What is administrative arrest and for what traffic violations is it applied?

Violation of a number of articles of the Code of Administrative Offenses of the Russian Federation related to traffic rules is punishable by administrative arrest. These are the maximum sanctions imposed for the most serious offenses within the framework of the topic under consideration, but they can be applied to drivers, and for this reason it is worth knowing in what cases they are possible.

Next, we will consider in detail: when, for how long and who can be detained (administrative arrest) for violating traffic rules. What rights does the arrested person have, where is he imprisoned and is it possible to appeal this type of punishment.

What is administrative arrest? Concept

Administrative arrest is an exceptional form of punishment applied under certain articles of the Code of Administrative Offenses of the Russian Federation, which can only be imposed by a judge. It consists of isolating the offender from society in special places of detention for up to 15 days, and in separately designated cases (Part 1 of Article 3.9 of the Code of Administrative Offences) they can be given up to 30 days.

Under most articles that provide for this type of punishment, administrative arrest is the maximum possible measure and is applied only in cases of very serious violations.

Do not confuse administrative arrest with car seizure, which we wrote about in detail here.

How is it different from detention?

Arrest is a type of punishment, i.e. a measure of influence applicable after consideration of the case, proof of guilt, and the adoption of an appropriate court decision.

Administrative detention is a short-term restriction of freedom, applicable in cases where without this the consideration of the case may go wrong or untimely. The period of administrative detention cannot exceed 3 hours (Part 1 of Article 27.5 of the Code of Administrative Offenses of the Russian Federation), but if the suspect is charged with articles implying administrative arrest, this period can be up to 48 hours (Part 2 of Article 27.5).

This is the main difference between detention and arrest.

The period of detention is taken into account in the total period of the assigned arrest.

Who sets the punishment and on what basis?

Let us repeat that punishment in the form of administrative arrest is imposed only by a judge (Part 1 of Article 3.9 of the Code of Administrative Offenses of the Russian Federation). Law enforcement officers can make an arrest, but it is the court that must consider the case and, considering it necessary, apply the arrest.

To which persons can it not be applied?

The list of these persons who are not subject to administrative arrest is clearly established by Part 2 of Article 3.9 of the Code of Administrative Offenses of the Russian Federation. Administrative arrest, as a type of administrative punishment, cannot be used in the following cases:

• Pregnant women.
• Women with children under 14 years of age.
• Disabled people of groups 1 and 2.
• Minors.
• Called up for military training.
• Certain categories of persons who have certain merits to special services (special ranks of the Ministry of Internal Affairs, Investigative Committee, Ministry of Emergency Situations, etc.).

Let us emphasize that we are talking specifically about persons who are not subject to administrative arrest. In cases of detention, different rules are used.

For what actions can administrative arrest be imposed?

Any Russian should have an idea of ​​what acts such a severe penalty is imposed for. The Administrative Code (Administrative Code of the Russian Federation) specifies the following grounds for making 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);
• failure to comply 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 drugs, violation of public order, or other options.

Minimum and maximum period of administrative arrest

Part 1 of Article 3.9 of the Code of Administrative Offenses defines the possible period of arrest by the concept of “up to 15 days” (in exceptional cases, up to 30, but the examples we are considering do not apply to them). Thus, the maximum period is set at 15 days .

Cases of shorter periods are determined directly by the articles related to traffic violations:

As you can see, for a number of articles there are alternative punishments that can be used instead of arrest. Moreover, administrative arrest is imposed for a period of no more than 15 days, i.e. the court has the right to appoint a shorter period (up to 3, 5, 10 days) of serving the sentence. According to statistics, now the most common sentence is 5 days of arrest.

At the same time, Part 3 of Article 12.8 and Part 2 of Article 12.26 of the Code of Administrative Offenses of the Russian Federation provide an alternative only for persons to whom arrest is not applicable. In other cases, this particular type of punishment will be imposed, and its duration cannot be less than 10 (or more than 15) days.

Only articles of the Code of Administrative Offenses related to traffic violations are indicated. This does not exclude additional punishments if other legal norms were violated at the same time. For example, beatings or damage were caused.

When does the deadline begin?

If the arrest occurs in a courtroom, and before that the perpetrator was at large, the term begins to count from the moment of actual restriction of freedom.

However, it has already been mentioned that the period of arrest includes the time of detention. This means that if the culprit was previously detained and then sentenced to arrest, then the term of the latter will be counted from the moment of delivery (forced transfer - Part 3 of Article 27.5 and Article 27.2 of the Code of Administrative Offenses of the Russian Federation).

Cases of detention of drunk people are separately covered. In accordance with Part 4 of Article 27.5 of the Administrative Code, the calculation of the period of detention of such persons begins from the moment of sobering up, which cannot be more than 48 hours.

For clarity, let's look at an example:

On September 1, a drunk driver was detained, who had previously been deprived of the right to drive a vehicle for a similar offense. He is charged with Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation. It took two days for the suspect to “come to his senses,” then the court, held on September 4, sentenced him to 10 days of arrest. We calculate from what moment the countdown of the period begins:

• On September 1 and 2, the process of sobering up took place. Based on Part 4 of Article 27.5, this period was not included in the period of permissible detention, and therefore subsequent arrest.
• From September 3 until the sentencing, the detention lasted, and on the 4th a sentence of 10 days was imposed. The calculation of this period begins from the moment the period of detention begins to be taken into account, i.e. from 3.09.
• Accordingly, the administrative arrest lasts (3.09 + 10 days) until 13.09.

This is the most confusing situation. Usually the calculation of the arrest period is obvious.

The procedure for administrative arrest of a person in the Russian Federation

Let's look at a common example of the complete arrest process for a traffic violation. Typically, it consists of the following basic steps:

1. Recording of the offense by a traffic police officer (if the violation is recorded on camera, arrest is not permissible).
2. Determination by the official of the possibility of drawing up a protocol on the spot.
3. If the previous step is not possible, a decision is made to deliver the offender (Article 27.2 of the Administrative Code).
4. Drawing up a protocol of detention (Article 27.4 of the Administrative Code), including information about the official and the offender, the place and time of the offense, its essence. The protocol is signed by both parties, and if the offender refuses to sign, this fact is indicated.
5. Transferring the case to court.
6. Court hearing.
7. Making a decision.

Please note that administrative detention is not a mandatory step. After drawing up the protocol, the offender may remain free until a court decision.

Separately, it should be noted that a personal search and search of a detainee’s belongings is permissible on the basis of Article 27.7 of the Administrative Code, and already in the process of serving an arrest, on the basis of Article 6 of Federal Law No. 67.

It is better to involve a professional lawyer at the court hearing so that rights are fully protected. Read about how to ask your question to a car lawyer for free in another article.

How is the trial going?

Police officers deliver the prepared material to the courthouse. If the violator was detained, he is also forcibly brought for consideration of the material. If he was not detained, he must independently appear at the courthouse.

His presence is required. Without it, the judge will not be able to issue an administrative arrest because the officers must immediately deliver the offender to a special detention center.

If the case materials are not completed correctly, the judge has the right to send it for revision.

An administrative case is considered at the place where it was committed, and at the request of the offender - at the place of his residence.

As a general rule, administrative materials received by the court must be considered on the same day. The only exceptions are those cases in which the offender was detained. Then 48 hours are allotted for the trial.

Based on the results of the consideration of the case, a resolution on an administrative offense is issued, a copy of which is given to the arrested person, to a police officer, and for transfer to a special detention center. It can be appealed, but from the place of execution of the punishment.

Rights and responsibilities of an arrested driver

In addition to other legal norms, in Russia there is the already mentioned Federal Law No. 67, which regulates the procedure for serving administrative arrest.

Article 7 of this act establishes the rights of the detainee :

• Obtaining information about rights and obligations.
• Safety, health protection, receiving medical care.
• Polite treatment.
• Handling complaints, suggestions, petitions, etc.
• The secret of correspondence.
• Getting help from lawyers.
• Visits with loved ones (based on relevant legislation).
• Storage of records and documents.
• Self-education, use of books, print media.
• Disposal of own funds, but for services and goods, the list of which is clearly limited by law.
• Religious rituals, if they do not violate internal regulations.
• Telephone services paid for by the arrested person in the amount of up to 15 minutes per day.
• 8 hours of sleep in an individual sleeping place.
• An hour's walk during the day.
• Three meals a day.
• Free provision of writing materials.

The exercise of the rights of an arrested person cannot contradict other laws, norms and internal regulations (Part 2 of Article 7 of Federal Law No. 67).

The duties of the arrested person are specified in Article 8 of the law in question:

• Compliance by the arrested person with the order and norms of the law.
• Standards of hygiene, sanitation, fire safety.
• The rights and freedoms of other citizens cannot be violated.
• Measures that harm one’s own life and health, as well as the life and health of other persons, cannot be taken.
• Careful attitude towards property.

For failure to fulfill duties, additional sanctions may be applied based on the relevant provisions of the legislation of the Russian Federation.

How is serving an arrest?

How and where do you spend 15 days of administrative arrest? Special receivers have been created for arrest. The main purpose of administrative arrest is to isolate the offender from society.

Let us dwell in detail on the rules on the procedure for serving an arrest under the Code of Administrative Offenses of the Russian Federation. The procedure and conditions of detention of prisoners are strictly regulated.

The following requirements are mandatory:

• Persons in need of medical supervision and those who are suffering from an infectious disease at the time of detention must be kept separately;
• Men and women are kept separately;
• Division of convicts into smokers and non-smokers.

The last requirement, by the way, is met extremely rarely. Sometimes there is simply not the required number of rooms in a special detention center for such luxury.

Those arrested must be provided with sleeping places and bedding.

Violators can be held both in group cells and individually in cases where their complete isolation is required.

Every convicted person must have the following property at his disposal:

• Table and chair;
• Wardrobe for storing food and personal belongings;
• Coat hanger;
• Shared bathroom with washbasin, which has cold and hot water;
• Container with drinking water;
• Urn;
• Lighting, ventilation and heating system.

Convicts have the right to an hour-long walk in the fresh air during the daytime once a day.

For this purpose, special detention centers have places equipped for walking. During walks it is forbidden to make noise, damage property and conflict with other prisoners.

Violators can talk on the phone for free for 15 minutes a day. They are provided with three meals a day and at least 8 hours of sleep at night.

Where are other conditions of detention?

Administrative arrest is served in institutions specially created for this purpose . In accordance with Article 3 of Federal Law No. 67, they are divisions of federal executive authorities in the field of internal affairs, financed from the budget.

In common parlance, these institutions are called “special detention centers.” In fact, these can be either separate institutions or combined with other places in which it is possible to isolate the offender from society (in the form of separate blocks).

At the beginning of the term, the violator undergoes a mandatory medical examination to identify parasites and infectious diseases. Persons requiring constant medical supervision must be kept separately from healthy arrestees.

The holding cells are shared, usually designed for 3 to 12 people. The standard area is 4 m2 per arrested person.

Consequences of illegal administration. arrest

Procedural violations can occur in any law enforcement practice. They also happen during administrative detention or arrest.

In these cases, the arrest must be appealed. Since this type of punishment is imposed only by the court, it is necessary to appeal to higher courts. The complaint must be sent within 24 hours after its receipt (Part 2 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation).

This is a rather labor-intensive process, the essence of which depends both on the offense and on the body that made the mistake (exceeding its authority). It is almost impossible for the most unprepared person to cope with this – it is necessary to involve a professional motor vehicle lawyer in the procedure.

Our lawyer selection system works around the clock and is completely free. To use it, you just need to follow a few simple steps:

1. Describe the essence of your question using the form below.
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3. Get a response from a lawyer.

Next, communication between the client and lawyer moves to a personal level. All further information passes only through them, without the participation of our system.

Is the reason for failure to appear important or not?

If an employee is detained or arrested, then even with his best wishes, he will not be able to go to work for some time. Therefore, many employers will have a question whether this absence is considered absenteeism or not.

Arrest (detention) is a valid reason for absence from work. Thus, the servants of Themis indicate that arrest does not apply to disrespectful reasons for an employee’s absence from the workplace, since in this case nothing depends on his will, desire or unwillingness to fulfill his work duties (resolution of the Presidium of the Moscow Regional Court dated October 13, 2004 No. 631) . It is also noted that the detention or arrest of a person is carried out for committing illegal actions that are not related to disciplinary offenses, for which the employer can apply disciplinary sanctions.

Accordingly, such absence will not be considered absenteeism, which means that disciplinary sanctions, in particular dismissal, cannot be applied to the employee. However, there is no need to pay for the period of arrest.

Based on Article 129 of the Labor Code, wages are remuneration for the employee’s work. Since the arrested person cannot perform his duties, there is no basis for calculating his wages. An exception may be work during house arrest. When a preventive measure in the form of house arrest is chosen against a person, the judge’s decision indicates whether the arrested person can leave the house, use a computer, whether Internet access is allowed, and so on. Thus, if an employee is allowed to communicate with colleagues, use the telephone and the Internet, then with the permission of the employer he can work from home and receive a salary for it. Also, people under house arrest are sometimes allowed to attend work.

It is worth noting that the employee retains his average earnings if the period of arrest coincides with non-working periods for which the average earnings are retained (for example, with annual paid leave).

Reference

Based on the provisions of Article 121 of the Labor Code, the period an employee is under arrest is included in the total vacation period, since the reason for absence from work is valid. Also, according to the Regulations on the specifics of the procedure for calculating benefits (approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375), the time of arrest is included in the calculation period for payment of benefits.