Have you been stopped on the road by the new police? Your rights. Memo to the driver.
Have you been stopped on the road by the new police?
In our article we will describe what your actions should be and what you / the police are entitled to.
The National Police of Ukraine (Ukrainian National Policy Office of Ukraine) is the central executive body of Ukraine, which serves the public by ensuring the protection of human rights and freedoms, counteracting crime, maintaining public order and public safety. The activities of the National Police are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of the Interior in accordance with the law.
The police are designed to protect the life, health, rights and freedoms of citizens of Ukraine, foreign citizens, stateless persons; to counteract crime, protect public order, property and ensure public safety. Within the limits of their competence, the activities of the police are managed by the President of Ukraine directly or through the Minister of the Interior, the heads of the territorial bodies of the Ministry of the Interior and the heads of the police units.
National Police of Ukraine. Wikipedia, the free encyclopedia.
- Country: Ukraine
- Created on: July 2, 2015
- Previous Office: Police
- The management of the activities carried out: Ministry of Internal Affairs of Ukraine
- Superior Office: Cabinet of Ministers of Ukraine
- Headquarters: Kiev, st. Academician Bogomolets, 10
- Number of employees: 10389 (patrol police) (as of April 28, 2016)
- Head of the National Police: Khatia Dekanoidze
- Key Document: Law on the National Police
- Website: npu.gov.ua
This article uses automatic translation. Sorry for typos, point us at them!
1. A policeman stopped you.
The vehicle is stopped exclusively by the rod, and in exceptional cases by hand gesture. At the same time, the policeman first points to the vehicle that is supposed to stop, and then to the place where he should stop (paragraph 27.3. Order No. 111 of 03/27/2009). “On approval of the Instruction on the activities of road patrol units State Traffic Police Inspectorate "). The law (clause 1-9, part 1, article 35 of the Law of Ukraine "On the National Police") defines an exhaustive list of cases entitling a police officer to stop a vehicle, namely:
- 1) if the driver has violated the rules of the road;
- 2) if there are obvious signs indicating a technical malfunction of the vehicle;
- 3) if there is information indicating the involvement of the driver or passengers of the vehicle in the commission of a road traffic accident, a criminal or administrative offense, or if there is information that indicates that the vehicle or cargo may be an object or instrument of an accident, criminal or administrative offense;
- 4) if the vehicle is wanted;
- 5) if it is necessary to interview the driver or passengers about the circumstances of the accident, a criminal or administrative offense, of which they are or could have been witnesses;
- 6) if it is necessary to involve the driver of the vehicle to assist other road users or the police, or as a witness when drawing up protocols on administrative offenses or traffic accident materials;
- 7) if the authorized state authority has decided to restrict or prohibit 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 special light or sound signaling devices on a vehicle.
All other reasons for stopping the car are illegal.
In any case, the police officer is obliged to inform the driver about the specific reason for stopping the vehicle with a detailed description of the reason for the stop defined in these articles. At the request of a police officer, the stop should be carried out in compliance with the requirements of the Road Traffic Regulations (paragraph 2.4 of the Road Traffic Regulations). If the police officer cannot give the reason for the stop, his further actions are illegal and you are not obliged to carry them out.
Do not rush to "rush into the arms of the police", running out of the car, until you find out his intentions. From the car, do not go out, and wait for the police officer, while in the car. Install the door locks in the lower position, for communication the driver's door glass is lowered. Police officer, in accordance with paragraph 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 reasonable grounds for believing that the driver is intoxicated;
- c) When a driver or passengers are suspected of having committed a crime;
- d) When the driver needs to be involved in the execution of documents or the provision of assistance to other road users.
If you have an audio-video device (mobile phone with technical capabilities, etc.) - turn it on.
Lock the car, which serves as a policeman. If you are near other stopped vehicles, drivers or passengers - fix them and write down the license plates of these vehicles in order to identify possible witnesses in case of contradictory legal relations with the police.
If a policeman forced you to stop at one of the places prohibited for stopping (Section 15.9. Traffic Regulations), fix objects located near you so that you can identify the location of your car. The policeman has the right to stop vehicles in places prohibited by traffic rules (except for level crossings) in exceptional cases (there are sufficient grounds to believe that the driver is intoxicated, suspected of having committed a crime, left the scene of an accident, creates emergency situations for other road users) 12.11. Order 111).
2. How to talk with a policeman on the road?
During a vehicle stop, a police officer must immediately approach the driver, and not force him to waste time (paragraph 27.4. Order 111).
Listen carefully and record the appeal to you of a police officer, the ban on such actions is unlawful. When contacting the driver, the police officer must: say hello; clearly and clearly state your position, rank and surname; report the reason for stopping the vehicle, the essence of the appeal, the essence of the offense in case of its commission. At the request of a road user, a police officer is required to present his official ID (part 3 of article 18 of the Law of Ukraine “On the National Police”).
The police officer has the right to make a request for the driver to present:
- a) certificate of the right to drive a vehicle;
- b) registration document for the vehicle;
- c) the policy (certificate) of compulsory insurance of civil liability of owners of land vehicles for inspection (clauses. 14.7., 27.2. Order 111; sub-clause “a”, clause 2.4. Traffic rules).
It is not necessary to submit the named documents to the police officer, it is enough to show in expanded form. The requirement of a police officer to hand over illegal documents to him (paragraph 2, part 2, article 16 of the Law of Ukraine "On Road Traffic"; sub-clause "a", clause 2.4. Traffic regulations). Before you submit your documents, it is desirable to express the requirement for him to show his official ID).
It is advisable to rewrite the surname, first name, patronymic, rank, position for a possible appeal to the prosecutor’s office or to the court, as well as to clarify the reason for the suspension and the essence of the offense. Do not forget to write down the number of the employee’s badge, you may also need it to identify it (it cannot be hidden or in any way prevented from reading the information on it and fixing it with the help of technical means - Part 3, Article 20 of the Law of Ukraine “On the National Police” ).
In relations with road users, a police officer is prohibited: to turn to “you”; use threatening or abusive gestures; to allow in communication a dismissive tone, rudeness, impolite statement of remarks, expressions or remarks that offend human dignity, threats; bring groundless charges (clause 17.2. Order 111).
Pay attention to whether the name, title and position correspond to those that the policeman called when contacting, and the validity of the certificate has not expired. In the case of discrepancies or expiration of the certificate, do not comply with the requirements of such an employee, immediately call the duty police by phone 102 and on the helpline (there are telephones on the website of the Ministry of Internal Affairs). Perhaps such a “policeman” is simply a fraudster in a form who 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 subclause “c” of clause 2.4. Traffic police, at the request of a police officer, the driver must give the opportunity to inspect the vehicle, but in accordance with the law and if there are legal grounds. In addition to traffic rules, the right for law enforcement officers to inspect in certain cases your car is also provided by a number of norms of the Code of Administrative Offenses, the Law of Ukraine “On the National Police”, the Law of Ukraine “On countermeasures ...”, etc. However, none of these standards define the scope of such a review ( inspect the car outside, or inspect the vehicle 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 - “surface inspection”, which vehicles are also subjected to. In this case, the police officer has the right to demand to open the trunk lid and / or cabin doors (part 5 of article 34 of the Law of Ukraine “On the National Police”). But you still have to show the contents of your personal belongings or vehicle to the police officer.
Also, keep in mind that the review from the search is different in that when you look at the active actions are carried out by you (for example, you open the trunk, the doors of the cabin, show closed areas of the cabin, etc.), fulfilling the demands of the policeman, and he turn, just watching your actions and things without touching anything with your hands. According to the results of the inspection, a protocol is compiled, one copy of which you must receive. But, if this is a “superficial check”, the border between which is difficult to distinguish in this case, the protocol is not drawn up, such actions, unfortunately, are not fixed in any way.