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ADMINISTRATIVE DETENTION, PERSONAL EXAMINATION, REVISION OF THINGS AND DELIVERY OF THINGS AND DOCUMENTS.




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SECTION IV. PRODUCTION OF AFFAIRS ON ADMINISTRATIVE OFFENSES.

Chapter 20. ADMINISTRATIVE DETENTION, PERSONAL EXAMINATION, REVISION OF THINGS AND DELIVERY OF THINGS AND DOCUMENTS.

Article 260. Measures to ensure the production of cases on administrative offenses.

In cases directly stipulated by the laws of Ukraine, with a view to suppressing administrative offenses, when other measures of influence, identification, compilation of a protocol on an administrative offense have been exhausted, if it is impossible to compile it at the crime scene, if the protocol is compulsory, ensure timely and proper consideration of cases and execution of decisions on cases of administrative violations are allowed: administrative detention of a person, personal dos otr, inspection of things and seizure of things and documents.

The procedure for administrative detention, personal search, inspection of things and seizure of things and documents for the purposes provided for in this article is determined by this Code and other laws of Ukraine.

(In the redaction from 05.04.2001)

Article 261. Administrative detention.

On administrative detention, a protocol is drawn up, which specifies: the date and place of its compilation; the position, surname, name and patronymic of the person who drafted the protocol; information about the identity of the detainee; time and motives for detention. The protocol is signed by the official who drafted it, and the detainee. If the detainee refuses to sign the protocol, an entry is made in it about this.

On the location of the person detained for committing an administrative offense, his relatives are immediately notified, and at his request also the owner of the relevant enterprise, institution, organization or body authorized by him.

(In the redaction from 05.04.2001)  

Article 262. Bodies (officials) authorized to exercise administrative detention.

Administrative detention of a person who committed an administrative offense can be carried out only by bodies (officials) authorized by the laws of Ukraine.

Administrative detention is carried out:

1) the bodies of internal affairs - when committing petty hooliganism, violation of the procedure for organizing and holding meetings, rallies, street processions and demonstrations, spreading false rumors, committing a malicious disobedience to the lawful order or demand of a police officer, member of the public order for the protection of public order and the state border , as well as servicemen or insulting them, public calls for non-fulfillment of the demands of a police officer, in case of contempt of court , access to information in automated systems, violation of rules on currency transactions, rules for the circulation of narcotic drugs and psychotropic substances, illegal sale of goods or other items, small-scale speculation, trade with hands in unidentified places, with drinking alcohol in public places or in public places in a state of intoxication offending human dignity and public morality, in cases where there is reason to believe that a person engaged in prostitution in violation, etc. the rules of hunting, fishing and protection of fish stocks and other violations of legislation on the protection and use of wildlife, in violation of the rules for the stay of foreigners and stateless persons in Ukraine and transit passage through the territory of Ukraine, as well as in other cases expressly provided for by laws Ukraine;

2) Border Guards - in cases of illegal crossing or attempting to illegally cross the state border of Ukraine, violating the border regime at checkpoints across the state border of Ukraine, committing malicious disobedience to a lawful order or demand of a serviceman or an employee of the State Border Service of Ukraine or a member of the public body for the protection of public order and state border, violations of the rules for the use of objects of wildlife in the limit border zone and control border region, in the territorial sea, inland waters and the exclusive (maritime) economic zone of Ukraine, violations of rules for the stay of foreigners and stateless persons in Ukraine and transit passage through the territory of Ukraine;

3) the elder in the place of location of the protected object by an official of paramilitary protection - when committing offenses related to encroachment on protected objects, other property;

4) by officials of the Military Service of the Law and Order in the Armed Forces of Ukraine - when military servicemen, who are liable for military service during their passage of duties and employees of the Armed Forces of Ukraine, perform petty hooliganism, malicious disobedience to the lawful order or demand of an official of the Military Service of the Law Enforcement in the Armed Forces Ukraine, public calls for non-compliance with the requirements of the person, improper storage, transportation or carrying of firearms, cold th or pneumatic weapon and ammunition, petty theft of state or collective property, in the case of alcohol consumption in public places, the appearance in public in a drunken state, as well as violation of traffic rules by drivers or other persons administering military vehicles;

5) bodies of the Security Service of Ukraine - in violation of the legislation on state secrets or the implementation of illegal access to information in automated systems, the acquisition or storage of special technical facilities for the removal of information from communication channels, other means of secretly receiving information.

(Harm, from 29.05.85, 03.04.86, 12.06.87, 03.08.88, 27.04.89, 07.03.90, 20.04.90, 04.05.90 g. ., 18.01.91, 15.02.95, 24.03.99, 02.07.99, 05.04.2001, 03.04.2003, 15.05.2003, 20.11.2003, 05/11/2004, May 18, 2004)

Article 263. Terms of administrative detention.

Administrative detention of a person who committed an administrative offense can last no more than three hours. In exceptional cases, due to the special need, the laws of Ukraine may establish other periods for administrative detention.

Persons who violated the border regime or regime at checkpoints across the state border of Ukraine may be detained for up to three hours to draw up a protocol, and, if necessary, to establish the identity and clarify the circumstances of the offense - up to three days, with a written notice to the prosecutor in within twenty-four hours from the moment of detention or for up to ten days with the sanction of the prosecutor, if the offenders do not have documents proving their identity.

Persons who violated the rules of trafficking in narcotic drugs and psychotropic substances may be detained for up to three hours to draw up a protocol, and, if necessary, to identify a person, conduct a medical examination, ascertain the circumstances of the acquisition of seized narcotic drugs and psychotropic substances and study them three days with a written notice to the prosecutor within twenty-four hours from the moment of detention or for up to ten days with the sanction of the prosecutor if the offenders do not have the documents their identity.

Persons who committed petty hooliganism, malicious disobedience to the lawful order or demand of a militiaman, an official of the Military Service of the Law and Order in the Armed Forces of Ukraine, a member of the public order for the protection of public order and the state border, or a serviceman, or insulting them, public calls for non-compliance with the worker's requirements militia, may be detained before the consideration of the case by the judge or by the head (deputy chief) of the internal affairs body. Before the consideration of the case judge may also be detained persons who illegally crossed or attempted to illegally cross the state border of Ukraine, committed a malicious disobedience to the lawful order or demand of a serviceman or an employee of the State Border Guard Service of Ukraine or a member of the public formation for the protection of public order and the state border, and holding meetings, rallies, street processions and demonstrations, or showing contempt for court , and whether traded with hands in unidentified places. Foreigners and stateless persons who violated the rules of staying in Ukraine and transit passage through the territory of Ukraine may be detained before the consideration of the case by a judge or an official of the body of the State Border Service of Ukraine.

The term of administrative detention is calculated from the moment of delivery of the offender for drawing up the protocol, and the person who was in a state of intoxication - from the time of his sobering.

(As amended on 03.08.88, on 07.03.90, on 04.05.90, on 18.01.91, on 15.02.95, on 02.07.99, on 05.04.2001, on 03/04/2003 on May 15, 2003, on November 20, 2003, on May 18, 2004)

Article 264. Personal search and inspection of things.

Personal search may be performed by authorized officials of the bodies of the Security Service of Ukraine, internal affairs, the Military Service of Law Enforcement in the Armed Forces of Ukraine, paramilitary protection, civil aviation, customs and border guard agencies, and , with the rays expressly provided for by the laws of Ukraine, also and other organs.

Personal inspection may be carried out by an authorized person of the same sex as the person being examined and in the presence of two witnesses of the same sex.

The inspection of things can be carried out by authorized officials of the bodies of the Security Service of Ukraine, internal affairs, the Military Service of Law Enforcement in the Armed Forces of Ukraine, paramilitary protection, civil aviation, customs agencies, border guard agencies, environmental authorities, state inspectors on intellectual property issues, forest protection authorities , bodies of fish protection, bodies exercising state supervision over observance of hunting rules, and in cases directly provided for by law Ukraine, as well as other bodies. When violations of the legislation on the protection and use of wildlife are committed, authorized officials of bodies that carry out state supervision over compliance with hunting rules, fishery protection bodies, as well as police, servicemen and employees of the State Border Service of Ukraine can carry out an inspection of vehicles in the prescribed manner.

Inspection of things, hand luggage, luggage, hunting and fishing tools, mined products, vehicles and other items is usually carried out in the presence of the person in whose possession they are. In urgent cases, these things, objects can be subjected to inspection involving two witnesses in the absence of the owner (owner).

On personal inspection, inspection of things, a protocol is drawn up, or a corresponding entry is made in the protocol on the administrative violation or in the protocol on administrative detention.

Personal search, inspection of things in customs offices are carried out in the manner prescribed by the Customs Code of Ukraine.

(Harm, of 03.04.86, 04.05.93, 05.04.2001, 03.04.2003, 15.05.2003, 10.07.2003, 11.05.2004)

Article 265. Withdrawal of things and documents.

Things and documents that are an instrument or the direct object of an offense found during the apprehension, personal examination or examination of things are seized by the officials of the bodies specified in articles 2341, 2342, 2444, 262 and 264 of this Code. Seized items and documents are kept until the case on administrative violation in places designated by the bodies (officials), which is granted the right to seize things and documents, and after the consideration of the case, depending on the results of its consideration, they are confiscated in due course, or return to the owner, or destroyed, and with a compensated seizure of things - are realized. The sealed medal, the medal, the badge for the honorary title of the USSR, the honorary title of the Ukrainian SSR, the Diploma of Honor and the Diploma of the Presidium of the Supreme Council of the Ukrainian SSR, the honorary title of Ukraine, the distinction of the President of Ukraine after the consideration of the case are subject to return to their rightful owner, and if he is not known, are sent respectively to the Administration of the President of Ukraine. Seized moonshine and other spirits of domestic production, devices for their development after consideration of the case are subject to destruction by police officers.

On the seizure of things and documents a protocol is drawn up or an appropriate record is made in the protocol on the administrative violation, on the inspection of things or administrative detention.

When committing offenses under articles 174, 190-1954 of this Code, a militiaman, and in the commission of offenses provided for in articles 191, 195 of this Code, also the official of the border service have the right to withdraw firearms, pneumatic weapons of caliber more 4.5 millimeters with the speed of the bullet from above 100 meters per second and cold steel, ammunition, electric shock devices and special means. A police officer, an official of the border guard service, has the right to conduct personal searches and inspect the things of the offender in accordance with the procedure established by Article 264 of this Code. To the person who committed the offense during the performance of official duties, the seizure of weapons, personal search and inspection of things are applied only in urgent cases.

When committing offenses stipulated in part 2 of Article 2061 of this Code, a police officer confiscates a vehicle until the matter is resolved by the court on its merits. When a vehicle is seized, a corresponding record is made in the protocol on an administrative offense. The seizure of the vehicle is carried out in accordance with the procedure determined by the Ministry of Internal Affairs.

(Harm, of 03.04.86, 12.06.87, 19.05.89, 29.07.91, 15.11.91, 23.12.93, 25.04.96, 12.07.96 g. ., April 20, 2000, April 5, 2001, April 3, 2003, November 20, 2003)

Article 266. Exclusion of drivers from driving, river and small vessels and examination for intoxication.

Drivers, boat drivers and other persons, who are reasonably believed to be intoxicated by motor vehicles, river and small vessels, are subject to exclusion from management of these vehicles or vessels and examination for intoxication. Direction of the specified persons for examination on a condition of intoxication and carrying out of survey of them is made in the order defined by the Ministry of Internal Affairs of Ukraine, Ministry of Health of Ukraine and the Ministry of Justice of Ukraine.

(Harm, dated 05.04.2001)

Article 267. Appeal of administrative detention, examination and seizure of things and documents.

Administrative detention, personal search, inspection of things and seizure of things and documents can be appealed by the interested person to a higher authority (higher-ranking official) in relation to the body (official) who applied these measures, to the prosecutor or to the court.

(Harmful on 05.04.2001)