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ADMINISTRATIVE DELAY, PERSONAL INSPECTION, INSPECTION OF THINGS AND REMOVAL OF THINGS AND DOCUMENTS




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SECTION IV. MANUFACTURE ON ADMINISTRATIVE OFFENSES.

Chapter 20. ADMINISTRATIVE DETENTION, PERSONAL INSPECTION, INSPECTION OF THINGS AND REMOVAL OF THINGS AND DOCUMENTS.

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

In cases expressly provided for by the laws of Ukraine, in order to prevent administrative offenses, when other measures of influence, identification, drawing up a protocol on administrative offense are exhausted when it is impossible to draw it up at the scene of the offense, if the preparation of a protocol is mandatory, ensure timely and correct consideration of cases and execution of decisions on cases of administrative offenses are allowed: administrative detention of a person, personal dos Survey of things and removal of things and documents.

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

(As amended on 04.04.2001)

Article 261. Administrative detention.

A report is drawn up on administrative detention, in which are indicated: the date and place of its compilation; position, surname, name and patronymic of the person who prepared the protocol; information about the identity of the detainee; time and reasons for detention. The protocol is signed by the officer who prepared it and the detainee. In case the detainee refuses to sign the protocol, a record is made in it.

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

(As amended on 04.04.2001)  

Article 262. Bodies (officials) authorized to carry out administrative detention.

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

Administrative detention is made:

1) by internal affairs agencies when committing petty hooliganism, violating the order of organizing and holding meetings, rallies, street processions and demonstrations, spreading false rumors, committing malicious disobedience to a lawful order or request of a police officer, a member of a public unit for the protection of public order and the state border , as well as a soldier or insult them, public calls for non-compliance with the requirements of a police officer, in case of contempt of court , access to information in automated systems, violation of rules on foreign exchange transactions, rules on the circulation of narcotic drugs and psychotropic substances, illegal sale of goods or other items, petty speculation, trading with hands in unidentified places, drinking alcohol in public places or appearing 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. wagons, rules of hunting, fishing and protection of fish stocks and other violations of the law on the protection and use of wildlife, in violation of the rules of stay of foreigners and stateless persons in Ukraine and transit through the territory of Ukraine, as well as in other cases expressly provided by laws Ukraine;

2) border guard agencies - 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 request of a State Border Service of Ukraine or a member of the public group to protect the public order and the state border, violations of rules for the use of wildlife ah of the border strip and the control border region, in the territorial sea, inland waters and the exclusive (sea) economic zone of Ukraine, violation of the rules for the stay of foreigners and stateless persons in Ukraine and transit through the territory of Ukraine;

3) a senior officer in the location of the protected object of a militarized guard - when committing offenses related to the encroachment on the protected objects, other property;

4) officials of the Military Service of the rule of law in the Armed Forces of Ukraine — when committed by military personnel who are liable for military service during their training and employees of the Armed Forces of Ukraine during their official duties of petty hooliganism, malicious disobedience to a lawful order or request of an officer of the Military Service of 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) by the organs of the Security Service of Ukraine - in violation of the law on state secrets or the implementation of illegal access to information in automated systems, the acquisition or storage of special technical means to remove information from communication channels, and other means of secretly obtaining information.

(Harm, dated 05.29.85, 03.04.86, 12.06.87, 03.08.88, 04.27.89, 07.03.90, 04.04.90, 04.05.90 . January 18, 1991, 02/15/95, 03/24/99, 07/02/99, 04/05/2001, 04/03/2003, 05/15/2003, 11/20/2003, 05.11.2004, 18.05.2004)

Article 263. Terms of administrative detention.

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

Persons who have violated the border regime or the regime at checkpoints across the state border of Ukraine can 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 in writing. within twenty-four hours from the moment of detention or for a period of up to ten days, with the sanction of the prosecutor, if the offenders do not have documents proving their identity.

Persons who have 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 the person, conduct a medical examination, find out the circumstances of the acquisition of the seized narcotic drugs and psychotropic substances and study them before three days with a written report to the prosecutor within twenty-four hours from the moment of detention or up to ten days from the sanction of the prosecutor, if the offenders do not have documents identification documents.

Persons who committed petty hooliganism, malicious disobedience to a lawful order or request of a police officer, an officer of the Military Security Service in the Armed Forces of Ukraine, a member of a public organization for the protection of public order and the state border, and a soldier, or insult them, public calls for non-compliance with the employee’s requirements police may be detained before the case is reviewed by a judge or the head (deputy head) of the internal affairs agency. Prior to consideration by the judge, persons who illegally crossed or attempted to illegally cross the state border of Ukraine, committed malicious disobedience to a lawful order or request of a military officer or employee of the State Border Service of Ukraine or a member of the public unit for the protection of public order and the state border, who violated the order of organization can be detained. and holding meetings, rallies, street processions and demonstrations, or contempt of court , and whether traded with hands in unspecified places. Foreigners and stateless persons who have violated the rules for staying in Ukraine and transit through the territory of Ukraine may be detained until the case is reviewed by a judge or an official of the State Border Service of Ukraine.

The term of administrative detention is calculated from the moment the violator was delivered to draw up a protocol, and the person who was intoxicated from the time of his sobering up.

(As amended on 03.08.88, 07.03.90, 04.05.90, 18.01.91, 15.02.95, 02.07.99, 05.04.2001, 03.04.2003 15.05.2003, 20.11.2003, 18.05.2004)

Article 264. Personal search and inspection of things.

Personal inspection may be carried out by authorized officials of the Security Service of Ukraine, the Interior, the Military Law Enforcement Service in the Armed Forces of Ukraine, militarized guards, civil aviation, customs agencies and border guards, as well as directly provided by the laws of Ukraine. and other organs.

A personal search may be carried out by an authorized person of the same sex with the inspected person and in the presence of two witnesses of the same sex.

Things can be inspected by authorized officials of the Security Service of Ukraine, the Interior, the Military Law Enforcement Service in the Armed Forces of Ukraine, militarized guards, civil aviation, customs agencies, border guards, environmental authorities, state inspectors for intellectual property, and forest protection authorities. fishery bodies, bodies exercising state supervision over the observance of hunting rules, and in cases expressly provided for by law Ukraine, as well as other bodies. When committing violations of legislation on the protection and use of wildlife , authorized officials of the bodies that carry out state supervision over the observance of hunting rules, fish protection authorities, as well as police officers, military personnel and employees of the State Border Service of Ukraine can conduct inspection of vehicles in the prescribed manner.

Inspection of things, hand luggage, luggage, hunting and fishing tools, products, vehicles and other items carried out, as a rule, in the presence of a person who owns (owned) them. In urgent cases, the specified things, objects may be subject to inspection with the participation of two witnesses in the absence of the owner (owner).

A report is drawn up on the personal search, the inspection of things, or a corresponding entry is made in the administrative offense report or in the administrative detention report.

Personal inspection, inspection of things in customs institutions are made in the manner prescribed by the Customs Code of Ukraine.

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

Article 265. Seizure of things and documents.

Things and documents that are the instrument or the direct object of the offense, discovered during the detention, personal search or inspection of things, are seized by officials of the bodies referred to in Articles 2341, 2342, 2444, 262 and 264 of this Code. The confiscated things and documents are stored until the consideration of the administrative case in places determined by the bodies (officials) who are granted the right to seize things and documents, and after the case is reviewed, depending on the results of its consideration, they are confiscated in the prescribed manner, or returned to the owner, or destroyed, and with a paid seizure of things - are realized. The withdrawn order, medal, badge of the honorary title of the USSR, honorary title of the Ukrainian SSR, Honorary Diploma and Literacy of the Presidium of the Supreme Soviet of the Ukrainian SSR, honorary title of Ukraine, the distinction of the President of Ukraine after consideration of the case shall be returned to their rightful owner, and if he is not known, sent accordingly to the Administration of the President of Ukraine. Seized moonshine and other homemade spirits, devices for their production after consideration of the case are subject to destruction by police officers.

A report is drawn up on the seizure of things and documents, or a corresponding entry is made in the protocol on administrative violation, on the inspection of things or administrative detention.

When committing offenses under Articles 174, 190-1954 of this Code, a police officer, and when committing offenses under Articles 191, 195 of this Code, also an official of the Border Service have the right to seize a firearm, pneumatic weapon of a caliber more than 4.5 millimeter with a bullet speed above 100 meters per second and edged weapons, military supplies, stun devices and special means. A police officer, a border guard official shall have the right to conduct personal searches and searches of the violator’s things in accordance with the procedure established by Article 264 of this Code. To the person who committed the offense during the performance of his official duties, the seizure of weapons, personal searches and searches of things are used only in urgent cases.

When committing offenses stipulated by the second part of Article 2061 of this Code, a police officer withdraws the vehicle until the court resolves the matter on the merits. When a vehicle is withdrawn, a corresponding entry is made in the protocol on administrative violation. Withdrawal of the vehicle is made in accordance with the procedure determined by the Ministry of the Interior.

(Harm, dated 03.04.86, 12.06.87, 19.05.89, 29.07.91, 15.11.91, 12.23.93, 25.04.96, 12.07.96 . April 20, 2000, April 5, 2001, April 3, 2003, November 20, 2003)

Article 266. Removal of drivers from driving, river and small vessels and examination of the state of intoxication.

Drivers of vehicles, river and small-sized vessels, drivers, boatmasters and other persons with respect to whom there are reasonable grounds to believe that they are intoxicated, shall be subject to removal from control of these vehicles or vessels and examination of the state of intoxication. The direction of these persons for examination at the state of intoxication and their examination is carried out in the manner determined by the Ministry of Internal Affairs of Ukraine, the Ministry of Health of Ukraine and the Ministry of Justice of Ukraine.

(Harm dated 04/05/2001)

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

Administrative detention, personal inspection, inspection of things and the seizure of things and documents can be appealed by the person concerned to a higher authority (superior official) in relation to the authority (official) that applied these measures, the prosecutor or the court.

(Harmful . D. 04.04.2001)