Police stopped due to the quarantine regime FAQ

09.04.2020 | Legal
Everyone is well aware that the Cabinet of Ministers of Ukraine on 2 April 2020 amended their Decree of 11 March 2020 No. 211 “On the Prevention of Acute SARS-CoV Virus (COVID-19) in Ukraine” which intensified quarantine measures.

In order to know how to behave in the event that the police stopped for the quarantine violation, it is first of all necessary to know what quarantine measures are provided for by the legislation and to which persons they are subject.

What to do if the police stopped for violation of COVID-19 quarantine measures

Thus, according to the aforementioned regulations, it is forbidden for ordinary citizens in particular until April 24, 2020:

– stay in public areas without wearing any personal protective equipment, including a respirator or protective mask, including self-made ones;
– displacement by a group of persons of more than two persons, except in cases of business necessity and escort of persons under 14 years of age, by parents, adoptive parents, guardians, foster parents, caregivers, other persons in accordance with the law or adult relatives;
– visits to parks, squares, recreation areas, forest parks and coastal areas, except for pets walking with one person and in case of business necessity;
– visits to sports and children’s playgrounds;
– be on the streets without identity documents, certifying citizenship or special status;
– leave the observation points (isolation) without permission.

Read also about: New restrictions: tightening the quarantine in Ukraine

According to Art. 255 of the Code of Administrative Offenses the authorities of Ministry of Internal Affairs (National Police) are referred to the authorities that have the right to draw up an administrative protocol on committing an administrative offense under Art. 44-3 Code of Administrative Offenses – violation of the rules on quarantine of people, sanitary-hygienic, sanitary-anti-epidemic rules and norms stipulated by the Law of Ukraine “On protection of the population against infectious diseases”, other acts of legislation, as well as decisions of local self-government bodies on combating infections.

Before conducting a legal analysis, it should be noted that compliance with quarantine rules is not only a matter of your personal right or interest, it is also a matter of ensuring the rights of others to a safe environment, but if the National Police will be aggressive towards you and violate ethical conduct, then the following tips may come in handy.

First of all, you need to capture the behavior of National Police officers, for example, using gadgets that are handy. Going Forward – Report the exact time and date when the events started to take place.

If you are told about the need to obtain consent for the video, then in accordance with Art. 21 of the Law of Ukraine “On information” the information with restricted access cannot be attributed to the following information: about illegal actions of state authorities, local self-government authorities , their officials. In addition, Art. 307 of the Civil Code of Ukraine stipulates that the consent of a person to shoot it on a photo, film, television or video film is allowed if the shooting is conducted openly in the street, at meetings, conferences, meetings and other public events.

Read also: Can you walk down the street without a mask: the government has clarified all new bans

The next step is to check whether a National Police representative is actually present before you.

According to Art. 18 of the Law on the National Police when addressing a person, or in case of a person contacting a police officer, the police officer is obliged to give his / her surname, position, special rank and to present at his / her request an official ID, providing an opportunity to read the information stated therein, without losing it.

Please note that a police officer is only required to present his / her ID upon request, so be sure to request this.

Next, it is to be ascertained whether the requirements of the National Police Officer do not go beyond his / her authority and that there will be no further comments on the record. At the same time, this will be all about legal issues, and if a person does not have sufficient experience or lack of relevant information, he or she should clearly inform the police and state that you wish under Art. 59 of the Constitution of Ukraine to enjoy professional legal assistance. Even if you are denied, and unfortunately, there is a good chance that, as a rule, the police will only provide for the participation of a lawyer in cases where his participation is obligatory, but the refusal to exercise the right to legal aid can be used on your the benefit of an administrative offense proceeding.

So what powers do Ukraine police officers have?

According to Art. 32 of the Law on the National Police, a police officer has the right to demand from the person presenting him / her with identification documents and / or documents confirming the relevant right of the person, but such a right arises only in the presence of the following conditions: if the person possesses external signs similar to the outward signs of the wanted person or the missing person; if there is sufficient reason to believe that the person has committed or intends to commit an offense; if the person is in the territory or object with special regime or in the place of special police control; if the person has a weapon, ammunition, narcotics and other things, the circulation of which is restricted or prohibited, or for storage, the use of which or the transportation of which requires permission, if it is impossible to establish such rights otherwise; if the person is at the scene of the offense or traffic accident, another emergency; if the external characteristics of the person or the vehicle or the actions of the person give reasonable grounds for believing that the person is involved in the offense, the vehicle may be an instrument or object of the offense.

That is, in this case, before submitting the documents, you have the right to ask to explain to you, firstly, on what grounds you require the documents, since Art. 32 of the Law on National Police there are 6 such grounds, secondly, if you are told that there is sufficient reason to believe that you have committed or intend to commit an offense, then please explain what kind of offense it is, if you reply will inform – under Art. 44-3 Code of Administrative Offenses, then ask for specific actions.

Read also about: Limitations of state migration service work due to COVID-19 quarantine

According to Art. 33 of the Law on National Police, a police officer may interrogate a person if there is sufficient reason to believe that he or she possesses the information necessary for the exercise of police powers. For questioning, a police officer may invite a person to the police room. The provision of information by the person is voluntary. A person may refuse to provide information. Minors may only be interviewed with the participation of parents (one of them), another legal representative or teacher. Before conducting a questioning of a person, the police officer shall explain to him the reasons and the purpose of applying the police measure, if it does not interfere with the exercise by the police of the powers assigned to him by this Law.

According to Art. 31 of the Law on the National Police, the police may apply such a preventive measure as a surface check.

According to Art. 34 of the Law “On the National Police” a surface check as a preventive police measure is a visual inspection of a person, conducting on the surface of a person’s clothing with a hand, a special device or a means, a visual inspection of a thing or a vehicle. A police officer for a surface inspection of a person may stop the person and / or inspect them if there is sufficient reason to believe that the person has with him a thing whose circulation is prohibited or restricted or which threatens the life or health of such person or other persons. The surface check is carried out by the police officer of the relevant sex. In urgent cases, any police officer may only carry out a surface inspection using a special device or means.

In this case, it should be noted that the authority of a police officer to conduct a surface inspection arises only in the event that you have a thing that is forbidden or threatens, and you as a living organism is not a thing, because according to Art. 179 of the Civil Code of Ukraine is a matter of the material world, in respect of which civil rights and obligations may arise. At the same time, quarantine legislation does not list the things that threaten life or health. For this reason, you should be interested to know what kind of things you need to carry out a surface inspection, noting that, if available, you may provide it voluntarily.

At the same time from the analysis of Art. 34 of the Law on National Police, it can be concluded that in the event that you have been stopped and believe that you have committed an administrative offense under Art. 44-3 Code of Administrative Offenses, the surface inspection is not permissible as there are no prohibited or threatening items.

Among other things, it is worth noting that Art. 264 of the Code of Administrative Offenses also provides for the right of the National Police to carry out a personal inspection and inspection of things.

Unlike the Law of Ukraine “On the National Police” and the superficial inspection provided by it, the Code of Administrative Offenses provides neither the definition of what is a “personal inspection” nor the precise conditions for its application.

In view of the fact that the conduct of a superficial review in committing the administrative offense provided for in Art. 44-3 is not allowed, the personal inspection may be in accordance with the Code, but the following should be kept in mind.

According to Art. 264 of the Code of Administrative Offenses, a personal examination may be conducted by an authorized person of the same sex with the inspected person and in the presence of two persons of the same sex. A personal report, an inspection of things is drawn up or an appropriate record is recorded in the administrative record or in the administrative detention record.

That is, in these circumstances, require that you be clearly informed of what procedural action is taking place – a surface inspection or a personal inspection, and in view of the type of such procedural action, follow the rules of its implementation.

According to Art. 37 of the Law on National Police, the police are authorized to detain a person on the grounds, in accordance with the procedure and for the terms specified by the Constitution of Ukraine, the Criminal Procedure Code of Ukraine and the Code of Administrative Offenses, as well as other laws of Ukraine.

Considering that this is an administrative offense under Art. 44-3 Code of Administrative Offenses, then the detention will be considered from the point of view of Code of Administrative Offenses.

According to Art. 262 of the Code of Administrative Offenses the administrative detention of a person who has committed an administrative offense can be carried out only by bodies (officials) authorized by the laws of Ukraine.

Administrative detention is carried out by law enforcement agencies (National Police) only in the following cases: when committing petty hooliganism, committing domestic violence, violating the order of organizing and holding meetings, rallies, street marches and demonstrations, spreading false rumors, committing malicious disobedience the order or request of a police officer, member of a public formation for the protection of public order and the state border, as well as a serviceman or their offenses, public appeals to non-executors the police, in contempt of court, unlawful access to information in automated systems, violations of currency regulations, rules on the circulation of narcotic drugs or psychotropic substances, illicit sale of goods or other objects, petty speculation, trafficking in hands in unspecified places, when drinking alcohol in public or appearing in public in a drunken manner, which offends human dignity and public morality, when there is reason to believe that a person is engaged in Titration, in violation of traffic rules, rules of hunting, fishing and protection of fish stocks and other violations of the legislation on the protection and use of wildlife, in violation of the rules of stay of foreigners and stateless persons in Ukraine and transit passage through the territory of Ukraine, as well as in other cases directly provided by the laws of Ukraine.

Read also about: Medical help to foreigners in COVID-19 cases in Ukraine

That is, again the right to administrative detention by police officers solely for committing an administrative offense under Art. 44-3 of the Code of Administrative Offenses is not foreseen, but be careful as such detention may occur if the police or his image is maliciously disobeyed.

If police officers decide to apply administrative detention, then you should remember the following.

First, according to Art. 29 of the Constitution of Ukraine, every arrested or detained person must be informed promptly of the reasons for his arrest or detention, his rights are explained and given the opportunity from the moment of detention to defend himself personally and to use the legal assistance of a lawyer. Relatives of an arrested or detained person must be notified immediately of the arrest or detention of a person.

Secondly, according to Art. 261 of the Code of Administrative Offenses on administrative detention, a protocol is drawn up stating: the date and place of its detention; the name, surname, first name and patronymic of the person who made the record; the identity of the detainee; time and motives for detention. The record is signed by the official who drew it up and the detainee. If the detainee refuses to sign the protocol, he / she shall make a record thereof.

Third, according to Art. the administrative detention of a person who has committed an administrative offense may last no more than three hours. Thus according to Art. 37 of the Law on the National Police, the countdown of the detained individual’s detention in specially designated premises shall be counted from the moment of his actual detention. It is in this situation that you will find it useful to record when the events started, as your movement restriction occurred at the time of your stop by police.

In addition to the above preventive measures in accordance with Art. 42 of the Law on the National Police, the police are also entitled to apply the following coercive measures in the exercise of their powers under this Law: physical influence (force); use of special means; the use of firearms.

As practice shows, such measures of coercion as physical influence are most often used, so these cases will be discussed in the future.

Yes, Art. 43 of the Law on the National Police stipulates the procedure for the application of coercive measures, in particular: the police officer is obliged to warn the person in advance about the use of physical force, special means and firearms and to give them sufficient time to fulfill the legal requirement of the police officer; police officers are obliged to provide emergency medical assistance to persons who have suffered as a result of the use of coercive measures; the use of physical force, special weapons and firearms is prohibited against women with clear signs of pregnancy, minors, persons with clear signs of disability or old age, except in cases of armed or group attack, armed resistance to a police officer who threatens life and health other persons or police, if it is not possible to repel such an attack or resistance by other means and means.

According to Art. 44 of the Law on National Police, a police officer may use physical force, including special methods of combat (melee combat), to ensure the personal safety or / and security of others, the termination of an offense, the detention of an offender, if other police measures are applied. does not enforce police powers conferred upon it by law. The police officer is obliged to notify his supervisor in writing, and he is obliged to inform the prosecutor of the assignment to the person of bodily harm as a result of the use of physical force.

Thus, in fact, the police may apply physical force to persons who have committed an administrative offense under Art. 44-3 Code of Administrative Offenses, especially if there is a continuing offense such as being on the street without personal protective equipment or if the situation has led to the need for detention.

In the event of the use of force, be sure to request immediate medical attention, as it is necessary to record both the fact and the severity of the injuries sustained, as the absence of these documents will lead to the impunity of those police officers who abuse their powers, unfortunately, in the recent past. the whole country made sure.

Among other things, we consider it necessary to provide advice that will not be written in any normative act – save your strength and health and do not argue with the police about the irrationality of limiting your rights by quarantine legislation, but require compliance with your rights in any procedural actions You.

Unfortunately, in our country, from the point of view of our own evaluation judgments, it has happened so far that the vast majority of police officers see only their rights and blindly do not see any reservations about their conditions of implementation, and even more so they do not want to see or hear about citizens’ rights. , so keep your strength and health for the court and hold the police accountable for exceeding your authority, though it is not an easy thing to do, but the water is sharpening stone.

Finally, know your rights, stand for them within the rational, protect your health and change the world for the better!

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