If your passport is confiscated
You can often observe the following picture: a police officer, after a quick look at the documents, does not return them back to the citizen, but puts them in his pocket. After this, the “detainee” is asked to go into the car or to the police station to draw up a report or pay a fine, and away from prying eyes they simply “knock out”, often literally, 100-300 rubles. From the following Algorithm you will be able to learn how to protect yourself from such precedents, what you need to do when checking documents, and what liability you face for the illegal seizure of your passport.

In what cases is it legal to confiscate a passport?
1. If the passport was issued in violation of the established procedure (the citizen provided false information, was not a citizen of Russia at the time of receiving the document, did not pay the state fee, issued a passport not at his place of residence) or was issued on a lost (stolen) form.
2. If the passport belongs to a person detained or sentenced to imprisonment. In such cases, the document is temporarily seized by the preliminary investigation body and deposited in the archive, and in return a certificate of the established form is issued.

Who has the right to confiscate a passport?
Seizure of passports (other identity documents) is carried out by the internal affairs body Russian Federation, the Federal Migration Service or its territorial body that identified such (see paragraphs 1, 2) passport. It follows from this that no other entity (be it an employer, military commissar, hostel commandant, librarian, etc.) or other government or local government body has the legal right to confiscate a passport.
Other identification documents that replace a passport in the Russian Federation:
. temporary identity card of a citizen of the Russian Federation, issued for the period of registration of the passport (in the case when the latter was stolen, lost or is being processed at the request of the owner)
. an identification document of a citizen of the Russian Federation, by which a citizen of the Russian Federation enters the Russian Federation in accordance with the federal law regulating the procedure for leaving the Russian Federation and entering the Russian Federation (for persons permanently residing outside the territory of the Russian Federation)
. seafarer's passport (seafarer's identity card)
. military identification card or military ID for persons who pass military service.

What should you be given in exchange for your passport?
Upon seizure, an act of seizure of the passport (other identity document) must be issued, drawn up in two copies in any form. The act indicates the date, place of drawing up the act, position and surname of the person who drew it up, information about the person in whose name the passport is issued, the series and number of the seized passport, as well as the reason for its seizure. Such an act is signed by the person who drew it up and approved by the head of the internal affairs agency or the head of a division of the Federal Migration Service. The presence of attesting witnesses or witnesses when drawing up the act is not provided.
As a rule, when a passport is illegally confiscated, the “offender” tries to get by without a written protocol on the confiscation. Be sure to demand the drawing up of such an act!

How should documents be verified?
A police officer or Federal Migration Service must introduce himself. In any case, before you start a substantive conversation with the law enforcement officer, before you present documents to him, you need to record his data (it’s best to write it down on a piece of paper). A vaguely pronounced title and surname, without mention of position, especially his overly excited state should immediately alert you: most likely, the employee is trying to hide his data to make it difficult for him to subsequently identify him and possibly appeal his actions.
You have every right to ask a question about why they want to confiscate your passport. The law enforcement officer is obliged to explain and justify his actions. These answers must also be well recorded (written down).
We advise you to request their return after reviewing your documents. Even if you are taken to the police station, your passport must be in your personal possession.

NOTA BENE
All of the above also applies to citizens of other countries; first of all, it is important for citizens of the CIS to know this. Their passports are the property of other states. Therefore, citizens of the CIS, regardless of what the Russian police accuse them of, need to write a complaint to the Prosecutor's Office of the Russian Federation and to the consulates of their countries.

If your passport is still confiscated
If you are not in custody and received a passport in the prescribed manner, but it was still confiscated, you have the right to file a complaint with the boss, the head of the unit of the structure whose representatives the passport was confiscated, or with the prosecutor's office. In your complaint, describe in detail: where, how and under what circumstances you lost your documents. Indicate who took your passport and on what grounds this was done. This is where the previously recorded data comes in handy.
It is easier and more reliable to submit a complaint (application) to the office in person. To do this, prepare two copies of the application so that they are marked with the number of incoming correspondence, the date and signature of the official who accepted it. Under no circumstances should you put your application in the “For Citizens' Appeals” box! It is unknown how soon it will be removed from there and to whom exactly it will go. Do not listen to the advice of office managers that applications should be placed in the above boxes; demand that they register your application in front of you. You can also send your application by mail, but be sure to include a receipt. You also have the right to go to court at the same time.
If, nevertheless, your passport was confiscated without recording this in writing, and they promise to return it in a few days, for example, at the police station, then in this case we still recommend appealing the illegal actions of the violators.

Responsibility for seizure (theft) of a passport
For the illegal seizure of a citizen's identity card (passport) or the acceptance of a citizen's identity card (passport) as collateral, administrative liability is provided for officials carrying out such actions. Illegal seizure official citizen's identity card (passport) entails the imposition administrative fine in the amount of one hundred to three hundred rubles. Accepting a citizen's identity card (passport) as collateral entails a warning or the imposition of an administrative fine in the amount of one hundred rubles.
In addition, for the deliberate illegal seizure or theft of a citizen’s passport, he faces severe penalties. criminal liability- both in the form of impressive fines and arrest or correctional labor (clause 2 of Article 325 of the Criminal Code of the Russian Federation). This should not be forgotten, including by close relatives of citizens, who sometimes “with the best intentions” steal documents from their children so that they “don’t make a mistake” - for example, they don’t leave home or get married.

Russian human rights activists published a memo that explains in detail the rights of citizens who, due to certain circumstances, were forced to communicate with employees of the Ministry of Internal Affairs.

Can a police officer check the documents of any citizen he meets?

No. In accordance with Part 2 of Art. 13 of the Law of the Russian Federation “On Police”, such a right arises for a police officer only if:

• there is evidence that gives reason to suspect a citizen of committing a crime;
• there is information that the citizen is wanted;
• there is a reason to initiate a case of an administrative offense against a citizen, or if he is caught committing such an offense;
• there are grounds for detaining a citizen.

In accordance with Part 4 of Art. 14 of the Federal Law “On Police”, the categories of citizens who can be detained include, in addition to those mentioned above:

1. Suspects of committing crimes and persons against whom a preventive measure in the form of detention has been chosen;
2. Those who escaped from custody, evaded serving a sentence, or failed to arrive at the place where the sentence was to be served;
3. Evading administrative arrest or execution of court-ordered arrests coercive measures medical nature or compulsory measures of educational influence, or from going to specialized medical institutions to carry out compulsory measures of a medical nature assigned to them by the court;
4. Those who illegally entered or attempted to enter protected facilities;
5. Those who violated curfew rules;
6. Those who have attempted suicide or have signs of severe mental disorder and create a danger to themselves and others by their actions;
7. Those who have escaped from a psychiatric hospital or are hiding from court-ordered hospitalization in such an institution;
8. In respect of whom a request for extradition has been received from a foreign state on the grounds and in the manner prescribed by the legislation of the Russian Federation.

If you do not belong to these categories of citizens, then there is no reason for the police to check your documents. But we should not forget that in accordance with Art. 72 of the order of the Ministry of Internal Affairs of the Russian Federation dated January 29, 2008 N 80 “Issues of organizing the activities of combat units of the patrol service of the public security police,” the police are obliged to address Special attention on the:

• persons who often appear at objects where they are stored or in circulation material values, banking institutions, trading enterprises, warehouses, bases, and those showing interest in the condition of windows, doors, locks, fences, operating hours and security organization;
• showing suspicious alertness and anxiety, dressed inappropriately for the season or in clothes that do not correspond to their height and build, as well as having bandages and injuries;
• groups of people, especially young people, gathering in squares, courtyards, entrances of houses and other places;
• engaged in vagrancy and begging;
• street children and children playing in dangerous places.

Police attention to these groups, unless, of course, there is a violation of their rights, is not a violation of the law.

What are the rules for a police officer to contact a citizen?

When contacting a citizen, a police officer must:

1. state your position, rank, surname, present your official identification at the request of the citizen, and then state the reason and purpose of the appeal;
2. in case of application to a citizen of measures that limit his rights and freedoms, explain to him the reason and grounds for the application of such measures, as well as the rights and obligations of the citizen arising in connection with this (Part 4 of Article 5 of the Federal Law -3).

The Charter of the Patrol Service (Order of the Ministry of Internal Affairs of the Russian Federation No. 80 of 2008) imposes special requirements on a PPS employee when communicating with a citizen. The teaching staff employee is obliged to say hello, putting his hand to his headdress, state his position, rank and surname, and then briefly state the reason and purpose of the appeal (clause 227 of the Charter of the teaching staff). At the request of officials and citizens, the patrol (guard) policeman is obliged to state his name, the internal affairs agency and present his service ID, without letting it go (clause 228 of the PPSM Charter). As stated in the “Memo on the professional culture of relations between police officers and citizens,” “in dealing with citizens, an arrogant tone, rudeness, arrogance, impolite presentation of comments, threats, expressions and remarks that offend human dignity,” moralizing and unfair reproaches, presentation of undeserved accusations, threatening gestures and signs. The police officer must present his demands and comments in a polite and convincing manner, listen to explanations carefully, without interrupting the speaker.”

When talking with citizens, a PPSM employee must show calm and restraint; they must not enter into arguments, lose self-control, respond to rudeness with rudeness, and not be guided in their actions by personal hostile feelings (clause 229). If the offender reacts excitedly to comments made to him, you need to give him time to calm down and give him the opportunity to give an explanation about his unlawful actions, and then explain the incorrectness of his behavior with reference to the relevant laws or other regulations legal acts. Only after this can a decision be made to draw up a protocol, to deliver the offender to the department of internal affairs, or to confine himself to a remark (clause 230).

Reprimands for violators who have children with them should, if possible, be made in such a way that the children do not hear it (paragraph 231). Patrol officers should treat teenagers with the same courtesy as adults. Remarks for children are made taking into account their age (clause 232). If money and other securities, it is necessary to invite the owner to take them himself (clause 233).

At the same time, it should be noted that this is a difficult situation when you believe that you did not violate anything and there were no grounds for checking your documents, but the policeman made a mistake in good faith, unwittingly violating your rights. In such a situation, you must try to explain to the police officer that he is wrong; if he does not agree with you, you should comply with his demands by informing the duty department of the internal affairs body about the violation by phone “02”. After the restriction of your rights has been terminated, you can forgive the employee (if he apologized to you) or appeal his actions.

Is a police officer required to identify himself if approached by a citizen?

Yes, and not just name your position, title, last name, but also listen carefully to the citizen, take appropriate measures within the limits of your authority, or explain whose competence it is to resolve the issue raised (Part 5 of Article 5 of the Federal Law -3).

How should a patrol officer act if he identifies a foreign citizen without registration?

When checking documents of foreign citizens and stateless persons, the patrol officer is guided by the laws governing legal status foreign citizens on the territory of the Russian Federation. At the same time, he draws attention to the place and validity period of registration of the national passport, documents confirming the legality of stay in the Russian Federation, the presence of appropriate marks (date - stamp) confirming the crossing of the State Border of the Russian Federation (clause 238).

When identifying foreign citizens and stateless persons who do not have documents with them, are staying without registration, as well as with expired or invalid documents, the patrol officer is obliged to inform the police officer on duty about this and act on his instructions (clause 239).

At the same time, in accordance with paragraphs 34, 35 of the “Manual on organizing the activities of the Ministry of Internal Affairs of the Russian Federation, the Federal Migration Service and their territorial bodies for deportation and administrative expulsion from the Russian Federation of foreign citizens or stateless persons,” approved by the Ministry of Internal Affairs of the Russian Federation and the Federal Migration Service 12.10. 09 N 758/240, an employee of the Ministry of Internal Affairs has the right to deliver a person without registration to only one place - the Federal Migration Service. Delivering a foreign citizen who violates the registration rules to the police department on duty is the exclusive competence of a FMS employee.

If you believe that you did not violate anything and there were no grounds for checking your documents, but the policeman made a mistake in good faith, unwittingly violating your rights, you should try to explain to him that he is wrong. If he does not agree with you, you should comply with his demands by informing the duty department of the internal affairs body about the violation by phone “02”. After the restriction of your rights has been terminated, you have the right to forgive the employee (if he apologized to you) or appeal his actions.

Is a citizen required to carry a passport?

No. In accordance with Art. 55 of the Constitution of the Russian Federation, any duty can be imposed on a citizen only by federal law. However, no federal law requires a citizen to carry a passport. This means that holding a person accountable for not having a passport with him is illegal.

But if a citizen has lost or damaged his passport due to careless storage, or has deliberately harmed his passport, he will face liability under Art. 19.16 Code of Administrative Offenses - a fine in the amount of 100 to 300 rubles. The citizen also becomes liable if at his place of permanent residence or place of temporary residence (the so-called place of stay) he does not have a passport, or the passport is invalid, or the citizen does not have registration. Please note: citizens of Russia and Belarus have the right to live in residential space without registration for up to 90 days, Foreign citizens- up to 7 days.

Let us clarify what “place of stay” and “place of residence” are. In accordance with the Law of the Russian Federation dated June 25, 1993 N 5242-I “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation,” a place of stay means a residential premises in which a person lives temporarily (for example, a hotel, sanatorium, holiday home, boarding house, camping site, tourist center, hospital, etc.).

Place of residence means a residential building, apartment, service housing, dormitory, shelter hotel, house of flexible fund, home for single elderly people, boarding house for the disabled, veterans, etc., as well as other residential premises in which the citizen is permanently or primarily resides as an owner, under a lease (sublease), lease agreement or on other grounds, provided for by law(Article 2 of the Law of the Russian Federation).

In accordance with clause 4 of the Rules approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713 "On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of officials responsible for registration" control Compliance with the Registration Rules is monitored by the Federal Migration Service of the Russian Federation. The police only help them with this.

If you believe that you did not violate anything and there were no grounds for checking your documents, but the policeman made a mistake in good faith, unwittingly violating your rights, you must try to avoid the development of a conflict and explain to him that he is wrong. If he does not agree with you, you should comply with his demands by informing the duty department of the internal affairs body about the violation by phone “02”, asking to send a representative of higher management to the place for the investigation. After the restriction of your rights has been terminated, if the employee apologizes to you, you have the right to forgive him, and if he does not repent or his actions caused significant harm to you, the employee’s actions should be appealed, up to the recovery of damage caused by unlawful actions or police inaction.

Is a police officer patrolling the territory required to accept a report of an offense outside the duty station?

Yes. According to clause 9 of the Instruction on the procedure for receiving, registering and resolving statements, messages and other information about incidents in the internal affairs bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 333 of 05/04/10, “outside the internal affairs bodies, reports of incidents are required to be accepted by any employees internal affairs bodies, while the employee records information about the applicant. Reports of incidents received by the employee are transmitted by courier, by telephone or by other means of communication to the duty station of the internal affairs body for immediate registration."

Paragraph 87 of the Patrol Service Charter requires an employee of the Ministry of Internal Affairs, when receiving information from citizens about crimes being committed or committed, to establish and record all identifying information about the applicants, the specific location of the crime, by whom and against whom it was committed or is being prepared, and other information relevant to solving a crime. After this, the policeman must immediately report this to the duty officer and the boss, take measures to identify and detain the perpetrators of the crime, provide assistance to the victims, identify witnesses and, until the arrival of the investigative team, ensure the protection of the scene of the incident, the integrity of the situation, the safety of traces and material evidence. Therefore, if, when contacting a police officer, they recommend that you go and write a statement to the duty station, remind the requirement of clause 9 of Order No. 333 of the Ministry of Internal Affairs of the Russian Federation.

Does a police officer have the right to demand citizens to leave a certain place?

Yes, but only if:

1. this place is the place where a crime, administrative offense, or incident was committed, and it is necessary to carry out investigative actions or operational search activities at this place;
2. it is necessary to preserve traces of the crime;
3. to ensure the safety of citizens, in order to protect their life, health and property;
4. when in public places at the site of an uncoordinated public event of citizens, if the resulting crowd of citizens creates a threat to their or other persons’ life and health, property, disrupts the work of organizations, impedes the movement of vehicles and pedestrians.

In the latter case, the police have the right to demand that citizens either disperse or move to another place (Clause 7, Article 13 of Federal Law No. 3).

In what case can physical force, handcuffs, a rubber truncheon or a firearm be used against a citizen?

Rule #1: Before using them, the officer must inform the person against whom such use is planned that he (the police officer) intends to use force or special means, and give this person time to comply with the lawful demands of the police officer (Clause 1 of Article 19 of the Federal Law No. 3). But this rule does not apply if the delay creates an immediate threat to life or health, as well as the danger of other serious consequences.

Rule #2: when using them, the police officer not only takes into account the situation, the degree of danger of the person’s actions, the nature and strength of the resistance provided, but also strives to minimize damage (Part 3 of Article 19).

Rule #3: If, as a result of the use of physical force, special means or weapons, a citizen is injured, the police officer provides him with first aid and takes measures to provide medical assistance.

Rule #4: If such bodily harm is caused to a citizen, the police officer notifies the relatives or other loved ones of the victim as quickly as possible, but no later than 24 hours (Part 5 of Article 19).

Rule #5(applies only to physical force): physical force is used only when it is impossible to stop an offense by non-forceful means, to force a police officer to comply with a legal requirement, or to deliver a detainee (Part 1 of Article 20 of the Federal Law No. 3).

Rule #6:“Police activities that restrict the rights and freedoms of citizens are immediately terminated if a legitimate goal is achieved or it becomes clear that this goal cannot or should not be achieved by limiting the rights and freedoms of citizens” (Clause 2 of Article 5 of the Federal Law No. 3).

A police officer can use special equipment in the following cases:

	Rubber poles	Gas products	Mobility restraints	Special coloring and marking agents	Electroshock devices	Service Animals	Means of forced stop of transport	Means of restricting movement	Water cannons
1) repelling an attack on a citizen or police officer	Yes	Yes	No	No	Yes	Yes	No	Yes	No
2) suppression of a crime or administrative offense	Yes	Yes	No	No	Yes	Yes	No	Yes	No
3) suppression of resistance provided to the employee	Yes	Yes	Yes	No	Yes	Yes	No	Yes	No
4) detention of someone caught committing a crime and trying to escape	Yes	Yes	Yes	No	Yes	Yes	No	Yes	No
5) detention of a person who may offer armed resistance	Yes	Yes	No	No	Yes	Yes	No	Yes	No
6) delivery to the police, escort and protection of detainees and prisoners	No	No	Yes	No	No	Yes	No	No	No
7) release of forcibly detained persons, seized buildings and premises	Yes	Yes	No	No	Yes	Yes	No	No	Yes
8) suppression of riots and other illegal actions disrupting traffic	Yes	Yes	No	No	Yes	No	No	No	Yes
9) stopping a vehicle whose driver did not comply with the police officer’s request to stop	No	No	No	No	No	No	Yes	No	No
10) identification of persons who commit or have committed crimes or administrative offenses	No	No	No	Yes	No	Yes	No	No	No
11) protection of protected objects, blocking the movement of groups of citizens	Yes	No	No	Yes	No	Yes	Yes	No	Yes

For failure to comply with the legal requirements of a police officer, a citizen is liable under Art. 19.3 of the Code of Administrative Offenses of the Russian Federation and can be arrested for a period of 1 to 15 days. At the same time, when violence is used against a representative of the authorities, liability arises under Art. 318 of the Criminal Code of the Russian Federation, which provides for up to 5 years of imprisonment, and causing minor harm to a police officer - up to 10 years of imprisonment.

How to behave if you are detained?

If you believe that you were detained unreasonably, be calm and restrained, completely copy down all the information on the official ID of the employee who detained you, as well as those persons who refused to let you go when taken to the department’s duty station.

If possible, identify and record the information of witnesses who can confirm the unfoundedness of your detention, demand the opportunity to contact your relatives or a lawyer.

If possible, report the unlawful actions of the police officer by calling “02”, where your call will be recorded not only by the operator, but also on an electronic medium.

Keep in mind that if you are accused of committing an administrative offense or a criminal offense, the case of which is subject to consideration by a magistrate, then not necessarily a lawyer, but any an adult capable citizen.

Write down the details of your cellmates; it is possible that you will need their certificates. Read everything you sign carefully. If something in the protocol or act is written incorrectly, make a handwritten note below with your objections.

If you have evidence of innocence that the police do not know about or do not want to pay attention to, before signing the document, write your petitions (“I ask you to call and interrogate such and such, request and attach such and such a document, inspect such and such room" etc.).

If you are really guilty, focus on mitigating circumstances and positive data about your personality. In this case, by denying your guilt, you are likely to worsen your own situation.

Where can you complain about unlawful actions of police officers?

Name of body	Address	Telephone
Department of Internal Security of the Moscow City Internal Affairs Directorate	Moscow, st. Barrikadnaya, 8 building 5-g	255-96-57, 254-86-50 (at the Metropolitan)
Personnel Inspectorate of the Moscow City Internal Affairs Directorate	Moscow, Petrovka, 38	698-66-61, 698-66-63
Helpline of the Moscow City Internal Affairs Directorate	Moscow, Petrovka, 38	709-13-12
Police Department at the Moscow Metro	Mira Ave., 41 building 2	622-71-94, 621-01-31
Government hotline for law enforcement agencies		777-11-47 (from 8.00 to 17.00)
Duty department of the Moscow City Internal Affairs Directorate	Petrovka, 38	02
Moscow Prosecutor's Office	Moscow, Novokuznetskaya, 27	951-71-97 (inquiry)
Reception of the Public Council at the Moscow City Internal Affairs Directorate	Moscow, Petrovka, 19 building 4	694-91-40

New badges for police officers

Instructions for citizens on communicating with police officers

However, remember that the offense you committed does not constitute grounds for a violation of your rights by police officers.

A man in uniform approached you

Before fulfilling any demands of a person in a police uniform (showing him your documents, showing him your things, etc.), you must ask him to introduce himself, name his position and show you his ID. He is obliged to do this at your request.

(Clause 93 of the Charter of the PPS - Patrol Service).

Refuse to answer his questions until he tells you his last name, place of work (OVD) and shows you his ID.

If possible, write down his full name, rank, ID number, and the name of the police department where he works. Having lost anonymity, the police officer will behave more carefully, moreover, his data may be useful to you later.

Please note that the patrol service unit is required to patrol only on a strictly designated route, thus, an employee of the Medvedkovo Department of Internal Affairs does not have the right to patrol in the Chistye Prudy area.

The police officer asks for your documents

After you have clarified the details of the police officer who contacted you, clarify the reason for his contact. Unreasonable document checking is illegal. In addition to federal laws, there is Order of the Moscow City Internal Affairs Directorate No. 98 of February 22, 2003, which directly prohibits such actions by police officers (clause 1.1).

A police officer has the right to check your identity documents if there are sufficient grounds to suspect you of committing a crime or an administrative offense or to believe that you are wanted (Article 11, paragraph 2 of the Law of the Russian Federation “On the Police” and paragraph 100 Charter of the teaching staff).

Remember that in all cases of restriction of the rights and freedoms of a citizen, the police officer is obliged to inform him of the grounds and reason for such restriction, as well as his rights and obligations arising in connection with these (Article 5 of the Law of the Russian Federation “On the Police”).

It is important to show the police officer knowledge of the laws and seize the initiative. Let him justify his actions, this is his direct responsibility.

The police officer indicates the legal basis for checking your documents

Show him your passport or other document proving your identity (photocopy of your passport, student card, student card, driver's license, etc.) from your hands. Do not give your passport or other important documents to a police officer! By giving him your passport, you become dependent on him. An unscrupulous police officer can use it as collateral and a way to hold you for the time he needs. Confiscation of a passport is a direct violation of Article 19.17 of the Code of Administrative Offenses (CoA of the Russian Federation). Confiscation of a passport is allowed only in strictly defined cases, for example, when taken into custody during a criminal case.

If you don't have your passport with you

Don't worry, you are not required to carry your passport with you. Refer to the fact that by law you are required to keep your passport carefully (clause 17 of the Regulations on the passport of a citizen of the Russian Federation) and therefore keep it at home. No law obliges you to carry your passport with you. Show the police officer any other identification document (it’s best to have a photocopy of your passport, which you should always carry with you) or simply dictate your data to him.

A police officer wants to search your belongings

Tell him that during the search, he is required to draw up a report in the presence of two witnesses (these must not be police officers). Moreover, if a personal search is carried out, the policeman and witnesses must be of the same gender as the person being searched (Article 27.7 of the Code of Administrative Offenses of the Russian Federation). If the reason for the policeman’s contact with you lies outside the scope of the law, then, faced with such a demand, he is unlikely to continue the conversation.

Important: in the presence of witnesses, nothing will be thrown at you.

The police officer asks you to go with him to the station

Find out the reason and grounds for such a request. Find out what exactly you are suspected of. After this, call your parents, relatives or one of your friends and dictate the full name, position and ID number of the policeman who detained you, as well as the address where you are in this moment, and to which police department you are being sent.

At the police station

In the department, behave calmly, but from time to time call your loved ones and inform them that you are still in the department. If you are under 18 years old, ask the police officers to officially inform your parents or other relatives where you are (Article 5 of the Law “On the Police”).

Police officers do not like it when people from outside know about what is happening, even if they take your phone away, it is important if your location has already become known. Ask your loved ones or friends to call this police department and find out the reasons and expected duration of your detention. According to Article 27.5 of the Code of Administrative Offenses of the Russian Federation the period of detention under most articles of the Code of Administrative Offenses of the Russian Federation should not exceed 3 hours (however, if you are detained for an offense for which one of the penalties is administrative arrest, you can be detained for up to 48 hours).

If you were detained and brought to the police station without legal grounds, remember, that register you, take fingerprints (fingerprinting), take photographs and police officers do not have the right to take video without bringing charges. These actions are carried out only in relation to persons suspected and accused of committing crimes, subject to administrative arrest, as well as persons against whom there is a reason to initiate a case for an administrative offense, if it is impossible to establish their identity (Article 11, paragraph 15 of the Law “On the Police”).

In other cases, fingerprinting is carried out only with the citizen’s voluntary consent to this procedure, which must be given in writing. (Article 5 of the Law “On the Police”). If you are under 18 years of age, only your parent or guardian can give such consent.

Police officers often refer to Article 19.3 of the Code of Administrative Offenses of the Russian Federation “Disobedience to a lawful order of police officers...”

This offense is punishable by a fine of 500 to 1,000 rubles or administrative arrest for up to 15 days. This article concerns only LEGAL orders and demands of police officers. If their demands are illegal, you are not obligated to comply with them. Moreover, illegal orders and demands of police officers must be appealed in the manner established by the legislation of the Russian Federation.

Other articles Code of Administrative Offenses of the Russian Federation, which is important to know in order not to become an offender

Article 20.1. Petty hooliganism

1. Petty hooliganism, that is, a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to other people's property.

A fine of five hundred to one thousand rubles or administrative arrest for up to 15 days.

2. The same actions associated with disobedience legal requirement a representative of the government or another person performing duties to protect public order or suppress violations of public order.

A fine of one thousand to two thousand five hundred rubles or administrative arrest for up to 15 days.

Article 20.3. Propaganda and public display of Nazi paraphernalia or symbols

1. Propaganda and public display of Nazi paraphernalia or symbols or paraphernalia or symbols that are confusingly similar to Nazi paraphernalia or symbols

A fine of five hundred to one thousand rubles or administrative arrest for up to 15 days with confiscation of Nazi or other specified paraphernalia or symbols.

Article 20.20. Drinking beer and drinks made on its basis, alcoholic and alcohol-containing products, or consumption of narcotic drugs or psychotropic substances in public places

1. Drinking beer and drinks made on its basis, as well as alcoholic and alcohol-containing products with an ethyl alcohol content of less than 12 percent by volume finished products in children's, educational and medical organizations, on all types public transport(transport common use) urban and suburban communications, in cultural organizations (with the exception of organizations or public catering establishments located in them), physical education, health and sports facilities.

Fine from one hundred to three hundred rubles.

2. Drinking alcoholic and alcohol-containing products with an ethyl alcohol content of 12 percent or more of the volume of finished products on the streets, stadiums, squares, parks, vehicle public use, in other public places (including those specified inpart 1 of this article), with the exception of trade and public catering organizations that allow the sale of alcoholic beverages by the glass.

Fine from three hundred to five hundred rubles.

3. Consumption of narcotic drugs or psychotropic substances without a doctor's prescription or consumption of other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle, as well as in other public places -

Fine from one thousand to one thousand five hundred rubles.

Criminal liability is provided for the possession of a certain amount of narcotic substances, as well as for their distribution.

Article 20.21. Appearing in public places while intoxicated

Appearing on the streets, stadiums, squares, parks, in a public vehicle, or in other public places in a state of intoxication that offends human dignity and public morality.

A fine of one hundred to five hundred rubles or administrative arrest for up to 15 days.

If you are simply walking down the street drunk, this is not breaking the law.

Article 20.22. The appearance of minors in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places

The appearance of minors under the age of sixteen in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, other intoxicating substances on the streets, stadiums, and public gardens , parks, in a public vehicle, in other public places.

A fine for parents or other legal representatives of minors in the amount of three hundred to five hundred rubles.

Application

Excerpts from laws used in this manual

1. To the heads of services and divisions of the Moscow City Internal Affairs Directorate:

1.1. Make it clear to every employee that police are prohibited resort to treatment that degrades the dignity of a citizen, unreasonable verification of identity documents and registration in Moscow. In accordance with the law, a police officer is obliged to protect and respect a person regardless of his citizenship, place of residence, social, property and official status, race and nationality, gender, age, education, language, attitude to religion, political and other beliefs.

Law “On the Police”

Article 5. Activities of the police and the rights of citizens

The police protect the rights and freedoms of humans and citizens, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

The police are prohibited from resorting to torture, violence, or other cruel or degrading treatment.

Any restriction of citizens in their rights and freedoms by the police is permissible only on the grounds and in the manner directly provided for by law.

In all cases of restriction of the rights and freedoms of a citizen, a police officer is obliged to explain to him the basis and reason for such restriction, as well as his rights and obligations arising in connection with this.

The police provide detained persons with the opportunity to exercise statutory right to legal assistance; reports at their request (and in the case of detention of minors - at mandatory) about detention to their relatives, administration at the place of work or study; if necessary, takes measures to provide them with pre-medical assistance, as well as to eliminate the danger to someone’s life, health or property that has arisen as a result of the detention of these persons.

The police do not have the right to collect, store, use and distribute information about a person’s private life without his consent, except in cases provided for by federal law.

The police are obliged to provide a person with the opportunity to become familiar with documents and materials that directly affect his rights and freedoms, unless otherwise provided by federal law.

Article 11. Rights of the police

item 2)check the identity documents of citizens if there are sufficient grounds to suspect them of committing a crime or to believe that they are wanted, or there is a reason to initiate an administrative offense case against them;

carry out, in the manner established in accordance with the legislation on administrative offenses, personal searches of citizens, searches of things on them, if there is sufficient evidence to believe that citizens have weapons, ammunition, explosives, explosive devices, narcotic drugs or psychotropic substances;

item 15)carry out registration, photography, sound recording, filming and video recording, fingerprinting of persons suspected and accused of committing crimes, subject to administrative arrest, as well as persons in respect of whom there is reason to initiate proceedings for an administrative offense, if it is impossible to establish their identity and other persons, in respect of which, in accordance with federal law, mandatory fingerprint registration is provided.

Charter of teaching staff

clause 93.A police officer in any conditions must be polite and tactful with citizens, address them as “you,” present his demands and comments in a convincing and understandable form, and avoid disputes and actions that offend their honor and dignity. When addressing a citizen, a patrolman (guard) must greet him, placing his hand on his headdress, state his position, rank and surname, and then briefly state the reason and purpose of the appeal. In the case of citizens’ appeals, the patrol officer, having fulfilled the same requirements, is obliged to listen carefully and take action on their applications, and in necessary cases explain where to go to resolve the issue. At the request of officials and citizens, the patrolman (guard) is obliged to state his last name, place of work and present his service ID, without letting go of it. When talking with citizens, police officers must show calm and restraint; they must not enter into arguments, lose self-control, respond to rudeness with rudeness, and be guided in their actions by personal hostile feelings.item 100- check the identity documents of citizens and officials if there are sufficient grounds to suspect them of committing a crime or an administrative offense;

Regulations on the passport of a citizen of the Russian Federation

17. A citizen is obliged to keep his passport carefully. A citizen must immediately report the loss of a passport to the internal affairs agency. Before issuing a new passport, the citizen, at his request, is issued a temporary identity card by the internal affairs body, the form of which is established by the Ministry of Internal Affairs of the Russian Federation.

22. It is prohibited to confiscate a citizen's passport, except in cases provided for by the legislation of the Russian Federation.

Code of Administrative Offenses (CAO RF)

Article 27.2. Delivery

1. Delivery, that is, forced transportation of an individual for the purpose of drawing up a protocol on an administrative offense if it is impossible to draw it up at the place where the administrative offense was detected, if drawing up a protocol is mandatory, it is carried out by officials of internal affairs bodies (police) when administrative offenses are detected.

2. Delivery must be made as soon as possible.

3. A protocol on delivery is drawn up or a corresponding entry is made in the protocol on an administrative offense or in the protocol on administrative detention. A copy of the delivery protocol is given to the delivered person at his request.

Article 27.3. Administrative detention

1. Administrative detention, that is, short-term restriction of the freedom of an individual, can be applied in exceptional cases, if this is necessary to ensure the correct and timely consideration of a case of an administrative offense, the execution of a decision in a case of an administrative offense.

3 . At the request of the detained person, relatives, the administration at the place of work (study), as well as the defense lawyer are notified of his whereabouts as soon as possible.

4. His parents or other legal representatives must be notified of the administrative detention of a minor.

5. The detained person is explained his rights and obligations under this Code, about which a corresponding entry is made in the protocol on administrative detention.

Article 27.4. Protocol on administrative detention

1. About administrative detention a protocol is drawn up, which indicates the date and place of its preparation, position, surname and initials of the person who drew up the protocol, information about the detained person, time, place and reasons for the detention.

2. The protocol on administrative detention is signed by the official who compiled it and the detained person. If the detained person refuses to sign the protocol, a corresponding entry is made in the protocol on administrative detention. A copy of the protocol on administrative detention is given to the detained person at his request.

Article 27.5. Terms of administrative detention

1-3. The period of administrative detention should not exceed three hours, with the exception of cases where administrative arrest is provided as one of the measures of administrative punishment, then a citizen may be subjected to administrative detention for a period of no more than 48 hours.

4. The period of administrative detention of a person is calculated from the moment of delivery in accordance with A personal search is carried out by a person of the same sex as the person being searched in the presence of two witnesses of the same sex.

Inspection of things in possession individual(carry-on luggage, luggage, hunting and fishing gear, harvested products and other items), carried out by authorized officials in the presence of two witnesses.4. In exceptional cases, if there are sufficient grounds to believe that an individual has weapons or other items used as weapons, a personal search or search of things on the individual may be carried out without witnesses.

Useful telephone numbers (for Moscow)

Department of Internal Security: 255-96-57

Department of Internal Security: 239-07-30

Personnel Inspectorate: 696-66-61, 698-67-63

02 (from mobile 112)

This instruction is based on a text compiled by Ivan Ninenko. Thanks also to Nikolai Zboroshenko for his help in creating this manual.

		A citizen is undergoing compulsory military service; Upon admission to special important information; The citizen is a suspect or involved as an accused person; The citizen is a convicted person; When evading obligations imposed by the court; If the document is fake, it is also confiscated; If a citizen is deprived of citizenship;
	Investigative committee; Federal body exercising the function of control and supervision in the field of migration; Border and customs authorities; Diplomatic missions; Consular offices of the Russian Federation;
	Yes, it does, but only by the Department of Internal Affairs or the Investigative Committee, and if you are suspected of committing a crime.
	Coupon notification of passport seizure; Application for issuance of a passport of a citizen of the Russian Federation in form 1P; 2 personal photographs; Receipt with paid state duty; Arrival and departure cards 2 pcs.; Birth certificate for each child under 14 years of age; Certificate of marriage or divorce; Military ID for military personnel; A document confirming your registration at your place of residence ( home Book, apartment card); Valid passport, if available;
	10 days, this period can be extended.

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Such a situation as the seizure of a passport is not unique and is quite common among citizens of our country. There may be many reasons, but today we have to find out which of them are legitimate and which are not.

They took my passport and won’t give it back

There is a type of citizen who decides everything in a simple way: “You are the most valuable thing to me, that is, a passport, and I will do you a favor.” The conditions are, of course, interesting, but they are also risky.

First, I would like to consider situations when the seizure of a document is indeed legal:

• A citizen is undergoing compulsory military service, in this situation the passport is transferred to the FMS;
• When accessing particularly important information, the document is stored in the Federal Migration Service;
• The citizen is a suspect or involved as an accused person;
• The citizen is a convicted person;
• When evading obligations imposed by the court;
• If the document is fake, it is also confiscated;
• If a citizen is deprived of citizenship;

Paragraphs 1 and 2 of Article 18 of the Federal Law of August 15, 1996 No. 114 - Federal Law:

"If the departure from the Russian Federation of a citizen of the Russian Federation is limited on the grounds provided for in subparagraphs 1 and 2 of Article 15 of this Federal Law, his passport (passports) are (are) subject to transfer for storage until the expiration of the temporary restriction in government agency who issued the passport. (as amended by Federal Law dated December 14, 2015 N 375-FZ)
If the departure from the Russian Federation of a citizen of the Russian Federation is limited on the grounds provided for in subparagraphs 3 - 5 of Article 15 of this Federal Law, his passport (passports) are subject to confiscation authorized bodies and is sent (are sent) to the government agency that issued the passport. (as amended by Federal Law dated December 14, 2015 N 375-FZ)"

Separately, I would like to touch upon the topic of who exactly has the right to seize a document.

The passport may be confiscated:

• Court;
• Investigative Committee;
• The federal body exercising the function of control and supervision in the field of migration;
• Border and customs authorities;
• Diplomatic missions;
• Consular offices of the Russian Federation;

Paragraph 3 of Article 18 of the Federal Law of August 15, 1996 No. 114 - Federal Law:

"Confiscation of a passport (passports) of a citizen of the Russian Federation on the grounds provided for by this Federal Law is carried out by the court, investigative bodies of the Investigative Committee of the Russian Federation, internal affairs bodies, federal body executive power, authorized to carry out functions of control and supervision in the field of migration, and its territorial bodies, border authorities federal service security and customs authorities, diplomatic missions and consular offices of the Russian Federation. (edited) Federal laws dated June 30, 2003 N 86-FZ, dated July 18, 2006 N 121-FZ, dated December 28, 2010 N 404-FZ, dated December 14, 2015 N 375-FZ)"

Now let's talk about when this action is illegal.

It happens that you are stopped by a traffic police inspector and demanded to present an identification document. As soon as you show it, he simply takes the passport for himself, stipulating that you pay the fine on the spot. That is, this situation does not provide any of the legitimate reasons for seizure. In this case, if the document is not returned to you, you should write a complaint against this employee to the traffic police or immediately to the prosecutor's office. Although the punishment is not so terrible.

Part 1 of Article 19.17 of the Code of Administrative Offenses of the Russian Federation:

“Illegal seizure by an official of a citizen’s identity document (passport), (as amended by Federal Law dated December 21, 2013 N 376-FZ) entails the imposition of an administrative fine in the amount of one hundred to three hundred rubles. (as amended by Federal Law dated June 22, 2013. 2007 N 116-FZ)"

Therefore, to the question: do the police have the right to take away a passport? - you can give a definite answer - only the police department or the Investigative Committee, if you are suspected of committing a crime. Other representatives of law enforcement agencies do not have the right to do this.

Now let's talk about unscrupulous employers or parents. People often complain that when applying for a job they were asked to allegedly make a copy of their passport, after which they did not return it and demanded that they work additionally without salary to cover the shortfall.

There are also very loving parents who are afraid that their child will go somewhere else or do something stupid and simply do not give him a passport. In both situations, the Criminal Code will apply.

Part 2 of Article 325 of the Criminal Code of the Russian Federation:

"The theft of a citizen's passport or other important personal document is punishable by a fine of up to eighty thousand rubles or in the amount wages or other income of the convicted person for a period of up to six months, or compulsory work for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or arrest for a term of up to three months. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)"

From all this we can conclude that no one under any circumstances has the right to take away your document, except in cases provided for by Russian legislation.

How to get a new passport to replace the one confiscated by the Federal Migration Service

If the police are powerless to find your passport, then you should restore it. After the illegal seizure was made, you had to write a corresponding statement to the Department of Internal Affairs of the Russian Federation or the prosecutor's office. Next, you will be given a notification coupon, which will confirm the registration of the incident report.

Then, we immediately contact the FMS or MFC department and provide the following package of documents:

If you need an identification document while the passport is being prepared, you can ask for a certificate in Form 2P; for this you will need one more additional photograph.

The production time for a new document is 10 days, but it can be increased due to several nuances:

• The documents were submitted before holidays or weekends;
• Registration takes place through the MFC;
• Registration is carried out through State Services. Time will be spent on accepting the application, and the 10-day countdown itself will begin only from the day the documents are submitted, and it can be scheduled depending on the workload of the department, either the next day or a week later.

Continues the #Mandatory section, in which it will talk about what each of us has the right to in a given situation. Today we are talking about how to behave if the police take away your passport.

The first thing to say is that law enforcement officers do have the right to take away a person’s passport until their identity is confirmed or for other reasons. However, complaints are increasingly being heard that the police are harassing citizens by abusing their powers. To avoid unpleasant situations, you should know what rights a person has and what is included in understanding the legal actions of the police.

Reasons why your passport is taken away

According to current legislation, police have the right to demand a passport from all persons in order to confirm the person’s identity. This is usually required in the following cases:

1. To establish a resemblance to a missing person or criminal.

2. If information is received that you are the perpetrator of a crime, or are going to commit illegal actions.

3. A violation has been recorded for you: drinking alcoholic beverages late or in a public place, boorish behavior, hooliganism, etc., which may entail administrative or criminal liability.

4. They have the right to demand a passport from everyone who is in a protected area or at a place where a law enforcement operation is being carried out.

5. If you are found at the scene of a crime or accident.

6. If a person’s appearance or his words (actions) give reason to assume his involvement in the commission of an offense or crime.

7. Prohibited items or substances were found on you: weapons, ammunition, drugs, etc. If you do not have permission to store weapons, the police officer has the right to bring you to administrative responsibility and temporarily confiscate your passport.

If you are not guilty of anything, and the policeman does not give up your passport even after an investigation, you should write complaints to higher authorities: for example, to the prosecutor's office. Upon completion of the investigation or identification, the police officer is obliged to return the passport to the owner himself, unless there are other legal grounds allowing the document to be kept at the department.

What to remember

A police officer does not have the right to simply take and take away a passport - he must provide his official ID, and also state the reason why he needs the document. The stated reason must refer to the law, which allows for the verification or confiscation of a passport in certain cases. Sometimes citizens, trying to keep their passport or fearing to hand it over to a police officer, try to provide a pension certificate, driver’s license, student ID or preferential certificates instead. However, this is unlikely to happen - the only full-fledged alternative to a civil passport is a foreign passport.

If the officer was unable to obtain a passport from you (for example, you did not have the document with you), he has the right to detain you for three hours. During this time, the police will find out information about you and draw conclusions: if you are truly innocent, you will be released with an apology.

However, if a violation has been identified, employees have the right to ask for the following documents:

1. Permission to store weapons.

2. Student ID.

3. Certificate about the mental state of the detainee.

4. Driver's license.

The list, of course, is far from complete, since each situation requires an individual approach. Lawyers recommend always carrying your passport with you, no matter where you are going, so as not to end up in a police station. However, due to high risk theft in a public place, not all citizens follow their advice.

Previously, NewsNetwork told - how to behave and how to prepare for future defense in courts.

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