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.

The procedure for imposing punishment in the form of arrest

The basis for an arrest for violating traffic rules is a protocol drawn up by traffic police officers. If the violation is detected by photo or video cameras, the specified sanction is not applied.

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The prosecution process is as follows:

• violation of traffic rules is detected or suppressed (for example, when stopping a car on the road);
• a protocol is drawn up describing the elements of the offense, articles of the Code of Administrative Offenses of the Russian Federation;
• if the driver does not have documents with him, he may be detained to establish his identity (the judge is obliged to consider the case against the detainee within 48 hours, and the entire period of detention will be counted as arrest);
• administrative material is sent for consideration to the court (the violator informs about the place and time of the meeting when signing the protocol, or by separate notice);
• when considering the case, the court determines whether to allow the arrest of the offender, or chooses another measure of influence;
• if the court makes a decision and sentences the violator to arrest, the Ministry of Internal Affairs officers place him in a special institution;
• upon expiration of the arrest period, the violator is released, but will be considered prosecuted for another year (this will be important to establish the repetition of traffic violations).

In many cases, prosecution is even simpler. If an article of the Code of Administrative Offenses of the Russian Federation allows for arrest, the case may be considered during the period of the citizen’s detention. For this purpose, there are duty judges who can immediately review the protocol and materials about the violation. If the driver is released from the scene of an accident or crime, he will be forcibly brought to court by employees of the Ministry of Internal Affairs to execute the arrest.

If a driver is detained after an accident or during a traffic stop, the period of restriction of freedom cannot exceed 48 hours.

During this time, the administrative material must be reviewed by the court, or the offender will be released. As stated above, the period of detention will be fully counted towards the period of arrest.

The arrest order can be appealed. If the court verdict comes into force, the offender will be placed in a special institution of the Ministry of Internal Affairs to execute the arrest. Those arrested are kept separately from those accused and convicted in criminal cases. The isolation regime during arrest is much easier than when executing a sentence of imprisonment under the Criminal Code of the Russian Federation.

How long can they be arrested?

The articles of the Code of Administrative Offenses of the Russian Federation indicate the maximum permissible period of arrest - up to 15 days. Therefore, the judge can assign any number of days within 15 days. In most cases, an arrest order is issued for 15 days, i.e. for the maximum possible period. After serving the sentence, the judge or employees of the Ministry of Internal Affairs cannot arbitrarily extend the period of arrest.

Is it possible to appeal an arrest and how to do it?

Any administrative penalty can be appealed. 10 days are given for this, and the period will begin to run from the moment the violator is given a copy of the decision. If the violator was present when the decision was announced, a copy of the judicial act will be handed to him immediately. Therefore, the preparation of the complaint must be done within strictly 10 days, and this period can be restored only for valid reasons.

Deciding whether to appeal a court order to arrest must take into account the circumstances of the traffic violation and the evidence presented. Practice shows that an appeal gives a positive result only in isolated cases. There is a good chance of the decision being overturned if the traffic police officer violated procedural norms. For example, if the arrest protocol was incorrectly drawn up on the spot, or the offender will be deprived of the right to defense.

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.

Who can't be arrested

The Code of Administrative Offenses of the Russian Federation contains a list of persons who are not subject to administrative arrest due to their status or for other reasons.

You cannot apply arrest for any period of time:

• to pregnant women, if the fact of pregnancy is confirmed by a certificate from the antenatal clinic;
• to military personnel (they may incur disciplinary punishment according to the regulations of the RF Armed Forces);
• to women with children under 14 years of age;
• to minor children (under 18 years of age);
• to disabled people of group I or II;
• to employees with special ranks of security and law enforcement agencies (Rosgvardia, FSB, FSIN, etc.).

One of the listed grounds must be confirmed by documents. For example, for people with disabilities this will be an ITU certificate. For minor children, this will be a passport or birth certificate.

If a citizen cannot be placed under arrest, the judge is obliged to choose another type of punishment (for example, a fine, compulsory labor).
If there are valid reasons, a temporary postponement of arrest for up to 7 days is allowed. The law includes such cases as illness confirmed by a medical report and exceptional personal circumstances. The judge considers a request to suspend the arrest immediately upon making a decision, or upon a separate application. When the grounds for suspension are eliminated, the execution of the arrest will continue according to the general rules. 15 days of arrest for an administrative offense. Where they sit for 15 days. Administrative arrest Administrative arrest for traffic violations.

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.

What traffic violations are imposed for?

So, the Code of Administrative Offenses contains only a few violations for which arrest is provided as a punishment. As we mentioned above, an alternative to administrative arrest should always be another punishment - this is what the Constitutional Court, which protects the rights and freedoms of citizens, has determined, and this is what every article with arrest as a sanction in the Administrative Code says.

There are 6 such articles in total. Let's look at them!

For driving a car without a license – up to 15 days

If you are deprived of the right to drive, but got behind the wheel of a car and you were stopped by a traffic police inspector, then you may face administrative arrest for up to 15 days under Part 2 of Article 12.7 of the Administrative Code.

Please note that this only applies if you are driving sober and have been deprived of your license for any traffic violation.

Alternatives to arrest:

• fine 30,000 rubles,
• compulsory work for 100-200 hours.

As we mentioned above, arrest in this case should be ordered in exceptional cases in case of gross violations and the presence of aggravating circumstances. But in practice, courts often impose this punishment simply as an option.

You will also be interested in:

• Driving without a license while sober and deprived of a license - what is the punishment?
• Administrative detention by the traffic police in questions and answers
• At what ppm and mg/l is the risk of deprivation of a driver's license today?

For driving while drunk without a license – from 10 to 15 days

If for driving sober without the right to drive, an arrest for a period of no more than 10 days is most often imposed, then if you are caught drunk (under the influence of alcohol or drugs), the period will be from 10 to 15 days under Part 3 of Article 12.8 of the Code.

In this sanction, the absence of the right to drive may be in the following cases:

• if you were deprived,
• if you have never received one (you have never had a driver's license).

Unlike other articles of the Code of Administrative Offenses, for this violation (and another one below), only the persons listed above among the exceptions who cannot be subjected to administrative arrest will be able to receive a fine. For the rest, there are no alternatives.

Moreover, Article 12.8 can be replaced not just by arrest, but by imprisonment in a criminal case if there is evidence - if you are caught again with the same traffic violation for which you have already been deprived of your rights - driving while intoxicated.

Refusal of medical examination by a person without rights – from 10 to 15 days

Exactly the same punishment awaits drivers under Part 2 of Article 12.26 of the Code of Administrative Offenses, who were not even tested for intoxication because they refused a medical examination. This article may also provide for a fine only for an exclusive group of citizens. And in case of repeated refusal of a medical examination, provide for a criminal sentence.

Leaving the scene of an accident – ​​up to 15 days

Administrative arrest as a milder punishment is provided for by Part 2 of Article 12.27 of the Code. A term of up to 15 days is an alternative to deprivation of rights for 1-1.5 years (however, it is deprivation of rights that is most often used in judicial practice in 2021).

Failure to comply with a legal request of a police officer – up to 15 days

Another type of sanction, for which administrative arrest is provided, is applied for disobedience to the legal request of a police officer, which includes all traffic police officers and traffic police inspectors in particular, under Part 1 of Article 19.3 of the Code of Administrative Offenses.

Surprisingly, compared to other articles of the Administrative Code, the alternative to arrest with such a possible long term is a fine of only 500 to 1,000 rubles.

This article is especially often applied to tinting lovers - repeat offenders. This is a written request to remove the tint, and it works in the following way:

1. the inspector stops a tinted motorist for the first time, issues him a fine and demands that he eliminate the conditions conducive to the offense,
2. If the driver does not rip off the film, then for the second time he can be imprisoned precisely on the grounds under this article - for failure to comply with the requirement.

You can read about why they are illegal in our special article on requirements.

Illegal assignment of license plates – up to 15 days

A rather rare punishment under Article 19.37 is imposed on motorists if they appropriate illegally found or stolen license plates from someone else’s car. There are practically no cases under this article in judicial practice.

Petty hooliganism – up to 15 days

For example, sorting out relations with another driver, initiating a fight on the road and similar actions in 2021 can be qualified under Part 1 or 2 of Article 20.1 of the Administrative Code, under which the instigator may face administrative arrest for up to 15 days.

To fall under this article, the conditions for hooliganism must be met:

• obscene language in a public place,
• insult to a citizen
• damage to someone else's property.

Delay in payment of fine – up to 15 days

Another violation for which administrative arrest is often imposed, with the most common terms ranging from 1-2 to 7-10 days, is late payment of a fine.

You are given 60 days to pay the financial penalty after the order comes into force. If you have exceeded this deadline, then within 3 months after this you may be charged under Article 20.25 of the Code of Administrative Offences.

An alternative to arrest is a fine of twice the amount overdue.

It is important to know that an arrest cannot be imposed for failure to pay a fine on time if it was issued from a traffic camera - they have the right to arrest only for fines issued by inspectors on the road.

We have a separate article about punishment for failure to pay a fine on time.

Something else useful for you:

• If you fled the scene of an accident? Punishment, what to do and how does it work?
• Is it legal to evacuate to an impound lot during a medical examination?
• Witness witness under the Code of Administrative Offenses in questions and answers

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.

What it is? Concept and essence

Administrative arrest is one of the types of administrative punishment that is imposed when a person is found guilty of committing certain offenses.

The essence of the punishment is that the person is isolated from society for a certain period of time, placed in a specialized institution for up to 30 days, depending on the severity of the violation committed.

Administrative arrest is the most severe measure of liability provided for in the Code of Administrative Offenses and can only be imposed by a court when a person is found guilty of committing certain offenses.

For a better understanding, let's look at a few examples.

Example 1. Petrov has been evading payment of alimony for the maintenance of his minor son for 3 months. A case was opened against Petrov for an administrative offense under Part 1 of Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation. Having considered the case of the accident, the court came to the conclusion that Petrov had committed an imputed offense, while the court did not establish circumstances that could be interpreted as mitigating his guilt. The sanction of the article provides for administrative arrest for a period of 10 to 15 days. Because during the consideration of the case, Petrov did not repent of the offense committed, did not admit guilt, did not make amends for the harm, the court issued a decision to bring him to justice with a punishment in the form of administrative arrest for a period of 15 days.

Example 2 . A case has been opened against Mitroshin for an administrative offense for driving a vehicle while intoxicated and without a driver's license. During the consideration of the case, Mitroshin fully admitted his guilt and repented of his actions. Previously, he was not brought to justice and was not on preventive registration. The sanction of the article provides for administrative arrest or a fine for persons who cannot be subject to arrest. Mitroshin is not one of the persons against whom extreme measures cannot be applied. Taking into account the identity of the offender and his admission of guilt, the court imposed a sentence of arrest. Since, according to Article 12.8 of the Code of Administrative Offenses of the Russian Federation, a fine can only be imposed on persons who are not subject to arrest due to age, pregnancy, disability, etc.

Example 3. Vanyushin was intoxicated at a public transport stop. Responsibility for this offense is provided for in Article 20.21 of the Code of Administrative Offenses of the Russian Federation. When considering the case, the court assessed the totality of the collected evidence, took into account that Vanyushin had not previously been brought to administrative responsibility, was not on preventive records, was characterized satisfactorily at his place of work and residence, and came to the conclusion that it was necessary to impose punishment on Vanyushin in the form of an administrative fine instead of arrest.

Normative base

The application of the liability measure in question is regulated by the following legal acts:

• Code of the Russian Federation on Administrative Offences;
• Federal Law-67 of June 24, 2013 “On the procedure for serving administrative arrest”;
• RF PP No. 627 of March 16, 2003, which approved the “Regulations on the conditions of detention of persons detained for an administrative offense, food standards and medical care for such persons”;
• Order of the Ministry of Internal Affairs of the Russian Federation No. 83 dated February 10, 2014, which approved the “Internal Rules in Places of Administrative Arrest”;
• Resolution of the Plenum of the RF Armed Forces No. 5 of May 24, 2005 “On some issues that arise for courts when applying the Code of Administrative Offenses of the Russian Federation on administrative offenses.”

Difference from detention

The difference between administrative arrest and administrative detention is as follows:

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.

Where are administrative arrests served?

Popularly, such institutions are called “special detention centers.” Legally, they are correctly called “places of serving administrative arrest.” They are often confused with “special premises” for holding detainees. This is not true. Detention facilities are called detention rooms (DCS) and are part of the police department. The special detention center is an independent institution. It is a separate building with access control. After the court makes a decision on administrative arrest, it is there that the citizen is taken. Those arrested are kept in cells, men and women are kept separately, each arrestee must have at least 4 sq.m. Before being placed in a cell, the arrested person is searched.

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.

Procedure for serving administrative arrest

Reception of administratively arrested persons in special detention centers is carried out around the clock. Offenders are taken to a special detention center by internal affairs officers.

Step 1. Preparing to serve your sentence

The list of things and objects that may be in the possession of a person serving a sentence of administrative arrest is established by Order of the Ministry of Internal Affairs No. 83 of February 10, 2014. These include:

• food products, with the exception of perishable ones and those requiring heat treatment;
• clothing in accordance with the season (it is not allowed to take or receive belts or suspenders);
• underwear;
• sports suit;
• personal hygiene products;
• shaving accessories;
• items necessary for the performance of religious rites;
• watch;
• bed sheets.

Step 2. We take the necessary documents and go to the place of serving the administrative arrest

When arriving at the special detention center, the offender must have with him:

• a court decision in a case of an administrative offense;
• passport or other identification document.

Upon admission, an employee of the institution checks the documents of the arriving person, interviews him, and checks the answers with the information contained in the documents.

Step 3. Procedure for placement in a special detention center for administrative detainees

Personal search and search of belongings

Upon admission to a special detention center, administratively arrested persons are subject to a personal search, and an employee of the institution also checks the things on the person admitted. The task of personal search and search of things is to identify and confiscate items whose presence in the special detention center is prohibited.

To conduct a personal search of the arrested person, a special detention center employee of the same gender is involved in the presence of the persons who identified the offender.

The results of the procedure are indicated in a special journal.

Medical examination

Persons entering the special detention center must undergo a medical examination, the objectives of which are:

• determine whether the arrested person has any bodily injuries;
• are there any signs of infectious diseases that require placement in a separate cell.

Reading out rights and responsibilities

An employee of the institution is obliged to familiarize offenders admitted to a special detention center with their rights and responsibilities while serving their sentence.

Administrative arrestees have the following rights enshrined in Article 7 No. 67-FZ:

1️⃣ Dates with close relatives and persons

While serving a sentence, an administratively arrested person has the right to a single meeting with a close relative or close person, lasting no more than an hour. During the meeting, a special detention center employee is present in the room.

2️⃣ Legal assistance

Persons subjected to administrative arrest have the right to receive qualified legal assistance.
While serving their sentence, they have the right to meetings with a lawyer for no more than two hours. However, the number of meetings is not limited. Unlike visits with relatives, meetings with a lawyer can take place in private, out of earshot of the detention center staff.

3️⃣ Appeals and correspondence

Persons serving a sentence of administrative arrest have the right to send appeals, letters and telegrams at their own expense.
All messages and responses to them are recorded in a special journal, which is kept by the staff of the special detention center. If the offender does not have money for postal items, they are sent by the administration of the institution at the expense of the funds allocated to him.

4️⃣ Food and supplies

Persons serving sentences in a special detention center have the right to be kept in conditions that meet the requirements of sanitary, hygienic and fire legislation.
While in an institution, persons have the right to:

• individual sleeping place;
• bed dress;
• dishes;
• cutlery;
• individual personal hygiene products (toilet paper, soap, toothbrush and toothpaste, disposable razors).

Also, those administratively arrested have the right to free food in accordance with the standards established by the Government of the Russian Federation.

5️⃣ Medical support

While serving their sentence, administratively arrested persons have the right to medical care, including treatment in a hospital setting and provision of medications if there are medical indications.

6️⃣ Other

In addition to the above, administratively arrested persons have the right to:

• personal safety;
• polite treatment;
• self-education;
• performance of religious rites, etc.

Duties and Responsibilities

The responsibilities of persons serving sentences in special detention centers are listed in Article 8 No. 67-FZ and are as follows:

• compliance with the conditions and procedure for serving the sentence;
• fulfilling the legal requirements of the institution’s employees;
• compliance with sanitary and hygienic requirements;
• compliance with fire safety rules;
• careful attitude to the property of the institution;
• not committing actions that violate the rights and freedoms of other persons, or threaten the life and health of both the arrested person and other persons.

Photographing persons subject to administrative arrest

Upon arrival at the special institution, the arrested persons are photographed (full face and right profile).

When taking photos:

• glasses and headwear are not allowed;
• the head is in a strictly vertical position;
• eyes open;
• hair does not cover ears.

The scale of the front and profile photos should be the same.

Accommodation of persons subject to administrative arrest

While serving their sentences, persons guilty of committing an offense are kept in locked cells (general or solitary) in conditions of isolation from society.

In this case, persons of the opposite sex are kept separately. Sick and healthy administrative detainees are also kept separately. If possible, smokers and non-smokers are separated.

Notifying relatives

Immediately after the person is admitted, an employee of the institution, by telephone indicated by the person admitted, informs the relatives about the place, start and end time of the administrative arrest.

Notification of relatives is made in a special journal.

Notification of the judge who issued the decision on administrative arrest

The administration of the institution notifies the judge about the place, beginning and end of serving the sentence of the administratively arrested person by fax.

The fact of notification is recorded in a special journal.

Step 4. Serving the sentence

While serving their sentence, administrative detainees must obey the daily routine established in the institution. A sample daily routine looks like this:

• from 6:00 to 8:00 - getting up, washing, cleaning the room;
• from 8:00 to 9:00 - breakfast;
• from 9:00 to 10:00 – morning inspection of the premises conducted by employees of the special institution;
• from 10:00 to 11:00 - transfer of written letters, telegrams for sending;
• in the period from 10:00 to 12:00, as well as from 19:00 to 21:00 - making phone calls;
• from 13:00 to 14:00 min - lunch;
• from 12:00 to 13:00 - walk;
• religious ceremonies - during the daytime;
• from 18:00 to 19:00 - dinner;
• from 21:00 to 22:00 - evening rounds of cells, preparing administratively arrested persons for bed;
• from 22:00 to 6:00 - sleep.

During the daytime, persons held in the institution are granted visits with relatives (up to an hour), as well as with a lawyer (up to 2 hours).

The administration of each special institution independently draws up a daily routine in accordance with local conditions, the duration of daylight hours, and the time of year.

Inspection of prisoners and their belongings: how often they do it, what they check

The frequency of personal searches of administratively arrested persons, as well as their belongings, has not been established. Such an inspection is mandatory upon admission of a person to an institution. In the future, the basis for conducting an inspection is the reason to believe that the person has prohibited things and objects.

An employee of the institution of the same gender as the offender is invited to conduct the search procedure.

Step 5. Termination and suspension of serving administrative arrest

Serving the sentence is suspended or terminated on the grounds established by law.

Ground 1. Expiration of the period of serving administrative arrest

Serving of an administrative punishment terminates upon expiration of the arrest period. If the sentence expires later than 23:00, the person may submit a written application to the administration of the institution to remain in the institution until 6:00 a.m. of the next day.

Ground 2: In the event of exceptional personal circumstances

Part 3 of Article 17 No. 67-FZ lists exceptional cases that are grounds for termination or suspension of serving a sentence. Such cases include:

• deterioration of health;
• death of a close relative or close person;
• an emergency situation that resulted in significant material damage to the administratively arrested person or his family;
• a medical certificate according to which a person has diseases, injuries or mutilations that do not allow him to serve his sentence.

Serving the sentence may be suspended for no more than 7 days . The period of suspension does not count towards the sentence.

The serving of the arrest is suspended or terminated based on the judge's decision.

Ground 3. Diseases that prevent serving a sentence

Persons suffering from the following diseases, the list of which was approved by the RF GD No. 1358 of December 12, 2014, cannot serve a sentence of isolation from society:

• contagious acute infectious diseases;
• malignant neoplasms, grade 4;
• diseases of the circulatory system with blood clotting disorders;
• complication of diabetes mellitus;
• diseases of the endocrine system, eating disorders, severe metabolic disorders;
• mental disorders, behavioral disorders in need of emergency medical care;
• epileptic disorders;
• severe diseases of the nervous system;
• blindness in both eyes;
• skin diseases in a severe stage;
• systemic connective tissue lesions;
• diseases and conditions that require emergency assistance;
• persons with group 1 disabilities.

The presence of a disease that prevents the serving of a sentence must be established during a medical examination in the institution, or confirmed by documents issued by the medical institution.

Obtaining a certificate indicating the time spent under administrative arrest and the grounds for release

After serving the administrative arrest, the released person is issued a certificate indicating:

• Full name of the person who served his sentence;
• period of arrest;
• place of serving the sentence;
• details of the court decision that served as the basis for placing the person in a specialized institution;
• grounds for release from special detention center;
• date and signature of the head of the institution or the duty officer.

The certificate form is approved by Order of the Ministry of Internal Affairs No. 83.

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.
2. Wait until the system selects a suitable lawyer (by profile and geography) for you, and forwards the question to him.
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.

For what period is it set?

The period of administrative arrest is regulated by Article 3.9 of the Code of Administrative Offenses of the Russian Federation. The maximum period is 30 days . Moreover, in each specific case, the court can independently determine for how long the culprit should be arrested.

The length of the sentence depends on the offense committed. In most cases, the court is limited to isolation from society for up to fifteen days , but this period can be increased to 30 days (but cannot exceed it) if a person is found guilty of offenses related to:

• violation of the legislation on rallies, meetings, demonstrations or pickets;
• failure to comply with requirements in the event of a state of emergency or counter-terrorism operation being introduced;
• violations in the field of anti-drug legislation.

Calculation of the term

When making a decision in the case of an a/p, the court must indicate from what time the period of arrest begins, not forgetting that the counted period of detention is calculated from the moment of delivery , in accordance with Art. 27.2 Code of Administrative Offenses of the Russian Federation. If the person delivered was in a drunken state - from the moment of sobering up .

Example 1 . Ivanov was found guilty of petty hooliganism. By a decision made by the court at 17:35 on June 25, he was sentenced to administrative arrest for 15 days. Before the decision was issued, Ivanov was not detained; accordingly, the fifteen-day sentence begins at 17:35 on June 25.

Example 2 . Vasilyev, who was intoxicated in a public place, was taken to the police department on 01/04/2020 at 23:54. Vasiliev’s sobering up occurred at 9:15 on 01/05/2020. On the same day, he was brought to court to consider the AP case. At 2:20 p.m., the court ruled to find Vasiliev guilty under Art. 20.21 Code of Administrative Offenses of the Russian Federation, the measure of liability determined by the court is administrative arrest for 10 days. The term of punishment is calculated from 9:15 on January 5.

Differences between administrative arrest and detention

Most citizens reduce the terms “administrative arrest” and “detention” to the same 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 the total period of detention is calculated from the date the citizen entered the service of law enforcement agencies.

How to avoid administrative arrest?

Sending a person found guilty of committing an offense to a specialized institution does not deprive him of the right to appeal a court decision.

The complaint must be filed with a higher court within 10 days from the date of receipt of the decision .

The complaint must indicate:

• name, address of the court, as well as full name, address of the applicant;
• details of the decision being appealed;
• on what grounds does the person disagree with the court decision;
• a request to cancel or change the decision made by the court of first instance.

Complaint against the decision of the magistrate in a case of an administrative offense We do not recommend drawing up documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

The period for consideration of a complaint against administrative arrest should not exceed 1 day.