When a police officer has the right to check your passport

Right A Life / by admin / December 19, 2019

Layfhaker understand in what cases need to provide proof of public - and not necessarily whether you are fined.

When you need to show your passport

Under Article 13Federal Law "On Police" from 07.02.2011 N 3-FZ the law "On Police", the police have the right to check the identity documents, in the following cases:

if a person is suspected of committing a crime;
if he wanted;
if there is a reason for initiating administrative proceedings;
if there are grounds for detention.

The grounds for detention are an escape from custody, mental disorders, threatening others, violation of curfew, suicide attempt, penetration of the protected objects and other deviant behavior.

The reason for the inspection of documents, for example, can be a state of alcoholic intoxication, if someone indicated that you are violating the public order, or if your appearance is similar to the wanted criminal.

Alexander Gulko, "Gulko Judicial Bureau"

How is the examination of documents

Has the right to inspect documents only in the performance of the police. Employee (even in the form), which output or which is not in my area of the city, has no right to demand something.

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Going to the citizen, the police must:

Introduce - call position, rank and name.
Present business card at the request of the citizen.
Report the reason and the purpose of treatment.

You can not get the passportAs an employee of the Interior does not comply with the charter and will not respond to questions.

A citizen may show a passport, not letting go of hands. If the police take away the power of the documents, it is violation of Article 19.17"Code of the Russian Federation on Administrative Offenses" from 30.12.2001 N 195-FZ Code of Administrative Offenses.
Alexander Gulko, "Gulko Judicial Bureau"

What will happen in case of failure to produce documents

If the police have investigative orientation or your looks suspicious, do not bicker. Please submit a legal document. Failure can be rastsenon as the disobedience of a lawful order of a police officer. It is fraught with fine from 500 to 1000 rubles or imprisonment for up to 15 days (Article 19.3"Code of the Russian Federation on Administrative Offenses" from 30.12.2001 N 195-FZ Code of Administrative Offenses).

Detention performed after the protocol in the presence of two witnesses. Delay can be up to 48 hours.
Alexander Gulko, "Gulko Judicial Bureau"

What to do if your passport is not with you

Russian citizen is not required to always carry a passport. Following the letter of the law, many carefully preserved its core document at home.

The police can show other identification document. This can be:

temporary identity card (form number 2P);
international passport;
Certificate soldier, sailor or employee of the prosecutor's office.

Officially they are not identity cards, but it can arrange internal affairs driver's license, student ID cards, permits and other documents with photos, as well as copies of them.

If a well is not any documents, the police can deliver the citizen to the police station for identification (Article 13 of the Law "On Police"). Do not delay, namely to deliver.
Alexander Gulko, "Gulko Judicial Bureau"

Can fine because of problems with the documents

The lack of any documents is not an offense. However, the district (! Not patrol) may draw up a report and make a ruling on administrative offense, if:

expired passport;
no residence registration or place of residence.

Employees of the Interior under no circumstances can not write and collect fines on the spot.
Alexander Gulko, "Gulko Judicial Bureau"