain to you each of his requirements and to support these requirements with references to regulations and laws. This is the requirement of Article 5 of the Law "On Police":

Article 5. Observance and respect for the rights and freedoms of man and citizen

1. The police carry out its activities on the basis of observance and respect for the rights and freedoms of man and citizen.

2. The activities of the police that restrict the rights and freedoms of citizens shall be immediately terminated if a legitimate goal has been achieved or it has become clear that this goal cannot or should not be achieved by restricting the rights and freedoms of citizens.

3. A police officer is prohibited from resorting to torture, violence, other cruel or degrading treatment. A police officer is obliged to stop actions that deliberately inflict pain, physical or moral suffering on a citizen.

4. When addressing a citizen, a police officer must:

1) name their position, rank, surname, present an official certificate at the request of a citizen, and then state the reason and purpose of the appeal;

2) in case of applying measures to a citizen that restrict his rights and freedoms, explain to him the reason and grounds for applying such measures, as well as the rights and obligations of a citizen arising in connection with this.

5. If a citizen applies to him, a police officer is obliged to name his position, rank, surname, listen to him carefully, take appropriate measures within his powers, or explain whose competence includes resolving the issue raised.

6. Information obtained as a result of the activities of the police about the private life of a citizen may not be provided to anyone without the voluntary consent of the citizen, with the exception of cases provided for by federal law.

7. The police are obliged to provide every citizen with the opportunity to get acquainted with documents and materials directly affecting his rights and freedoms, unless otherwise provided by law.

At this stage, your conversation may also end, because. the policeman may not have sufficient grounds for certain demands against you.

By following these simple steps, you will show the police officer that you are well aware of the laws and your rights. Thus, there is a high chance that the policeman will leave you alone.

But a police officer may demand documents from you on the basis that you allegedly look like a criminal for whom he has an orientation. The law, unfortunately, does not define in any way what exactly the grounds for this should be, so here it is better to obey its requirements and show your documents.

4. Show your document and don't let go of it.

The laws do not have an exact list of documents that are an identity card. According to many lawyers, this can be a passport, driving license, student card, etc. But still, the passport is the main one among them. To get started, try presenting the document that you have with you (in addition to your passport). In 90% of cases this will be enough. If the police officer demands a passport, then it is better to obey and show it. Do not let go of your document, because an unscrupulous law enforcement officer can seize your document, thereby completely subjugating you. Remember that the seizure of a passport can be made only in strictly defined cases - detention, sentencing to imprisonment (Article 19.17 of the Code of Administrative Offenses, Article 21 of the Regulations on the Passport of a Citizen of the Russian Federation). If you do not have any documents with you, the police officer has the right to take you to the department (and detain you for three hours - Article 27.5 of the Code of Administrative Offenses of the Russian Federation) to determine your identity. Therefore, we advise you to always carry an identity document with you.

5. Inspection should be carried out only with attesting witnesses and with the preparation of a protocol.

If it is impossible to avoid the inspection of your personal belongings, then require the obligatory presence of attesting witnesses and the preparation of a protocol. At the same time, witnesses must be of the same gender as you. Inspection does not imply complete damage to your belongings. This applies to any inspection - from a request to show the contents of the bag, to a complete search of all your belongings.

With attesting witnesses, it will be very difficult to plant anything for you. If suddenly you feel that something has clearly been thrown into your pocket, then do not pretend that you have noticed this and in no case touch this object. In the protocol of detention, in the column “Do you have things that do not belong to you”, indicate that in such and such a pocket you have an object that a police officer put there when you were detained. In the future, it will be problematic to prove that you yourself put this item in your pocket, because. there are no your fingerprints on it, and you could not put an object in your pocket without touching it.

There was a general opinion that any police officer who stops you for a banal document check is necessarily bad and wants money. But it's not. When communicating with a police officer, a polite tone is important. Politely ask to introduce yourself, show identification, explain the reason for the appeal. Show law enforcement that you know the laws and are aware of your rights. But in no case should you be rude to a policeman, “too actively” remind you of laws and rights. The police do not like "very smart" citizens and may detain you.

High risk of being stopped by a police officer in the following cases:

- if you are poorly and carelessly dressed;

- if you are able alcohol intoxication;

- if you are carrying a large bag or box;

- if you are not of Slavic appearance and look like a foreigner;

- if you break the law (drink beer in the wrong place, etc.);

- if you are being too suspicious.

Where to complain

If illegal actions are committed against you by police officers, then call "02" (or 112 on your mobile phone) and say that an offense is being committed by people in police uniform. Or you can call the local branch of the Internal Security Department of the Ministry of Internal Affairs. Find out this phone in advance and add it to your phone book. Describe the situation in detail to the duty officer, name the employee's full name, his number (if you know this data). Demand urgent action. After that, you can apply with an application to the CSS Ministry of Internal Affairs. All appeals of citizens are considered, and if the facts are confirmed, measures will be taken.

A law enforcement officer approached you on the street. How to act in such situations, how to behave when talking with a police officer and what legal norms you need to know to protect your civil rights and interests?

Imagine the following situation: you are walking down the street and suddenly, right in broad daylight, a policeman comes up to you. Of course, if you have done something illegal, it is quite natural. If there are no obvious reasons for close attention to your person from the police, then you should know that you should not make excuses and give any explanations to anyone. Every person is considered innocent of any act until irrefutable evidence of his guilt is found or a guilty verdict is announced in court. This rule is called the presumption of innocence.

However, the risk of being stopped by a police officer is quite high:

■ if you are poorly or carelessly dressed;

■ if you are under the influence of alcohol;

■ if you are carrying a large bag or box;

■ if you look like a foreigner;

■ if you break the law (drinking beer in the wrong place, etc.);

■ if you are being too suspicious.

Without explanation of the reasons and reference to legislative acts, a law enforcement representative does not have the legal right to restrict your freedom or apply other measures of influence. This is stated in paragraph 212.4 of the Charter of the patrol service, approved by order of the Ministry of Internal Affairs of the Russian Federation of January 29, 2008 No. 80 (hereinafter - the Charter of the PPS), and Art. 5 of the Law of the Russian Federation of April 18, 1991 No. No. 1026‑1 “On the Police” (hereinafter referred to as the Law on the Police). In such cases, the law is on your side.

Remember also that if you get scared, then the police can easily force you to lay out all the information that you have. So if you see something wrong, don't panic. You have rights, and any police officer must respect them. Be assertive, but do not forget that excessive emotionality and rudeness can be regarded as resistance to law enforcement and provoke detention.

Instructions for action

Below I will describe in detail how to act in such situations.

1. Ask to introduce yourself.

The first thing to do is to ask the policeman to present documents proving his identity and position. This is done at the very beginning of the conversation, before the law enforcement representative asked you to comply with any of his requirements.

According to paragraph 228 of the Charter of the teaching staff, at your request, the policeman is obliged to present his documents. Failure to comply with this request should alert you. If you were shown a document, you can write down the data of this police officer for insurance purposes (they can be very useful in the future).

In some cases, your conversation with the policeman may end at this stage.

• If the police officer who stopped you realized that you know your rights and will not succumb to his provocations, he can let you go without showing any documents. The police do not want to waste time on people who know the laws, because the streets are full of those who are not aware of their rights.
• It also happens that a dishonest policeman, in search of profit, prowls around different parts of the city. If he shows the documents, you can detect this and report it to his department, which will not only do him no good, but also hurt him greatly. In this case, you will also be released without presenting a certificate.
• It also happens that the policeman simply forgot his documents. Without an identity card, he will let you go.

After the police officer shows his documents, he will treat you with more caution, because you can use the information that you received.

1. Give the police officer's information to a friend or family member.

To get rid of unnecessary problems, call a relative or friend and dictate to him all the personal data of a law enforcement officer. In this case, it will be much easier to prove the illegality of the actions of the policeman. As a result, in order to avoid liability for official violations, he will certainly let you go, or at least begin to behave with you more carefully.

1. Find out why you were contacted.

Ask what question you are being asked about. Even a banal verification of documents without any special reason is illegal. The police officer has the right to check your documents only if he believes that you could have committed a crime or are wanted. In this case, the actions of a law enforcement representative will be lawful (clause 2, article 11 of the Law on Police and clause 271.2 of the Charter of the PPS), so it is better to present the document.

The police officer who disturbed you must not only explain each of his actions, but also refer to regulations that confirm the legality of these actions. So, in Art. 5 of the Law on Militia says: "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."

Oddly enough, you can again be released without explanation: the police officer simply cannot figure out what he needs from you.

By adhering to these simple rules, you may well fight back an annoying policeman. In other words, if you demonstrate that you are well aware of your civil rights and obligations, your chances of being left alone will increase.

1. When presenting documents, do not let them out of your hands.

However, there is a loophole in the legislation that allows police officers to abuse their powers. Demanding that you show documents, the policeman may refer to the fact that he received an orientation for a criminal whom you allegedly look very similar to. The law in this case is powerless. So all you have to do is present your documents.

An identity document can be not only a passport, but also a student ID, driver's license or work ID. Usually it is enough to show any of these documents, but if the policeman wants to see your passport, show it.

Never give your documents to a police officer, especially if you suspect that he will not leave you alone after that. Show the document without letting go, otherwise you risk losing the document and thus will be forced to obey the will of an unscrupulous police officer.

Remember that a passport can only be confiscated from a person taken into custody or sentenced to deprivation of liberty (Article 21 of the Regulation “On the Passport of a Citizen Russian Federation”, approved by the Decree of the Government of the Russian Federation of July 8, 1997 No. No. 828 (hereinafter referred to as the Regulation on the Passport)). Otherwise, such actions in accordance with Art. 19.17 of the Code of Administrative Offenses of the Russian Federation can be qualified as an administrative offense by a police officer.

In order not to find yourself in a stupid situation, and even more so not to get into the department for identification, it is better to always have an identity document with you. After all, in the absence of any documents, you, in accordance with Art. 27.5 of the Code of Administrative Offenses of the Russian Federation you can spend three hours in the police.

1. How to behave if a policeman wants to inspect personal belongings and it is impossible to avoid this procedure?

To begin with, require the presence of attesting witnesses during the search. This is your legal right. In addition, during the inspection, all actions taken must be recorded in detail in the protocol. Witnesses must be of the same gender as you. According to Art. 27.7 of the Code of Administrative Offenses of the Russian Federation, during the search, damage to your property is not expected, and this provision applies both to a request to present the contents of the bag, and to a full search of your belongings.

With attesting witnesses, it will be very difficult to plant anything for you. If you suddenly feel that something has clearly been thrown into your pocket, do not pretend that you have noticed this and in no case touch this object. In the protocol of detention, in the column “Do you have things that do not belong to you”, indicate that in such and such a pocket you have an item that the police officer put there during the arrest. In the future, it will not be easy to prove that this item belongs to you, since it does not have your fingerprints on it.

There was a general opinion that any police officer who stops you for a banal document check is simply looking for something to profit from. However, there is a chance that you really look suspicious or resemble some kind of criminal from a distance. When communicating with a police officer, it is important to maintain a polite tone. Politely ask to introduce yourself, show a certificate, explain the reason for the appeal. Demonstrate to law enforcement that you know the laws and are aware of your rights. And most importantly - do not be afraid! The policemen immediately see who is afraid of them, and begin to put pressure on them. And if they see that you are calm, then the conversation will go completely differently.

Under no circumstances be rude to a police officer. Also, do not be too active in reminding about your rights. Police officers do not like "very smart" citizens and may detain them.

I want to draw your attention to the fact that the advice given in this chapter is purely advisory in nature.

Where to complain

If police officers commit illegal actions against you, call 02 (if you use a mobile phone, dial 112) and report the incident. Describe the situation in detail to the duty officer, give the employee’s last name, first name and patronymic, as well as his personal number, if you know this data. Demand urgent action.

You can also call the local branch of the Department of Internal Security of the Ministry of Internal Affairs of the Russian Federation (addresses and telephone numbers are given in the chapter "Addresses, passwords, appearances"). All appeals of citizens are considered, and if the facts are confirmed, measures will be taken.

The most ordinary citizen may encounter a police officer in the most ordinary situation. For example, a police officer came up to you on the street to check your documents or your neighbors thought you were having a fight and called the police. All this sometimes leads to an administrative offense report and detention. For information on what to do in this case, you can find out from our instructions at the link. .

But what if, after the arrest and drawing up of the protocol, the policeman decided to leave you in the department until the trial? How to behave and what to do?

In what cases does the policeman have the right not to let me out of the department and detain me until the trial?

The law expressly states that administrative detention may be applied in exceptional cases.

Exceptional cases are (Article 27.3 of the Code of Administrative Offenses of the Russian Federation - Code of Administrative Offenses of the Russian Federation) :

1. if it is necessary to ensure the correct and timely consideration of an administrative offense case - for example, if there is reason to believe that you will intimidate witnesses or

2. to enforce the order - if the court decides to impose a sentence of arrest or expulsion from the country, but the police have evidence that allows you to claim that you can abscond until the execution of the sentence.

On a case-by-case basis, the police obliged explain why it is necessary to detain a person at the police station until the trial and why it is impossible to confine oneself, for example, to an obligation to appear.

What to do if you did not have documents with you at the time of detention?

There is nothing wrong with this. Not a single legal act, in principle, obliges a citizen to carry a passport or other identification document with him. No passport is by no means grounds for detention. To draw up a protocol, the police can identify you from your words, and you always have the right (but not required!) explain the absence of the document by the fact that paragraph 17 of the "Regulations on the passport of a citizen of the Russian Federation" obliges the citizen to carefully store it.

How should I behave if I was drunk at the time of detention?

Just like always - correct and polite. By itself, the presence of alcohol in the blood is an offense, but you may be taken to a medical facility for examination, which, however, you can legally refuse (Section 19, paragraph 8, part 5Federal Law of November 21, 2011 No. 323-FZ “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”).

Important! This rule does NOT apply to drivers. They are required to undergo an inspection at the request of the traffic police.

It is useful to know that the norm of the law establishing the term of administrative detention of a drunkard from the moment of his sobering up, was found to be unconstitutional. That is, there were cases when a detainee could be held for more than 48 hours: they were detained drunk, then they waited until he sobered up and from that moment the period of detention was counted. As a result, it turned out that the citizen spent almost a day longer.

This practice is prohibited (decree of the Constitutional Court of the Russian Federation dated November 17, 2016 No. 25-P). For example, if a drunk citizen was detained for petty hooliganism on New Year's Eve on January 1 at 3 a.m. and he sobered up only by 10 a.m., the police, if there are grounds, have the right to detain him only until 3 a.m. on January 3, when 48 hours have passed, despite the fact that for 7 hours the citizen was intoxicated, which prevented the execution of procedural documents (for example, a protocol on an administrative offense).

Can my personal belongings and mobile phone be taken away from me?

Yes. Firstly, the legislation provides for the seizure of things that were instruments of an administrative offense (this is what the offense was committed - for example, it can be an enameled bowl if you hit a person with it) or objects of an administrative violation (what the illegal act is aimed at - e.g. item stolen from a shop).

Secondly, documents that have weight as evidence in the case of an administrative offense may also be seized.

Thirdly, things can be confiscated from the detainee when placed in a cell.

Can a policeman close me in a cell?

Yes. In accordance with the provisions of Article 27.6 of the Code of Administrative Offenses of the Russian Federation, detainees are kept in specially designated premises. But you should be aware that it is forbidden to place in the cells persons with illnesses (injuries), whose condition is defined as “moderately severe” or “severe”, persons suffering diabetes, pregnant women, as well as adults who have children under the age of 14 with them, if it is impossible to transfer them to relatives or other legal representatives.

Some difficulty lies in the fact that in the absence of obvious signs of illness or pregnancy, the conditionally “special status” must be confirmed with documents, or confirmation should be received by phone or in writing from a medical institution. It is also possible to do this on the basis of a medical report issued after the arrest: call an ambulance team for the doctors to conduct an examination.

It is worth remembering thatthe cells separately contain men and women, as well as minors and adults. Ifthe detainee has signs infectious disease, then it also cannot be kept with other citizens.

How long can I be held?

The term of administrative detention should not exceed three hours, but in some situations you may be detained for 48 hours, for example, if the offense with which you are accused provides for arrest as a punishment (Article 27.5 of the Code of Administrative Offenses of the Russian Federation). That is, if you can be sentenced to arrest by the court as a punishment for an offense, then BEFORE the trial, you can be detained for 48 hours. But not more!

Even if you are eventually sentenced to arrest on the merits, the time you have already spent in the cell should be counted towards the sentence. In other words, if you were held for a day before the trial, and then sentenced to two days of arrest, you must sit straight for a day.

The main thing to remember is thatpolice officers cannot automatically deliver citizens to the police department and hold them until the trial.

Although Article 27.3 of the Code of Administrative Offenses of the Russian Federation does not provide for exceptions to the terms of detention, the position of the Constitutional Court of Russia on this matter is unshakable: if arrest cannot be chosen as a punishment for a citizen, then the term of administrative detention should not exceed three hours (determination of 12/08/2015 No. No. 2738-O).

It is impossible to keep pregnant women, women with children under the age of fourteen, teenagers under eighteen, disabled people of groups I and II and other categories of citizens listed in Article 3.9 of the Code of Administrative Offenses of the Russian Federation for more than three hours.

Should I be provided with water and food?

Yes, persons detained for more than 3 hours are provided with food, and also have the right to receive basic necessities (hygiene kits) and food from relatives and other persons.

The conditions and procedure for the detention of persons detained for an administrative offense are established by Decree of the Government of the Russian Federation dated October 15, 2003 No. 627 “On approval of the Regulations on the conditions of detention of persons detained for an administrative offense, nutritional standards and the procedure for medical care of such persons.”

In addition, nutritional standards are established by the Decree of the Government of the Russian Federation of April 11, 2005 No. 205.

Unfortunately, the rights of detainees in terms of food are respected "with a scratch." If you are detained late in the evening, you most likely will not receive any dinner. The human factor plays a big role here: it happens that police officers share their own food, for example, a spare portion of instant noodles. But this is the exception, not the rule.

What if I got sick?

You must call an ambulance. In accordance with Article 41 of the Constitution of the Russian Federation everyone has the right to health care and medical care and the concealment by officials of facts and circumstances that pose a threat to the life and health of people entails liability in accordance with federal law, including criminal liability.

Medical care for detainees is carried out in accordance with the provisions of Federal Law No. 323-FZ of November 21, 2011 “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation”.

That is, if necessary, the policeman calls an ambulance or other doctors from hospitals / polyclinics of city or federal subordination. They must examine the detainee, fill out a “call card”, and if necessary, they will be hospitalized in a hospital.

What if the cop won't let me go to the bathroom?

Police officers are required to take detainees to the toilet at their request and one at a time (paragraph 12 of the Regulations on the conditions of detention of persons detained for an administrative offense, nutritional standards and the procedure for medical care for such persons, approved by Decree of the Government of the Russian Federation dated October 15, 2003 No. 627 ).

If you are not allowed to use the toilet, it is worth reminding the police of their duty to accompany you for natural needs.

What should I do if I called a lawyer and they won't let him in?

Be sure to indicate the fact of violation of your rights in all procedural papers that are drawn up with you. This is especially true of the protocol on an administrative offense.

No need to refuse to sign the protocol! It is better to write in it that your defender was not allowed to see you, despite his actual presence.

If possible, do not write too much. Don't give any explanation - anything can be used against you. Write only about the violations that were committed in your case: they did not introduce themselves during the arrest, they did not explain their rights, they did not let a lawyer in! Give any explanations only in the presence of a lawyer. So it should be stated.

Violation of your rights to defense by your chosen lawyer or advocate may later become the basis for dismissal of the administrative offense case and finding you not guilty.

If I was left overnight, should I be given a pillow and blanket, clean linens?

Persons detained for more than 3 hours are provided with a place to sleep at night. Decree of the Government of the Russian Federation dated April 11, 2005 No. 205 approved the norms for the supply of bedding and bed linen, which suggest that a person should be given a blanket, mattress, pillow, sheet, pillowcase and towel. Women should additionally be provided with a separate hygienic towel.

Any person on the street can be approached by a police officer. Sometimes this is a request to become understood, to show documents or to seek help if they are looking for a criminal or witnesses to a violation. But there are more serious reasons: a personal search, a demand to leave some place, and even detention.

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At any meeting with the police, it does not hurt to know your rights and use them correctly. We wish you that this article will never come in handy, but if suddenly a policeman approaches you on the street, here is the simplest instruction for such a case.

The law is harsh, but this is Russia, baby

We love Russian laws, but not all law enforcement officers agree with us. This document contains your rights under the law, but what the meeting with the policeman will be like in reality, we cannot predict. God bless you.

The right to find out the position, rank and surname of a police officer, to see a service certificate

How it works. If a police officer is on duty and approaches anyone for any reason, the first thing he should do is introduce himself. By law, it is necessary to report the position, surname and rank. You can ask the policeman for an official ID, he is obliged to show it upon request.

If you yourself approach the policeman, he must also introduce himself. Employee data can be recorded.

The right not to carry a passport and other documents

How it works. There is no requirement in any law that an ordinary person who goes to the store, to work or walks with a child, has a passport with him. That is, the policeman may ask for documents for verification, but if you do not have them, you are not violating anything. This is not a reason to detain you or fine you. You can simply say that you don’t have your passport with you, he is at home or in the car.

But even here there is a fine line: if there are grounds for checking documents or you need to find out your identity, the policeman can take you to the department to establish your identity there. For this, specific reasons are also needed, but it is always easier to show at least something: military ID, rights. They are not allowed to take the passport.

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Right to be treated with courtesy

How it works. A police officer is obliged - precisely obliged under federal law - to communicate with any person politely, respectfully, on "you", without rudeness. Even if you violated something, they cannot tell you: “Hey, you, come here, do you know what will happen to you?” There should be no swearing, discrimination based on nationality, disrespect for cultural traditions and religion. Body searches can only be carried out by persons of the same sex.

If a police officer is rude, threatens, takes away documents and uses force for no reason, all this can be recorded and then used against him. But this is so according to the law and regulations. If you do not take into account controversial situations with violations and detentions during riots, it never hurts to make a remark to the policeman, recalling his obligations under the law. This will at least help to pull the presumptuous employee who decided that he can communicate on "you", threaten and demand documents without reason.

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The right to know the reason for the appeal and verification of documents

How it works. A police officer cannot just ask you to go to the police station or show your passport to verify your identity. Any request must have a reason. Even for checking documents, there is a clear list of reasons, and just the curiosity of the policeman is not mentioned there. The second action of any policeman who wants something from you is to explain why he stopped you and why he needs your documents.

How it works. If a police officer violated your rights - rudely treated, used force, disclosed a secret of private life, detained without reason - then under federal law he is obliged to issue a formal apology. Moreover, this is done publicly and in writing - well, or as the offended citizen wishes. They can send a letter to him at work or at the institute.

The Ministry of Internal Affairs even has a special order on how to apologize. And it really works. If you write a complaint or the court finds that the policeman has violated the rights, he is obliged to apologize within a maximum of a month. There are cases when a policeman cursed and then apologized for it. And he was also reprimanded. Apologies will come in handy if at work they found out that you allegedly violated something, you were detained or suspected of something, and then it turned out that everything was groundless.

The right to explain one's actions or not to say anything

How it works. The policeman is obliged to listen to explanations: why a person got into a protected area, got into a fight or does not pay alimony. This does not mean that explanations will help avoid a fine or detention, but they will help mitigate the punishment. But there are times when you don't want to say anything. It has every right under the Constitution.

The refusal to testify against oneself and relatives should not be confused with failure to appear in court as a witness, if it is not about a relative. For this, they can already be punished under the criminal code.

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The right to keep private information confidential

How it works. When the police check something, file a violation case, or investigate a crime, they can learn someone's secrets. For example, the car may indeed be similar to the one that is wanted, and it was stopped legally. But a person goes there not with his wife, but with a girlfriend, with whom he would not like to make his relationship public. During the check, it turned out that everything was in order with the car, but the policeman could not go and write on social networks who he stopped today and what he saw interesting in the car during the search.

Information about private life that cannot be disclosed is information that relates to a specific person, concerns him, is not controlled by society and the state, and in which there is no violation of the law. If someone does not pay taxes or beat up a cafe visitor, this is not private life. But if the same person has a mistress or has three illegitimate children, this is already a private life.

The police officer can find out this information, but cannot disclose it without the consent of the person. For this, you can demand an apology, compensation, and in general. Although, as usual, there is a fine line between what you can do and what you are punished for.

The right to refuse to be understood

How it works. Anyone can be asked to be understood. Just come up on the street and say: "We need an attesting witness, take a couple of minutes - there is a search of the car with a seizure." But to be understood is a right, not a duty. If the police officer made such a request, you can refuse. You will not be punished for this, and you cannot be forced.

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The right to draw up a protocol during detention, seizure and search

How it works. Let's say the policeman found reasons to detain you or conduct a personal search. The reasons for this are easy to find. But each such action should be accompanied by a protocol - before, not after. The protocol should indicate all the circumstances, then it will come in handy. For example, the time of detention should be indicated there, because there is a limit: how long a person can be detained and from what time this period can be counted.

Without a protocol, they cannot inspect the car, take away some papers, a flasher, or issue a fine. The protocol notes the data of attesting witnesses, witnesses and the circumstances of the case. Always ask for the protocol and read it carefully. There is no protocol - your rights are violated, this is a reason to cancel the punishment.

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• How to inspect a car

The right to study the protocol and leave comments

How it works. The protocol must be signed by the person in respect of whom it is drawn up. You can study it as long as you like and leave any comments there. It is possible not to sign, but it is better not to do so.

If you do not sign the protocol, they will simply make a note about it: "Refused to sign." But this will not invalidate the protocol and will not interfere with the punishment. Sometimes the police use this: they put the wrong time, indicate witnesses, although they were not there. In principle, a police officer can generally draw up a protocol quietly and indicate that they did not want to sign it. It will be difficult to challenge: where is the evidence that you did not see, and did not refuse? So far this issue has not been resolved. It is better to read everything, leave comments, put dashes and signature. And be sure to ask for a copy for yourself.

The right to receive information and examine documents

How it works. The police officer must not only state the reason for the appeal or detention, but also explain what rights you have in a particular situation. For example, that you can not testify against yourself, that you can be detained for a maximum of three hours. Or that you have the right to a lawyer and a call. You can find out what is with your application, read the minutes and get acquainted with the results of the examination.

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Right to a lawyer

How it works. From the first minute of communication with the police, you have the right to use the services of a lawyer. You can say nothing and show nothing until a lawyer arrives. It's always best to have the phone number of a lawyer you trust or have been recommended to you. And in any incomprehensible situation, call him. Sometimes this acts magically on the police: they begin to talk differently, and the claims disappear by themselves.

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The right to call relatives

How it works. If a policeman just approached you on the street, he still does not detain you and does not present anything. You can call whoever you want. If you are detained, your rights and freedoms are limited. But you still have the right to one phone call: you can make it within three hours after the arrest or ask the policeman to tell your relatives what is wrong with you and where you are.

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The right to a warning about the use of force or special means

How it works. The police can use physical force, a baton and even weapons. But not when he wants, but if it is allowed by law and instructions.

For example, if a person demands to invite attesting witnesses during the search or takes a police officer on camera, this is not a reason to forcefully pull him out of the car and beat him with a truncheon. Force can be used only if it is necessary to prevent a crime, deliver the violator to the police station, or he opposes the lawful demands of the police officer. At the same time, the employee must first warn about the intention to use force, give time to fulfill the requirements - and only then do something.

There are separate requirements for special equipment: stun guns, tear gas, water cannons, service dogs. Even stricter with weapons. Do not use force against pregnant women, children and the disabled. You cannot disperse a peaceful demonstration or a legal rally where no one violates anything.

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The right to participate in rallies and demonstrations, if they are agreed

How it works. According to the law, the police may ask the participants of an illegal rally to disperse. For example, if it interferes traffic or there is danger to other people. But if the rally is agreed, the authorities gave permission to hold it at this time and in this place, no one violates the law - people peacefully walk with posters, arrange actions, do not harm other people's property and do not attack anyone - the demand to leave the place of demonstration is illegal. Rallies and marches are not prohibited - you can participate in them, but you need to properly organize them.

How it works. You can complain about the actions and inaction of a police officer to his superiors, to a higher authority, the prosecutor's office or the court. If your rights are violated, you do not have to put up with it. Inspection without protocol, obscene words during communication, physical force without warning, detention without reason, demand for a bribe - all this is a reason for complaint.

In a complaint, the authorities can be asked to sort out the situation and take action against the guilty employee. And in court, you can demand to recognize actions and inactions as illegal - this is a reason for compensation.

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Worked on the material

Author - Ekaterina Miroshkina, editor - Maxim Ilyakhov, production editor and layout designer - Evgenia Izotova, photo editor - Maxim Koposov, information designer - Zhenya Sofronov, editor - Anna Lesnykh, proofreader - Alexander Salita