Where is administrative arrest served?

Administrative arrest. Is it really that scary?

Article 3.9 of the Code of Administrative Offenses of the Russian Federation states that “administrative arrest consists of keeping the offender in conditions of isolation from society and is established for a period of up to fifteen days.” This type of punishment can only be imposed by a court. That is, a simple police officer or even a prosecutor’s office cannot isolate a person with the stroke of a pen, but the person who drew up the protocol on an administrative offense for which punishment is punishable by arrest is obliged to immediately submit it to the judge, who will make the final decision. The case of an administrative offense, the commission of which entails administrative arrest, is considered on the day of receipt of the protocol on the administrative offense and other materials of the case, and in relation to a person subjected to administrative detention - no later than 48 hours from the moment of his arrest. Isolation of a person consists of placing him in a special detention center, in which he serves the entire term of arrest. It is worth noting that the period of administrative detention is counted towards the period of administrative detention.

What is a special detention center?

Special reception centers under the internal affairs bodies are institutions designed to hold persons administratively detained for committing offenses for which a court may impose a penalty in the form of administrative arrest, subject to administrative arrest, as well as persons conditionally sentenced to imprisonment with mandatory employment or conditionally released from places of imprisonment with mandatory involvement in work.
That is, you can meet there extremely unpleasant subjects, for whom this type of punishment seems almost like a vacation. Of course, police officers try to avoid this, but this does not always work out. The special detention center looks like an ordinary room, but of a very gloomy and uncomfortable type, as you can guess.
For what offenses can you be subject to administrative arrest?

1) For the use of narcotic drugs or psychotropic substances without a doctor’s prescription, with the exception of certain cases provided for in Part 2 of Article 20.20, Article 20.22 (Article 6.9 of the Code of Administrative Offenses of the Russian Federation), the term is up to fifteen days. There is a funny exception, it is worth noting, which in some incomprehensible way provides for different sanctions for almost the same offense.

2) Receiving income from prostitution, if this income is related to another person’s engagement in prostitution (Article 6.12 of the Code of Administrative Offenses of the Russian Federation), period - from ten to fifteen days.

3) Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant (Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation), for a period of up to fifteen days.

4) Failure to comply with a lawful order of a judge to stop actions that violate the rules established in court (Part 1 of Article 17.3 of the Code of Administrative Offenses of the Russian Federation), period - up to fifteen days.

5) Disobedience to a lawful order or demand of a serviceman in connection with the performance of his duties to protect the State Border of the Russian Federation (Article 18.7 of the Code of Administrative Offenses of the Russian Federation), up to fifteen days.

6) Disobedience to a lawful order or demand of a police officer, military serviceman or employee of the penal system in connection with the performance of their duties to protect public order and ensure public safety, as well as obstruction of their performance of official duties (Part 1 of Article 19.3 of the Code of Administrative Offenses of the Russian Federation) , period - up to fifteen days.

7) Disobedience of a citizen (with the exception of convicted persons serving a sentence of imprisonment in a penal institution, as well as persons suspected and accused of committing crimes and detained in other institutions) to a legal order or demand of an employee of the penal system, a military serviceman or other person in the performance of their duties to ensure the safety and security of these institutions, maintaining the established regime in them, protecting and escorting convicted persons (suspects, accused) (Part 2 of Article 19.3 of the Code of Administrative Offenses of the Russian Federation), term - up to fifteen days.

8) Failure by a person released from places of imprisonment to fulfill obligations related to compliance with the restrictions imposed on him by the court in accordance with federal law (Article 19.24 of the Code of Administrative Offenses of the Russian Federation), for a period of up to fifteen days.

9) Petty hooliganism, that is, obscene language in public places, offensive harassment of citizens or other actions that demonstratively violate public order and peace of citizens (Article 20.1 of the Code of Administrative Offenses of the Russian Federation), term - up to fifteen days.

10) Organizing or holding an unauthorized meeting, rally, demonstration, procession or picketing in the immediate vicinity of the territory of a nuclear installation, radiation source or storage facility for nuclear materials or radioactive substances, as well as active participation in such actions, if this made it difficult for the personnel of the specified facilities to perform official duties duties or created a threat to the safety of the population and the environment (Part 3 of Article 20.2 of the Code of Administrative Offenses of the Russian Federation), period - up to fifteen days.

11) Demonstration of fascist paraphernalia or symbols for the purpose of promoting such paraphernalia or symbols (Article 20.3 of the Code of Administrative Offenses of the Russian Federation), period - up to fifteen days.

12) Violation of the requirements of the state of emergency (with the exception of violation of curfew rules) (Article 20.5 of the Code of Administrative Offenses of the Russian Federation), period - up to thirty days.

13) Organization of blocking, as well as active participation in blocking transport communications (Article 20.18 of the Code of Administrative Offenses of the Russian Federation), period - up to fifteen days.

14) Appearance 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 (Article 20.21 of the Code of Administrative Offenses of the Russian Federation), up to fifteen days.

15) Unauthorized abandonment of the place of serving administrative arrest (Article 20.25 of the Code of Administrative Offenses of the Russian Federation), term - up to fifteen days.

What do you have and do not have the right to while in a special detention center?

You have the right:

for personal safety during detention in a special detention center;

receive food, material and living support according to established standards and medical care in accordance with current legislation;

if there is a threat to life, health or a threat of committing a crime against the person of the arrested person from other persons held in a special detention center, contact any official with an application for transfer to another premises. In this case, the official is obliged to take immediate measures to transfer the arrested person to another safe premises;

apply for a personal reception to the management of the special receiver;

once during the arrest period, use a telephone with a conversation duration of up to 3 minutes to communicate with relatives and friends (except for long-distance calls);

getting eight hours of sleep at night;

have a sleeping place and bedding during sleep;

to be treated politely by staff and employees of the special reception center;

use your own clothes and shoes according to the season;

use board games, read newspapers and magazines, listen to the radio at a set time until 22:00;

perform religious rites in the premises of a special detention center, have religious literature and objects of religious worship with you, observing the established rules and without infringing on the rights of other arrested persons;

receive clothing and food parcels;

Take a daily walk of at least one hour.

You do not have the right:

store and consume alcoholic beverages and drugs, play cards and other gambling;

throw something out of cells, climb onto window sills, lean out of windows, close the observation “eye” of the cell door;

damage the equipment of the cells, make any inscriptions on the walls of the cells and the property of the special reception center, as well as stick photographs, drawings, clippings from newspapers and magazines on the walls and equipment;

littering the bathrooms in the cells;

use homemade electrical appliances;

keep money and valuables with you;

possess, store and use items, substances and food products prohibited for storage and use;

exchange or sell things;

enter into arguments with employees of the special detention center, refuse or evade compliance with lawful orders;

It is worth noting that all of the listed rights and obligations are required to be brought to the attention of the arrested by the staff of the special detention center, but this does not always happen, but punishment for violating the established rules follows almost instantly and in most cases the person may simply not be aware of the reason for the punishment.

How is administrative arrest served?

Administrative arrest can only be imposed for committing an administrative offense. The purpose of this type of punishment is to isolate a person from society for a certain period of time. The type of such punishment, terms and order of serving are determined only by the court. This process is regulated by Federal Law No. 67 “On the procedure for serving administrative punishment.”

Important: administrative arrest should not be confused with house arrest. We wrote in detail about what house arrest is here.

What can it be used for?

The appointment of this type of arrest may be due to the commission of an administrative violation, the articles of which are prescribed in the Code of Administrative Offenses of the Russian Federation. Thus, such sanctions are often applied in the following cases:

Violating traffic rules, causing an accident.
Possession of drugs in small quantities. But this does not include any narcotic substance; the presence of previous convictions and the age of the offender will also be taken into account.
Driving while intoxicated.
Hooliganism.
Non-payment of alimony.
Showing contempt of court and police.
Drinking alcohol in a public place.
Failure to pay a fine.

There is one nuance in such cases: consideration of the case and application of measures without the participation of the accused is impossible. Knowing this, guilty citizens do not intentionally appear at court hearings.

To whom cannot administrative arrest be applied?

Administrative arrest may be replaced by a fine in relation to the following persons:

women who care for young children and dependents;
pregnant women;
having 1st and 2nd disability groups;
military personnel and those attending military training;
law enforcement officials;
fire and customs workers.

Also, the court can replace administrative arrest with the payment of a fine in relation to those men who independently raise minor children.

Administrative arrest is imposed for a period of no longer than 15 days. But, there is an exception to this rule - in the following cases, administrative punishment can be imposed for a period of up to 30 days:

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violation of the rules of public meetings of citizens, including holding rallies;
violation of the safety of citizens while moving in public places;
violation of the state of emergency.

The calculation of the term of serving the sentence begins from the moment the citizen is detained, and not from the court decision.

Serving order

Sentences are served in special penitentiary institutions, but not in colonies or prisons.

Violators are kept in special cells; separation is carried out according to the following principle:

women and men separately;
Those who need medical supervision or have infectious diseases are kept separately.

Confinement can be either in a group cell or in solitary confinement, depending on the severity of the offense committed. In both the first and second cases, the offender must be provided with the following:

furniture for storing personal belongings;
cabinet for storing food;
table and chair;
bed dress;
urn;
shared bathroom with hot and cold water;
container with drinking water.

Once a day, a convicted person has the right to take a walk in the fresh air on the territory of the penitentiary institution. Also, once a day for no more than 15 minutes, a telephone conversation is allowed. Three meals a day and at least 8 hours of sleep must be provided.

Consequences of administrative arrest

A citizen who has been brought to this type of punishment is considered to be brought to such responsibility for another year. The calculation of the limitation period begins from the moment of release.

Administrative arrest does not entail any legal consequences as such. In this case, the concepts of “criminal record” or “expungement of a criminal record” do not apply, since we are not talking about a criminal offense.

However, in real life, an offense may not result in the most rosy consequences for the criminal. Two weeks is a sufficient period of absence from work to lose it; the fact of such a drive to the law also does not add a positive reputation.

How motorists serve 15 days or a report from the Samara police department special detention center

So we went (I, Tatyana Vasilyeva, and another correspondent of the Samara media) on an excursion to the special detention center of the Samara Internal Affairs Directorate, which is located not far from the Samara wholesale market on Zavodskoye Shosse.

As the press service of the regional traffic police department reported: in the period from January 1 to January 23, 2008, 269 administrative detentions were already registered in the regional traffic police departments, for which 219 administrative arrests were imposed.

Upon the arrival of the group of correspondents, three violators were serving time in the special detention center and another one, 20-year-old student Artem, was brought in right before our eyes.

Artyom’s car went further on a tow truck, and the judge “I don’t know why so many” considered that the young man would need to spend at least 10 days behind bars in order to properly think about it. “I won’t violate it again,” the student immediately stated, just in case, it sounded truthful, but it didn’t work in court, apparently the dark past had an effect: at such a young driving age (2 years of experience), Artem was already deprived of the right to drive a vehicle, and , apparently returned to his old ways.

In the cell, by the way, we met three more representatives of the tribe of malicious disrespecters of traffic rules. Naturally, not guilty of anything.

The second citizen, who also wished to remain anonymous, turns out that he drank the same “two bottles of beer”, after which he “quarreled with his wife, went to the pharmacy, and the child is 5 months old”, complained about the excessive cruelty of the punishment: “now we can lose our jobs, It would be better if the state collected fines, otherwise they are imprisoned as criminals.”

When asked to spend the next week with more benefit than lamenting an untimely lost job, for example, to learn traffic rules, an unknown citizen made a stunning confession: “and I’ve been driving since 1980 and always without a license - there’s no time to get one, what do you think - I know Am I traffic rules? I think no. But in response to my provocation: “I heard that it’s easy to buy rights now?” - came the surprisingly law-abiding answer: “This is a criminal offense, forgery of documents!” Well, the walls of the prison are slowly fulfilling their educational function, albeit from the wrong end. “I’ll still drive without a license. if the wife asks. “, the stubborn man added, blurring the impression. It’s good, at least he didn’t make any complaints about the contents: “Look, there’s even a sausage hanging in the window, but they’re not allowed to touch it, otherwise everything’s fine.”

The head of the special reception center of the Internal Affairs Directorate for the city of Samara, police colonel Babnishchev Alexander Nikolaevich, said the following:

Admission was refused for the following reasons:

Where is administrative arrest served?

Nowadays, people can also be put in a cell for administrative offenses, however, the terms in these cases are usually short, and the conditions are completely different from the conditions of detention of prisoners in ordinary colonies. The Komsomolskaya Pravda correspondent decided to figure out what a correctional institution of this type is like, whose story awaits you below.

It all starts with the trial. Cases of administrative offenses - which may result in arrest - are processed quickly. Before one person had time to listen to the verdict, they were already leading the next “client”. Some people get caught for drunk driving, others for using spice. There are many possibilities.

Every year, about 5 thousand people pass through one Moscow special detention center alone. On average, 14 new prisoners are released per day.

I went to one of the special detention centers to see what kind of order there is now. Are the prisoners, as in “The Adventures of Shurik,” sent to a sand quarry or to clean the stables?

There are three special detention centers in the city. Typically, the offender is sent to a cell directly from the courtroom. No armored paddy wagons are used for this - the person is simply put into a police patrol car and driven to the place.

— The most “popular” period is 5 days. They give more or less less often,” the head of special detention center No. 2, Dmitry Sukhov, tells me.

Already on the spot, the prisoner hands over all personal belongings, money, phone, keys. They even force you to take the laces out of your shoes - what if the offender decides to do something to himself?

Then the prisoner is sent to the paramedic's office. The doctor looks to see if there are lice or any other nasty thing on the head.

- Sometimes tramps come to us. Their clothes generally have to be sent for disinfection. - Sukhov explained.

Surprisingly, prisoners in Moscow detention centers live no worse than passengers in an SV carriage. The standard kit that is given to everyone includes a toothbrush, toothpaste, comb, soap, and a towel.

But you shouldn’t count on a prison uniform. All violators are sitting in their things. The rules even say that a person must be brought from court dressed for the weather.

The mattress comes with a set of bed linen. Pillowcase and sheet are packed in a plastic bag. Everything is almost the same as on the train. True, the door here is locked with a large thick key.

Cells in special detention centers are designed for 3-12 people. The norm is 4 square meters per prisoner. There won’t be much fun, but no one said that the offender was going to a sanatorium.

They sleep here not on two-story bunks, but on ordinary beds. There is even a normal toilet! Well, just like normal - in a separate nook and with a door. Although there is no toilet, all the “conveniences” do not rise above the floor level. But all the prisoners are not looking at you.

Boredom is the worst punishment in administrative detention. There is absolutely nothing to do while sitting in the cell. Forget about orders from a sand quarry or distillery! Now people are just lying on their beds and spitting at the ceiling.

“Every prisoner would have to sign an employment contract,” explains Comrade Sukhov. — We need to look for suitable employers. If a person is sentenced to five days, then the paperwork will take longer than he will have time to work.

What does a prisoner's day look like? Rise at 7 am, breakfast, cleaning the cell, personal time, lunch at 2 pm, personal time, dinner at 8 pm, personal time, lights out at 10 am.

“Personal time” takes up almost the entire day. Everyone whiles away it as best they can. Some read (the isolation ward has its own library), some sleep all day, and some play checkers and chess.

“We are ready to accept books from everyone,” says Sukhov. - Any literature will suit us. Usually, the library of the reception center is replenished with literature that is left by the prisoners themselves or brought from home by workers.

Everyone is required to take an hour of walking every day. If you wish, you are allowed to volunteer to clean the area. Then you can breathe fresh air for another two or three hours. True, you will have to wave a broom at the same time.

FOR DINNER, OF COURSE, PASTA

Three meals a day. The prisoners are taken to the dining room. The premises correspond to all the prison stereotypes that can be seen in the movies. The furniture was chosen on the principle that it would be cheap and durable. Utensils: aluminum spoon, aluminum mug and aluminum bowl. No forks or knives.

The food is not particularly pleasing with variety, but they feed you for free. For example, this is what the menu for one day looks like:

breakfast - semolina porridge with butter, bread and tea with sugar;
lunch - pea soup with stewed meat, millet with butter, bread and tea with sugar;
dinner - pasta with butter, pickles, bread and tea with sugar.

WITH STRESS, BUT WITHOUT “HALDING”

If you look at the amount of free time and free food, you might think that the special detention center is just some kind of resort.

“You shouldn’t think that arrest is a vacation at public expense,” notes Sukhov. “Many people are under a lot of stress. Restriction of freedom becomes a difficult test. In addition, there are professions where absenteeism is unacceptable. And they usually come to us without first having the opportunity to take a vacation. So people then have to explain to their bosses why they didn’t show up for work.

— Do prisoners have their own hazing?

“Criminals rarely end up here.” Most of the people sitting there are ordinary Muscovites who for some reason stumbled. It could be your neighbors. So we have almost no serious quarrels or attempts to put ourselves above others.

WHAT ABOUT DATING?

In special detention centers, visits are allowed, however, only once during the period of serving the arrest and no more than one hour. But close people can completely legally transfer food, books, newspapers, and clothes. So you can live. But it’s better not to come here anyway.

Why you can end up in a special detention center:

1. Violation of the rights of minors.
2. For foreigners: purchase, storage, production of drugs (without the purpose of selling).
3. Avoidance of drug addiction treatment.
4. Organization of prostitution.
5. For foreigners: drug propaganda.
6. Propaganda of homosexuality.
7. For foreigners: purchase, storage, production of drug precursors (without the intention of selling).
8. Petty theft, fraud.
9. Growing hemp
10. Creating a threat to the movement of trains and the subway.
11. Action (or inaction) that violated transport security requirements.
12. Ignoring lawful commands of the aircraft commander.
13. Driving a car by a driver who has been deprived of his license.
14. Drunk driving by a driver who has been deprived of his license.
15. Refusal to undergo a medical examination by the driver of the car.
16. Leaving the scene of an accident by the driver.
17. Drinking alcohol in public places.
18. Disobedience to lawful demands of the police.
19. Stealing numbers.
20. Petty hooliganism.
21. Organization and participation in unauthorized rallies.
22. Propaganda of Nazism.
23. Illegal purchase and sale of hunting weapons.
24. Distribution of extremist materials.

Administrative arrest in 2018 - when applied, conditions of detention

Administrative arrest is a punishment established by the Code of Administrative Offenses of the Russian Federation. The arrested violator is temporarily isolated from society. In this respect, arrest is similar to administrative detention. Detention is the process by which a government or private party legally detains a person by temporarily restricting their freedoms. Unlike arrest, detention is a promising mechanism. While administrative arrest is retrospective, i.e. The decision to arrest is based on whether the citizen has committed an offense in the past. Arguments for detention are often based on claims that the person will pose a future threat. Detention is intended to be preventative, not punitive.

Law enforcement officers are authorized to detain; arrest is the exclusive prerogative of the court. Cases for which arrest is permitted are considered by the courts on the day the protocol is received. The protocol is transferred to the judge immediately after drawing up. If a person is detained during this time, the case is considered within 48 hours after the arrest. The time of detention is included in the period of arrest.

The maximum period of administrative arrest is determined by a specific article of the Code of Administrative Offenses of the Russian Federation and varies from 15-30 days. The duration of detention, regardless of the offense committed, cannot exceed 48 hours.

Where are administrative arrests served?

Popularly, such institutions are called “special detention centers.” Legally, they are correctly called “places of serving administrative arrest.” They are often confused with “special premises” for holding detainees. This is not true. Detention facilities are called detention rooms (DCS) and are part of the police department. The special detention center is an independent institution. It is a separate building with access control. After the court makes a decision on administrative arrest, it is there that the citizen is taken. Those arrested are kept in cells, men and women are kept separately, each arrestee must have at least 4 sq.m. Before being placed in a cell, the arrested person is searched.

Why are they being arrested?

In the Code of Administrative Offenses of the Russian Federation, 39 articles provide for administrative arrest. Not so little, considering that the articles are divided into separate parts, each of which can lead to arrest. A term of up to 15 days is threatened not only for very well-known offenses - drunk driving or drug use, but also for such actions as:

Repeated deprivation of the right to communicate with a parent living separately from the child;
Non-payment of alimony;
Beatings;
Propaganda of narcotic drugs;
Promoting LGBT relationships among children;
Petty theft;
Leaving objects on the railway tracks that could interfere with the movement of trains;
Failure to comply with the requirements of the aircraft commander;
Driving a vehicle without a license;
Refusal of examination;
Leaving the scene of an accident;
Failure to comply with the order of a judge or bailiff to stop violating the rules established in court;
Disobedience to a lawful order or requirement of a military personnel in connection with the performance of his duties to protect the State Border;
Disobedience to a police officer;
Illegal possession of a license plate.

Arrest for up to 30 days is imposed for such offenses as:

Evasion of a drug addict from rehabilitation measures prescribed by the court;
Repeated violation of the rules for holding rallies;
Repeated illegal holding of rallies;
Repeated disobedience to a police officer;
Violation of emergency regulations;
Obstruction of a counter-terrorism operation.

Rights of persons in a special detention center

Despite the commission of an administrative offense, a person retains his status and retains the rights provided for by the Constitution. Even in a special detention center, a person can count on respect, humanity and safety. To comply with these principles, those held in a special detention center have the right to:

Get dates;
Receive medical care;
Receive parcels and deliveries;
Free use of bedding;
Receive three meals a day;
For 8 hours sleep;
Perform religious rites;
One hour a day for a walk;
15 minutes a day for telephone conversations;
Receive free writing materials;
Educate yourself;
Use library books;
Free use of board games;
Free use of soap and basin for hygienic purposes;
Shower weekly.

Persons placed in a special detention center have the right to send letters, make complaints and keep personal belongings with them:

Food products, except perishables;
Clothes for the season without belts or suspenders;
2 sets of underwear;
Sports suit;
Handkerchiefs;
Hygiene products;
Bag;
Safety razors;
Religious items;
Watch;
Photos;
Bed linen, etc.

During the period of detention in a special detention center, the weight of items received in parcels and stored on one’s person cannot exceed 30 kg, regardless of the period of arrest.

Confinement in a special detention center is subject to established regulations. An approximate daily routine in a special detention center:

Rise at 6-00, hygiene procedures, cleaning;
Breakfast – from 08 to 09 hours;
Submission of telegrams, letters - from 10-11;
Lunch from 13 to 14 hours;
Walk;
Dinner from 18 to 19 hours;
Calls from 10 to 12 o'clock and from 19 to 21 o'clock;
Sleep from 22-06 hours;

During the daytime, religious ceremonies and visits with relatives and a defender are allowed.

Those arrested are required to comply with the rules of the special detention center. In addition to this duty, those arrested have the following duties: