Legal encyclopedia. The letter a

ADMINISTRATIVE DETENTION

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This is a short-term restriction of the freedom of an individual who can only be used in exceptional cases and if this is necessary to ensure the proper and timely consideration of the case, the enforcement of the decision in the case of an administrative violation.

The purpose of AZ as measures to ensure the proceedings in the case of an administrative offense is to establish the identity of the offender, draw up a protocol on an administrative offense. The basis for applying AZ is only the commission of an administrative offense.

Foreign citizens who enjoy diplomatic immunity and who have presented the relevant document (diplomatic passport, diplomatic or consular card, etc.) are not subject to AZ.

The judge also can not be detained and

Was forcibly taken to the state body in the procedure of proceedings for administrative offenses.

Do not apply AZ and to military personnel. If they commit a serious administrative offense in a public place where there are no military patrols, they can be detained and immediately along with the materials on the offense transferred to military commandants, commanders of military units, military commissars.

Detained minors,

Committed administrative

Offenders are brought to the temporary isolation centers for juvenile delinquents of internal affairs bodies who provide round-the-clock reception and temporary maintenance of juvenile offenders in order to protect their lives, health and prevent repeated offenses. The centers can accommodate juveniles who committed an offense that entails administrative responsibility if their identity is not established or they do not have a place of residence, a place of stay or do not reside on the territory of a constituent entity of the Russian Federation where they were committed

offense.

To persons authorized within the established competence to implement AZ, include:

1) officials of the bodies of internal affairs;

2) the senior in the place of location of the protected object, the official of departmental protection or extra-departmental security in the bodies of internal affairs;

3) servicemen of internal troops of the Ministry of Internal Affairs of the Russian Federation;

4) officials of the military automobile inspection;

5) servicemen of border guard agencies and troops;

6) officials of federal bodies of tax police, customs authorities;

7) servicemen and officials of the penitentiary system.

AZ is a short-term restriction of freedom, and recognition, observance, protection of human and citizen's rights and freedoms in the application of this measure is the duty of state bodies and officials.

No one shall be detained, except in cases provided for by law.

The detained person is explained his rights and obligations stipulated by the Code of Administrative Offenses of the Russian Federation, which is recorded in the protocol on AZ. He can appeal against AZ to a higher authority or to the prosecutor. The persons who applied this measure are obliged to provide the detainee with the opportunity to address the complaint either verbally or in writing.