50 grounds for administrative arrest for up to 30 days

Administrative arrest is a type of punishment that is imposed for committing an administrative offense. The regulatory framework is the Administrative Code of the Russian Federation and the Law “On the procedure for serving administrative arrest” (No. 67-FZ of April 26, 2013).

• What is administrative arrest? Differences between arrest, delivery and detention

What it is? Concept and essence

Administrative arrest is one of the types of administrative punishment that is imposed when a person is found guilty of committing certain offenses.

The essence of the punishment is that the person is isolated from society for a certain period of time, placed in a specialized institution for up to 30 days, depending on the severity of the violation committed.

Administrative arrest is the most severe measure of liability provided for in the Code of Administrative Offenses and can only be imposed by a court when a person is found guilty of committing certain offenses.

For a better understanding, let's look at a few examples.

Example 1. Petrov has been evading payment of alimony for the maintenance of his minor son for 3 months. A case was opened against Petrov for an administrative offense under Part 1 of Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation. Having considered the case of the accident, the court came to the conclusion that Petrov had committed an imputed offense, while the court did not establish circumstances that could be interpreted as mitigating his guilt. The sanction of the article provides for administrative arrest for a period of 10 to 15 days. Because during the consideration of the case, Petrov did not repent of the offense committed, did not admit guilt, did not make amends for the harm, the court issued a decision to bring him to justice with a punishment in the form of administrative arrest for a period of 15 days.

Example 2 . A case has been opened against Mitroshin for an administrative offense for driving a vehicle while intoxicated and without a driver's license. During the consideration of the case, Mitroshin fully admitted his guilt and repented of his actions. Previously, he was not brought to justice and was not on preventive registration. The sanction of the article provides for administrative arrest or a fine for persons who cannot be subject to arrest. Mitroshin is not one of the persons against whom extreme measures cannot be applied. Taking into account the identity of the offender and his admission of guilt, the court imposed a sentence of arrest. Since, according to Article 12.8 of the Code of Administrative Offenses of the Russian Federation, a fine can only be imposed on persons who are not subject to arrest due to age, pregnancy, disability, etc.

Example 3. Vanyushin was intoxicated at a public transport stop. Responsibility for this offense is provided for in Article 20.21 of the Code of Administrative Offenses of the Russian Federation. When considering the case, the court assessed the totality of the collected evidence, took into account that Vanyushin had not previously been brought to administrative responsibility, was not on preventive records, was characterized satisfactorily at his place of work and residence, and came to the conclusion that it was necessary to impose punishment on Vanyushin in the form of an administrative fine instead of arrest.

Normative base

The application of the liability measure in question is regulated by the following legal acts:

• Code of the Russian Federation on Administrative Offences;
• Federal Law-67 of June 24, 2013 “On the procedure for serving administrative arrest”;
• RF PP No. 627 of March 16, 2003, which approved the “Regulations on the conditions of detention of persons detained for an administrative offense, food standards and medical care for such persons”;
• Order of the Ministry of Internal Affairs of the Russian Federation No. 83 dated February 10, 2014, which approved the “Internal Rules in Places of Administrative Arrest”;
• Resolution of the Plenum of the RF Armed Forces No. 5 of May 24, 2005 “On some issues that arise for courts when applying the Code of Administrative Offenses of the Russian Federation on administrative offenses.”

Difference from detention

The difference between administrative arrest and administrative detention is as follows:

Sanctions for drivers

So, why do they give 15 days of arrest? In this case, only administrative punishment is meant. So, this mainly concerns offenses committed in the field of traffic. For example, a driver who gets behind the wheel of a vehicle while drunk and refuses to undergo a medical examination may be arrested for 15 days. The law says so. Moreover, the same punishment can be received by a person who gets behind the wheel of a car, having already been deprived of a driver’s license.

It is also necessary to add here that citizens who have committed an accident and left the scene of a road accident may also be subject to administrative arrest. All drivers should be aware of this.

But can they give 15 days of arrest for the fact that a citizen left the scene of an accident because he took the victim to the hospital, but then returned back before the traffic police arrived? In this case, there are no grounds for imposing this punishment. But only the judicial authority will deal with this issue, based on all the evidence and materials presented in the case.

For what period is it set?

The period of administrative arrest is regulated by Article 3.9 of the Code of Administrative Offenses of the Russian Federation. The maximum period is 30 days . Moreover, in each specific case, the court can independently determine for how long the culprit should be arrested.

The length of the sentence depends on the offense committed. In most cases, the court is limited to isolation from society for up to fifteen days , but this period can be increased to 30 days (but cannot exceed it) if a person is found guilty of offenses related to:

• violation of the legislation on rallies, meetings, demonstrations or pickets;
• failure to comply with requirements in the event of a state of emergency or counter-terrorism operation being introduced;
• violations in the field of anti-drug legislation.

Calculation of the term

When making a decision in the case of an a/p, the court must indicate from what time the period of arrest begins, not forgetting that the counted period of detention is calculated from the moment of delivery , in accordance with Art. 27.2 Code of Administrative Offenses of the Russian Federation. If the person delivered was in a drunken state - from the moment of sobering up .

Example 1 . Ivanov was found guilty of petty hooliganism. By a decision made by the court at 17:35 on June 25, he was sentenced to administrative arrest for 15 days. Before the decision was issued, Ivanov was not detained; accordingly, the fifteen-day sentence begins at 17:35 on June 25.

Example 2 . Vasilyev, who was intoxicated in a public place, was taken to the police department on 01/04/2020 at 23:54. Vasiliev’s sobering up occurred at 9:15 on 01/05/2020. On the same day, he was brought to court to consider the AP case. At 2:20 p.m., the court ruled to find Vasiliev guilty under Art. 20.21 Code of Administrative Offenses of the Russian Federation, the measure of liability determined by the court is administrative arrest for 10 days. The term of punishment is calculated from 9:15 on January 5.

The procedure for administrative arrest of a person in the Russian Federation

Let's look at a common example of the complete arrest process for a traffic violation. Typically, it consists of the following basic steps:

1. Recording of the offense by a traffic police officer (if the violation is recorded on camera, arrest is not permissible).
2. Determination by the official of the possibility of drawing up a protocol on the spot.
3. If the previous step is not possible, a decision is made to deliver the offender (Article 27.2 of the Administrative Code).
4. Drawing up a protocol of detention (Article 27.4 of the Administrative Code), including information about the official and the offender, the place and time of the offense, its essence. The protocol is signed by both parties, and if the offender refuses to sign, this fact is indicated.
5. Transferring the case to court.
6. Court hearing.
7. Making a decision.

Please note that administrative detention is not a mandatory step. After drawing up the protocol, the offender may remain free until a court decision.

Separately, it should be noted that a personal search and search of a detainee’s belongings is permissible on the basis of Article 27.7 of the Administrative Code, and already in the process of serving an arrest, on the basis of Article 6 of Federal Law No. 67.

It is better to involve a professional lawyer at the court hearing so that rights are fully protected. Read about how to ask your question to a car lawyer for free in another article.

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Who cannot be assigned to?

Punishment in the form of arrest is not imposed on some persons. Part 2 of Article 3.9 of the Code of Administrative Offenses of the Russian Federation limits this measure of liability. Persons not subject to administrative arrest:

• women in a state of pregnancy;
• women with children under 14 years of age;
• minors;
• disabled people of groups 1 and 2;
• military personnel and citizens called up for military training;
• certified employees of the Investigative Committee, Department of Internal Affairs, Penitentiary System, National Guard troops, State Border Service, customs authorities.

The list of persons not subject to arrest is exhaustive; accordingly, liability can be applied to women who do not have children or are over 14 years old.

Interesting

So, why can they get 15 days of arrest? Once again it is necessary to return to this issue. So, for violating public order, a citizen has a chance to end up in a temporary detention facility and stay there for 15 days. Unless, of course, the judicial authority considers it necessary to impose a fine on the person instead of temporary imprisonment in a detention center at the police department. You also need to know about this.

For example, for damaging someone else's property, you can receive a fine or go into captivity for 15 days. In addition, for obscene swearing in a public place, a magistrate may impose a similar punishment on a citizen.

What do they give adm. for? arrest? Grounds

Administrative arrest is provided for by the following sanctions in the Code of Administrative Offenses of the Russian Federation:

Earning income from prostitution

This offense is an administrative offense and you can get a fine or arrest for up to 15 days (this is the maximum). People who receive income from the fact that women of easy virtue give them a large part of the proceeds are called pimps. It is the latter who risk being arrested and spending two weeks in a police temporary detention facility.

Therefore, when answering the question of why 15 days of imprisonment in a temporary detention center is given, we can say that the court assigns this punishment to those citizens who profit from the fact that other persons are engaged in prostitution. Such activities are prohibited by the law of our country.

How is the trial going?

If the offense charged to a person includes arrest as one of the possible punishments, the case materials are submitted to the court for consideration.

A person detained for committing an offense is brought to court by the arresting officers. A violator who has not been detained comes to the hearing on his own.

Who establishes arrest as a type of administrative punishment?

The category of cases of offenses for which the sanction includes isolation from society is considered only by the court.
In addition, court hearings are held with the mandatory presence of persons against whom administrative proceedings are being conducted. Otherwise, extreme punishment cannot be imposed. (Part 3 of Article 25.1 of the Code of Administrative Offenses of the Russian Federation). Cases are considered on the day the material is received by the judge, and if the offender is detained, within a period not exceeding 48 hours from the moment of his detention.

The decision on administrative arrest is carried out

The execution of the decision on administrative arrest begins immediately from the moment the judge announces the decision (Article 32.8 of the Administrative Code of the Russian Federation). The beginning of serving a sentence does not prevent the guilty person from appealing a judicial act with which the offender does not agree.

The place, as well as the start and end time of serving the sentence, is indicated in the court decision on bringing to justice.

Sanctions for persons who have used drugs

In what cases is 15 days given? Here it is necessary to say that it is possible to receive this punishment for taking psychotropic substances without a doctor’s prescription. It should also be noted that currently in our legislation there are only administrative sanctions for such an offense. Thus, if a person simply used drugs himself and did not sell them to anyone or store them, then he will not face criminal punishment. You also need to know about this.

In order for police officers to determine whether a citizen is under the influence of any drug or not, the latter is taken for a medical examination. If an alleged violator refuses to undergo a certain test to determine the presence of prohibited substances in his body, then law enforcement officers have every reason to believe that he was using drugs. This is entered into the protocol by police officers. This document is submitted to the magistrate's court as evidence that the person was under the influence of prohibited substances at the time of arrest.

Where do administrators serve their arrest?

The place where administrative arrest is served is called special detention centers, which are created on the basis of internal affairs bodies.

Offenders can serve their sentences both in general detention facilities and in solitary confinement. When placing administratively arrested persons in common premises, the requirements regarding the standard area per person of 4 m2 must be observed.

When placing administratively arrested persons, the following requirements must be followed:

• separate accommodation for men and women;
• separate keeping of healthy persons and persons with signs of disease, or those in need of supervision by medical personnel;
• Where possible, smoking and non-smoking offenders are kept separately.

Solitary confinement may be provided to persons upon their request, provided that such a possibility is available in the special detention center.

What can be transferred to the special detention center?

Administratively arrested persons have the right to receive parcels and parcels with the following contents:

• Food;
• essentials;
• shoes, clothes;
• pocket mirrors;
• shaving accessories (straight razors are prohibited).

The list of items that administrative detainees have the right to have with them or receive from outside is determined by the Internal Regulations of special detention centers.

What is a “special detention center for minors”?

In relation to minor offenders, the legislator has established a ban on the use of such punishment as administrative arrest.

At the same time, if there are grounds, by court order, minors can be placed in TsVSNP - temporary detention centers for juvenile offenders.

TsVSNP is not a special detention center intended for serving administrative punishment by juvenile offenders.

Where are other conditions of detention?

Administrative arrest is served in institutions specially created for this purpose . In accordance with Article 3 of Federal Law No. 67, they are divisions of federal executive authorities in the field of internal affairs, financed from the budget.

In common parlance, these institutions are called “special detention centers.” In fact, these can be either separate institutions or combined with other places in which it is possible to isolate the offender from society (in the form of separate blocks).

At the beginning of the term, the violator undergoes a mandatory medical examination to identify parasites and infectious diseases. Persons requiring constant medical supervision must be kept separately from healthy arrestees.

The holding cells are shared, usually designed for 3 to 12 people. The standard area is 4 m2 per arrested person.

Procedure for serving administrative arrest

Reception of administratively arrested persons in special detention centers is carried out around the clock. Offenders are taken to a special detention center by internal affairs officers.

Step 1. Preparing to serve your sentence

The list of things and objects that may be in the possession of a person serving a sentence of administrative arrest is established by Order of the Ministry of Internal Affairs No. 83 of February 10, 2014. These include:

• food products, with the exception of perishable ones and those requiring heat treatment;
• clothing in accordance with the season (it is not allowed to take or receive belts or suspenders);
• underwear;
• sports suit;
• personal hygiene products;
• shaving accessories;
• items necessary for the performance of religious rites;
• watch;
• bed sheets.

Step 2. We take the necessary documents and go to the place of serving the administrative arrest

When arriving at the special detention center, the offender must have with him:

• a court decision in a case of an administrative offense;
• passport or other identification document.

Upon admission, an employee of the institution checks the documents of the arriving person, interviews him, and checks the answers with the information contained in the documents.

Step 3. Procedure for placement in a special detention center for administrative detainees

Personal search and search of belongings

Upon admission to a special detention center, administratively arrested persons are subject to a personal search, and an employee of the institution also checks the things on the person admitted. The task of personal search and search of things is to identify and confiscate items whose presence in the special detention center is prohibited.

To conduct a personal search of the arrested person, a special detention center employee of the same gender is involved in the presence of the persons who identified the offender.

The results of the procedure are indicated in a special journal.

Medical examination

Persons entering the special detention center must undergo a medical examination, the objectives of which are:

• determine whether the arrested person has any bodily injuries;
• are there any signs of infectious diseases that require placement in a separate cell.

Reading out rights and responsibilities

An employee of the institution is obliged to familiarize offenders admitted to a special detention center with their rights and responsibilities while serving their sentence.

Administrative arrestees have the following rights enshrined in Article 7 No. 67-FZ:

1️⃣ Dates with close relatives and persons

While serving a sentence, an administratively arrested person has the right to a single meeting with a close relative or close person, lasting no more than an hour. During the meeting, a special detention center employee is present in the room.

2️⃣ Legal assistance

Persons subjected to administrative arrest have the right to receive qualified legal assistance.
While serving their sentence, they have the right to meetings with a lawyer for no more than two hours. However, the number of meetings is not limited. Unlike visits with relatives, meetings with a lawyer can take place in private, out of earshot of the detention center staff.

3️⃣ Appeals and correspondence

Persons serving a sentence of administrative arrest have the right to send appeals, letters and telegrams at their own expense.
All messages and responses to them are recorded in a special journal, which is kept by the staff of the special detention center. If the offender does not have money for postal items, they are sent by the administration of the institution at the expense of the funds allocated to him.

4️⃣ Food and supplies

Persons serving sentences in a special detention center have the right to be kept in conditions that meet the requirements of sanitary, hygienic and fire legislation.
While in an institution, persons have the right to:

• individual sleeping place;
• bed dress;
• dishes;
• cutlery;
• individual personal hygiene products (toilet paper, soap, toothbrush and toothpaste, disposable razors).

Also, those administratively arrested have the right to free food in accordance with the standards established by the Government of the Russian Federation.

5️⃣ Medical support

While serving their sentence, administratively arrested persons have the right to medical care, including treatment in a hospital setting and provision of medications if there are medical indications.

6️⃣ Other

In addition to the above, administratively arrested persons have the right to:

• personal safety;
• polite treatment;
• self-education;
• performance of religious rites, etc.

Duties and Responsibilities

The responsibilities of persons serving sentences in special detention centers are listed in Article 8 No. 67-FZ and are as follows:

• compliance with the conditions and procedure for serving the sentence;
• fulfilling the legal requirements of the institution’s employees;
• compliance with sanitary and hygienic requirements;
• compliance with fire safety rules;
• careful attitude to the property of the institution;
• not committing actions that violate the rights and freedoms of other persons, or threaten the life and health of both the arrested person and other persons.

Photographing persons subject to administrative arrest

Upon arrival at the special institution, the arrested persons are photographed (full face and right profile).

When taking photos:

• glasses and headwear are not allowed;
• the head is in a strictly vertical position;
• eyes open;
• hair does not cover ears.

The scale of the front and profile photos should be the same.

Accommodation of persons subject to administrative arrest

While serving their sentences, persons guilty of committing an offense are kept in locked cells (general or solitary) in conditions of isolation from society.

In this case, persons of the opposite sex are kept separately. Sick and healthy administrative detainees are also kept separately. If possible, smokers and non-smokers are separated.

Notifying relatives

Immediately after the person is admitted, an employee of the institution, by telephone indicated by the person admitted, informs the relatives about the place, start and end time of the administrative arrest.

Notification of relatives is made in a special journal.

Notification of the judge who issued the decision on administrative arrest

The administration of the institution notifies the judge about the place, beginning and end of serving the sentence of the administratively arrested person by fax.

The fact of notification is recorded in a special journal.

Step 4. Serving the sentence

While serving their sentence, administrative detainees must obey the daily routine established in the institution. A sample daily routine looks like this:

• from 6:00 to 8:00 - getting up, washing, cleaning the room;
• from 8:00 to 9:00 - breakfast;
• from 9:00 to 10:00 – morning inspection of the premises conducted by employees of the special institution;
• from 10:00 to 11:00 - transfer of written letters, telegrams for sending;
• in the period from 10:00 to 12:00, as well as from 19:00 to 21:00 - making phone calls;
• from 13:00 to 14:00 min - lunch;
• from 12:00 to 13:00 - walk;
• religious ceremonies - during the daytime;
• from 18:00 to 19:00 - dinner;
• from 21:00 to 22:00 - evening rounds of cells, preparing administratively arrested persons for bed;
• from 22:00 to 6:00 - sleep.

During the daytime, persons held in the institution are granted visits with relatives (up to an hour), as well as with a lawyer (up to 2 hours).

The administration of each special institution independently draws up a daily routine in accordance with local conditions, the duration of daylight hours, and the time of year.

Inspection of prisoners and their belongings: how often they do it, what they check

The frequency of personal searches of administratively arrested persons, as well as their belongings, has not been established. Such an inspection is mandatory upon admission of a person to an institution. In the future, the basis for conducting an inspection is the reason to believe that the person has prohibited things and objects.

An employee of the institution of the same gender as the offender is invited to conduct the search procedure.

Step 5. Termination and suspension of serving administrative arrest

Serving the sentence is suspended or terminated on the grounds established by law.

Ground 1. Expiration of the period of serving administrative arrest

Serving of an administrative punishment terminates upon expiration of the arrest period. If the sentence expires later than 23:00, the person may submit a written application to the administration of the institution to remain in the institution until 6:00 a.m. of the next day.

Ground 2: In the event of exceptional personal circumstances

Part 3 of Article 17 No. 67-FZ lists exceptional cases that are grounds for termination or suspension of serving a sentence. Such cases include:

• deterioration of health;
• death of a close relative or close person;
• an emergency situation that resulted in significant material damage to the administratively arrested person or his family;
• a medical certificate according to which a person has diseases, injuries or mutilations that do not allow him to serve his sentence.

Serving the sentence may be suspended for no more than 7 days . The period of suspension does not count towards the sentence.

The serving of the arrest is suspended or terminated based on the judge's decision.

Ground 3. Diseases that prevent serving a sentence

Persons suffering from the following diseases, the list of which was approved by the RF GD No. 1358 of December 12, 2014, cannot serve a sentence of isolation from society:

• contagious acute infectious diseases;
• malignant neoplasms, grade 4;
• diseases of the circulatory system with blood clotting disorders;
• complication of diabetes mellitus;
• diseases of the endocrine system, eating disorders, severe metabolic disorders;
• mental disorders, behavioral disorders in need of emergency medical care;
• epileptic disorders;
• severe diseases of the nervous system;
• blindness in both eyes;
• skin diseases in a severe stage;
• systemic connective tissue lesions;
• diseases and conditions that require emergency assistance;
• persons with group 1 disabilities.

The presence of a disease that prevents the serving of a sentence must be established during a medical examination in the institution, or confirmed by documents issued by the medical institution.

Obtaining a certificate indicating the time spent under administrative arrest and the grounds for release

After serving the administrative arrest, the released person is issued a certificate indicating:

• Full name of the person who served his sentence;
• period of arrest;
• place of serving the sentence;
• details of the court decision that served as the basis for placing the person in a specialized institution;
• grounds for release from special detention center;
• date and signature of the head of the institution or the duty officer.

The certificate form is approved by Order of the Ministry of Internal Affairs No. 83.

Termination and suspension of arrest

The general rule is that the arrest is terminated and the arrested person is released after serving the sentence.

The arrest may be terminated early if:

• illness, injury, injury or the general state of health of the arrested person prevents further serving of the sentence;
• a close relative or close person of the arrested person has died;
• the arrested person died;
• As a result of an emergency (natural disaster, fire, etc.), the arrested person or his family suffered significant material damage.

If the reason can be eliminated relatively quickly (within 7 days), then instead of terminating the punishment, the arrest may be suspended for a while. In any case, the decision is made by the court that made the arrest decision, based on a written statement from the arrested person. A person released early is issued a certificate.

The decision to suspend the arrest does not exempt from further execution of the sentence; the period of suspension is not counted towards the period of arrest . After the suspension period has expired, the arrested person is obliged to independently appear at the place where the sentence is to be served. If he does not do this, he is subject to detention and forced delivery. The same procedure awaits those who evade execution of punishment, including those who did not appear in court for the consideration of an administrative case and, therefore, were arrested in absentia.

How to avoid administrative arrest?

Sending a person found guilty of committing an offense to a specialized institution does not deprive him of the right to appeal a court decision.

The complaint must be filed with a higher court within 10 days from the date of receipt of the decision .

The complaint must indicate:

• name, address of the court, as well as full name, address of the applicant;
• details of the decision being appealed;
• on what grounds does the person disagree with the court decision;
• a request to cancel or change the decision made by the court of first instance.

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The period for consideration of a complaint against administrative arrest should not exceed 1 day.

Where do you have to serve?

Why do they give 15 days of administrative arrest? As it was written earlier, this punishment is imposed on people only for committing offenses provided for by the Code of Administrative Offenses. This is one of the toughest sanctions for administrative violations. People have to serve their sentences in a temporary detention center at the Ministry of Internal Affairs. As a rule, in small towns the temporary detention center is located right in the police basement. Moreover, violators for committing administrative offenses are kept in isolation from those detained on suspicion of committing crimes.

Some citizens are interested in the question of where they sit in Moscow for 15 days of administrative arrest? As already stated above, for this purpose, police departments have special temporary detention centers (abbreviated as IVS). Previously, this detention center had a different name - KPZ (pre-trial detention cell). Now the name has changed, but the purpose of such an institution remains the same.

❓ Reader questions

Why has the number of arrests in the Russian Federation increased during the coronavirus period?

Mikhail Suvorov

Leading lawyer of the Legal.Center portal. Experience – 26 years

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Citizens who do not agree with the introduction of restrictive measures go to unauthorized rallies, and also refuse to obey the demands of police officers who require them to present documents justifying the legality of being outside residential premises. Such actions are qualified under Articles 19.3 or 20.2 of the Code of Administrative Offenses of the Russian Federation, which provide for administrative arrest as punishment. Due to the growing number of people who disagree with the restrictions, the number of people arrested has also increased.

What is the day of serving an administrative arrest?

The punishment in the form of administrative arrest is calculated in days. If the court at 15:45 on 03/05/2020 issued a decision imposing a sentence of isolation from society in a special institution for a period of 5 days, then the sentence will end at 15:45 on 03/09/2020.

It is important to remember that if a person was detained before the court considered the case, then the time of serving the sentence will be counted from the moment of detention.

Is administrative arrest considered absenteeism from work?

Absenteeism is defined as absence from work for the entire working day or for more than 4 hours in a row without a valid reason.

Despite the fact that while serving a sentence of arrest, the employee will be absent from the workplace, it cannot be said that there is no good reason. Thus, administrative arrest cannot be considered absenteeism in accordance with the labor legislation of the Russian Federation.

A little about the main thing

So, why do they give 15 days of administrative arrest? When answering this question, it must be said that such a punishment is considered one of the most severe that exists in the Code of Administrative Offenses. It is prescribed only in exceptional cases.

For example, you can get fifteen days for using narcotic substances or for minor hooligan acts. In addition, administrative arrest, as one of the harsh penalties, is often applied to drivers who were driving while drunk, left the scene of a road accident, or refused to take a test for alcohol or psychotropic substances in their bodies. You definitely need to know about this.

Other violations

There is also a small number of other violations that are not related to traffic rules, for which administrative arrest may be provided. The sanctions include the following articles of the Administrative Code:

• 6.1.1. for assault,
• 6.8 for storage, processing and production of narcotic drugs,
• 6.12 for pimping,
• 7.26 for petty theft of property worth up to 2,500 rubles,
• 17.3 for violating the judge’s order not to violate the rules in court,
• 20.21 for appearing in public while drunk.

The procedure for imposing punishment in the form of arrest

The basis for an arrest for violating traffic rules is a protocol drawn up by traffic police officers. If the violation is detected by photo or video cameras, the specified sanction is not applied.

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The prosecution process is as follows:

• violation of traffic rules is detected or suppressed (for example, when stopping a car on the road);
• a protocol is drawn up describing the elements of the offense, articles of the Code of Administrative Offenses of the Russian Federation;
• if the driver does not have documents with him, he may be detained to establish his identity (the judge is obliged to consider the case against the detainee within 48 hours, and the entire period of detention will be counted as arrest);
• administrative material is sent for consideration to the court (the violator informs about the place and time of the meeting when signing the protocol, or by separate notice);
• when considering the case, the court determines whether to allow the arrest of the offender, or chooses another measure of influence;
• if the court makes a decision and sentences the violator to arrest, the Ministry of Internal Affairs officers place him in a special institution;
• upon expiration of the arrest period, the violator is released, but will be considered prosecuted for another year (this will be important to establish the repetition of traffic violations).

In many cases, prosecution is even simpler. If an article of the Code of Administrative Offenses of the Russian Federation allows for arrest, the case may be considered during the period of the citizen’s detention. For this purpose, there are duty judges who can immediately review the protocol and materials about the violation. If the driver is released from the scene of an accident or crime, he will be forcibly brought to court by employees of the Ministry of Internal Affairs to execute the arrest.

If a driver is detained after an accident or during a traffic stop, the period of restriction of freedom cannot exceed 48 hours.

During this time, the administrative material must be reviewed by the court, or the offender will be released. As stated above, the period of detention will be fully counted towards the period of arrest.

The arrest order can be appealed. If the court verdict comes into force, the offender will be placed in a special institution of the Ministry of Internal Affairs to execute the arrest. Those arrested are kept separately from those accused and convicted in criminal cases. The isolation regime during arrest is much easier than when executing a sentence of imprisonment under the Criminal Code of the Russian Federation.

How long can they be arrested?

The articles of the Code of Administrative Offenses of the Russian Federation indicate the maximum permissible period of arrest - up to 15 days. Therefore, the judge can assign any number of days within 15 days. In most cases, an arrest order is issued for 15 days, i.e. for the maximum possible period. After serving the sentence, the judge or employees of the Ministry of Internal Affairs cannot arbitrarily extend the period of arrest.

Is it possible to appeal an arrest and how to do it?

Any administrative penalty can be appealed. 10 days are given for this, and the period will begin to run from the moment the violator is given a copy of the decision. If the violator was present when the decision was announced, a copy of the judicial act will be handed to him immediately. Therefore, the preparation of the complaint must be done within strictly 10 days, and this period can be restored only for valid reasons.

Deciding whether to appeal a court order to arrest must take into account the circumstances of the traffic violation and the evidence presented. Practice shows that an appeal gives a positive result only in isolated cases. There is a good chance of the decision being overturned if the traffic police officer violated procedural norms. For example, if the arrest protocol was incorrectly drawn up on the spot, or the offender will be deprived of the right to defense.