Have you been stopped on the road by the new police? Your rights. Reminder to the driver.
Have you been stopped on the road by the new police?
In this article we will describe what your actions should be and what you / the police are entitled to.
The National Police of Ukraine (Ukrainian National Council of Ukraine) is the central executive authority of Ukraine, which serves the society by ensuring the protection of human rights and freedoms, counteracting crime, supporting public order and public safety. The activity of the National Police is directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Internal Affairs in accordance with the law.
The police are designed to protect the life, health, rights and freedoms of Ukrainian citizens, foreign citizens, stateless persons; for combating crime, protecting public order, property and ensuring public safety. Within the limits of his competence, the President of Ukraine directly or through the Minister of Internal Affairs, heads of territorial bodies of the Ministry of Internal Affairs and heads of police units carry out the management of the police activity.
National Police of Ukraine - Wikipedia, the free encyclopedia.
- Country: Ukraine
- Date of creation: July 2, 2015
- Previous Office: Police
- Management of activities is carried out by the Ministry of Internal Affairs of Ukraine
- Upper department: the Cabinet of Ministers of Ukraine
- Headquarters: Kiev, st. Academician Bogomolets, 10
- Number of employees: 10,389 (patrol police) (as of April 28, 2016)
- Head of the National Police: Khatia Dekanoidze
- Key document: Law on the National Police
- Site: npu.gov.ua
This article uses automatic translation. Sorry for the misprints, point us to them!
1. You stopped the policeman
The stop of the vehicle is carried out solely by a rod, and in exceptional cases by a gesture of the hand. At the same time, the policeman first points to the vehicle, which should stop, and then - to the place where he should stop (paragraph 27.3 of Order No. 111 of 27.03.2009. "On approval of the Instruction on the activities of units of the road patrol service State traffic police of the Ministry of Internal Affairs "). The law (clauses 1-9 of part 1 of Article 35 of the Law on the "National Police") defines an exhaustive list of cases that entitle the police officer to stop a vehicle, namely:
- 1) if the driver violated the Rules of the Road;
- 2) if there are obvious signs of a technical malfunction of the vehicle;
- 3) if there is information indicating the involvement of a driver or passengers of a vehicle in the course of an accident, a criminal or administrative offense, or if there is information, which indicates that the vehicle or cargo may be the object or instrument of an accident, criminal or administrative offense;
- 4) if the vehicle is wanted;
- 5) if it is necessary to carry out a survey of the driver or passengers on the circumstances of the commission of an accident, criminal or administrative violation, witnessed by them or could be;
- 6) if it is necessary to involve the driver of the vehicle in providing assistance to other road users or police officers, or as a witness in the preparation of protocols on administrative offenses or road accidents;
- 7) if the authorized body of state power has made a decision to restrict or prohibit the movement;
- 8) if the method of securing cargo on a vehicle creates a danger to other road users;
- 9) violation of the procedure for determining and using on the vehicle special light or sound signaling devices.
All other reasons for stopping the car are illegal.
In any case, the police officer is obliged to inform the driver of the specific reason for stopping the vehicle with a detailed description of the reason for the stop specified in these articles. At the request of a policeman, a stop should be carried out in compliance with traffic regulations (paragraph 2.4 of the SDA). If the policeman can not name the reason for the stop, his further actions are illegal and you do not have to fulfill them.
Do not rush "to rush into the arms of a policeman," running out of the car, until you figure out his intentions. Do not leave the car, but wait for the police officer while in the car. Lock the doors in the lower position, for communication, the glass of the driver's door is lowered. A policeman, according to clause 27.4. Order 111, has the right to invite the driver to leave the car only:
- a) In order to eliminate the technical malfunction of the vehicle or violations of the rules for the carriage of goods;
- b) When there are sufficient grounds to believe that the driver is in a state of intoxication;
- c) When the driver or passengers are suspected of committing a crime;
- d) When it is necessary for the driver to participate in the preparation of documents or to provide assistance to other road users.
If you have an audio-video-recording device (mobile phone with technical capabilities, etc.) - turn it on.
Fix the car on which the police officer is serving. If you are in the vicinity of other stopped vehicles, drivers or passengers - record them and write down the license plates of these vehicles in order to identify possible witnesses in case of conflicting legal relations with the police.
If the policeman forced you to stop in one of the places forbidden to stop (paragraph 15.9), fix the objects that you have in such a way that you can identify the location of your car. To stop vehicles in places prohibited by traffic regulations (except for railway crossings), the police officer has the right in exceptional cases (sufficient grounds to believe that the driver is intoxicated, suspected of committing a crime, left the scene of an accident, creates emergency situations for other participants in the traffic) 12.11 of Order 111).
2. How to talk with a policeman on the road?
During the stoppage of the vehicle, the policeman must immediately approach the driver, and not force him to waste his time (paragraph 27.4 of Order 111).
Carefully listen and record the appeal to you to a police officer, a ban on such actions is illegal. When addressing the driver, the policeman is obliged: to say hello; clearly and clearly to name your position, rank and surname; to report the reason for the stoppage of the vehicle, the essence of the appeal, the essence of the committed offense in the event of its commission. At the request of a traffic participant, a policeman must present his / her service certificate (part 3 of Article 18 of the Law on the National Police).
A policeman has the right to make a demand for a driver:
- a) a driving license;
- b) a registration document for the vehicle;
- c) the policy (certificate) of compulsory insurance of civil liability of owners of land vehicles for verification (clauses 14.7, 27.2 of Order 111, subparagraph "a" of paragraph 2.4 of the SDA).
It is not necessary to provide these documents in the hands of a policeman, it is enough to show it in its expanded form. The requirement of a police officer to hand over to him illegal documents (Paragraph 2, Part 2, Article 16 of the Law of Ukraine "On Road Traffic", subparagraph "a" of paragraph 2.4 of the SDA). Before presenting their documents, it is desirable to express the requirement for him to show his business card).
With the certificate it is desirable to rewrite the surname, first name, patronymic, title, position for possible appeal of actions to the prosecutor's office or to the court, also clarify the reason for the stop and the essence of the committed offense. Do not forget to write down the badge number of the employee, you may also need it to identify him (he can not be hidden or in any way prevented from reading the information on him and fixing it with the help of hardware - part 3 of article 20 of the National Police ).
In relations with road users, a police officer is prohibited from: applying to "you"; use threatening or insulting gestures; to allow in communication a disdainful tone, rudeness, impolite statement of remarks, expressions or cues that offend human dignity, threats; to present groundless accusations (clause 17.2 of Order 111).
Please note whether the surname, title and position correspond to those that the police officer named when applying, and the validity of the certificate has not expired. If there is a discrepancy or the expiration of the validity period of the certificate, do not fulfill the requirements of such an employee, immediately call the police on duty at telephone number 102 and on the helpline (the phones are on the MVD website). Perhaps, such a "policeman" is just a fraudster in the form, which thus earns money, which is a crime under Art. 390 of the Criminal Code of Ukraine.
3. Police officers want to review your car.
According to subparagraph "c" of clause 2.4. SDA, at the request of a police officer, the driver should give an opportunity to inspect the vehicle, but in accordance with the law and if there is a legitimate reason. In addition to traffic rules, the right to inspect law enforcement bodies in certain cases, your car is also provided by a number of norms of the Administrative Code, the National Police, the Law on Measures for Counteraction, etc. However, none of these norms defines the scope of such a review inspect the car from the outside, or inspect the car interior, including hard-to-reach places). Such uncertainty by police officers, as a rule, is explained in their favor. Moreover, the new Law "On the National Police" establishes an additional form of review - "superficial verification", which also affects vehicles. In this case, the policeman has the right to demand to open the trunk lid and / or saloon doors (part 5 of Article 34 of the Law on the National Police). But you still have to independently show the policeman the contents of personal belongings or a vehicle.
In addition, keep in mind that the review from the search is different in that when you inspect active activities are carried out by you (for example, you independently open the trunk, doors of the salon, show the closed seats of the cabin, etc.), fulfilling the requirements of the policeman, and he, in in turn, only observes your actions and things, not touching anything with your hands. According to the results of the inspection, a protocol is necessarily drawn up, one copy of which you must receive. But, if this is a "surface check", the boundary between them is difficult to distinguish in this case, the protocol is not compiled, such actions, unfortunately, are not fixed in any way.