What main normative documents the driver needs to know?
of Each driver are stopped by the employee of traffic police. To one thicket, is more rare than others, but stops. Actions of the inspector, to us are how lawful or are not lawful, to simple inhabitants, often it is not known - we got used to fulfill all requirements of police officers implicitly. In this article I will try to open and describe the main requirements of the law at a meeting with the traffic police officer and to consider legal and not legal requirements on highlights. I presented material in the form of a simple, clear and convenient selection in use. Unpack and protect the rights!
1. If you did not violate traffic regulations, then verification of documents - only on stationary posts of traffic police (the order of the Ministry of Internal Affairs from 01. 06. 1998 No. 329).
2. For violations of traffic regulations only the employee of GAI, and other services of militia - can make you a complaint only during special operations (the order of the Ministry of Internal Affairs No. 329).
3. The person driving in the parked car - not the driver, but the passenger. In this case you can either show PTS, or not show documents at all.
4. The inspector, without having presented and without having called the stop reason, demanding to show documents, violates requirements of item 18. 1 - 18. 2 Manuals on work dorozhno - patrol service of State Inspection for Road Traffic Safety of the Ministry of Internal Affairs of the Russian Federation (utv. the order of the Ministry of Internal Affairs of the Russian Federation of April 20, 1999 No. 297).
5. In the presence of the coupon THAT check of any technical parameters of the car (WITH, the joint venture, the level of toning of glasses etc.) it is forbidden (Art. 12. 1 Code of the Russian Federation on Administrative Offences, order of the Ministry of Internal Affairs of the Russian Federation No. 329).
6. The requirement to open a luggage carrier is illegal as according to the Administrative Code examination is a measure of administrative providing and limits the rights of citizens (according to the p. 3 of Art. 55 of the Constitution), it can be carried out only in the presence of the conditions specified in Art. 27. 9 Administrative Code.
So, examination of the vehicle can be made by employees of traffic police not anyway, and only at commission of an administrative offense or at suspicion of use of this means of the illegal purposes. And even the last, by the way, does not give the chance for an arbitrariness from the corresponding workers in the sense that it is always possible to refer to this suspicion. This suspicion has to be reasonable.
the Driver is obliged to open a luggage carrier only at observance of conditions of Art. 27. 9 Codes of the Russian Federation on Administrative Offences, that is if there are witnesses and the protocol of examination in a free form will be made. (It is necessary to notice that drawing up the protocol is the duty of authorized officers established by the law - Art. 243 the Administrative Code which they are obliged to execute without any requests and petitions.)
Making unreasonable examination, the employee of traffic police commits a criminal offense: officials - according to Art. 286 of the criminal code of Russian Federation (abuse of office), but not official - according to Art. 330 of the criminal code of Russian Federation (arbitrariness) as in this case essential harm is done to the rights and freedoms of the citizen as the car is exposed to examination without the legal basis which is available on that.
7. According to Art. 28. 1. The Code of the Russian Federation on Administrative Offences the inspector of traffic police is authorized for drawing up the protocol on the case of an administrative offense, however often the inspector on the place issues the decree on the case of AP, than violates provisions of Art. 28. 6 Codes of the Russian Federation on Administrative Offences that the protocol is formed in case of contest of existence of an event of an administrative offense, and the resolution - when the citizen admits the guilt.
8. During acquaintance with the protocol the inspector is obliged to explain you your rights provided by article 247 of the Code of Administrative Offences; if he refuses to make it, he violates requirements of item 18. 8 Manuals on work dorozhno - patrol service of State Inspection for Road Traffic Safety of the Ministry of Internal Affairs of the Russian Federation.
9. The inspector obliges you to sign the column “ Received the Copy of the protocol “ having referred to the fact that “ live “ the signature on the copy is inadmissible. Such actions the inspector who made the protocol violated Art. 28. 2 Codes of the Russian Federation on Administrative Offences according to which he is obliged to hand the copy of an administrative report.
10. Article 25. 6 Administrative Code say that “ any person who knows something on business " can act as the witness in the case;. I pay your attention to that fact that if the inspector does not enter names of passengers in minutes or invites false witnesses, he makes the penal act provided by Art. 292 of the criminal code of Russian Federation “ Office forgery “.
Article 50 of the Constitution of the Russian Federation: “ … 2. At implementation of justice use of the evidence obtained with violation of the federal law " is not allowed;.
the Comment to article 50: “ The Provision on inadmissibility of the evidence obtained in the illegal way is directed to prevention investigative and miscarriages of justice which can be generated by incorrect sources of information. This situation is directed also to protection of the rights of citizens and caution of officials of law enforcement agencies and court against violation of standards of the procedural legislation... “
Non-compliance with this order demonstrates that the citizen is brought to administrative responsibility illegally, and, according to the Resolution of Russian Armed Forces on civil cases (No. 12 BVS of 2001) irrespective of, made or not the person made responsible, an administrative offense.
11. You have the right to use protection of the lawyer according to Art. 25. 5 Codes of the Russian Federation on Administrative Offences. Writing out the resolution, the inspector finds you guilty on the place, and thus denies the assistance of the lawyer (defender), depriving of you the right for a legal aid guaranteed by article 48 of the Constitution of the Russian Federation when considering the case. It also is the sufficient basis for cancellation of the decision on punishment. This circumstance directly confirms violation of an established order of consideration of the case in this connection the called resolution is subject to unconditional cancellation. Having written out the Resolution on an administrative offense, the inspector violates your rights guaranteed on the basis of Art. 49 of the Constitution of the Russian Federation:
A) Each defendant in commission of crime is considered innocent until his guilt is proved in the order provided by the federal law and is established by the sentence of court which entered into force.
B) the Defendant is not obliged to prove the innocence. Demand from the inspector of proofs of your fault, Art. 1. 5 Codes of the Russian Federation on Administrative Offences.
12. You are not obliged to offer explanations and indications. In the protocol write: “ He does not agree “ or “ Did not violate traffic regulations “ (Art. 51 of the Constitution of the Russian Federation).
13. In case you consider actions of traffic police officers illegal, and attraction you to administrative responsibility illegal and unreasonable if established orders of attraction were not observed, or there was no structure of an administrative offense, according to the Art. of Art. 266 - 268, 273 Administrative Code, St. 239 GPK, you can appeal to higher instance to repeal the resolution on imposing of an administrative penalty in the form of a penalty and to stop business on the basis of item 1 of Art. 227 the Administrative Code (lack of an event and structure of an administrative offense).
14. If you wrote the complaint, about results of functional audit check and the taken measures are obliged to report to you in writing in the time established to Art. 271 by the Code of the Russian Federation on Administrative Offences.
15. Only the court can deprive of the rights you (Art. 3. 8 Codes of the Russian Federation on Administrative Offences).
Knowing the rights and duties, we protect ourselves from an arbitrariness which, unfortunately, still takes place to be on our roads.
of Good luck to you less meetings with lawlessness and arbitrariness!