Maximum period of administrative detention

Article 27.5. Terms of administrative detention

1. Analysis of the rules of Parts 1 and 4 of Art. 27.5 allows us to draw a number of conclusions:

1) as a general rule, the period of administrative detention should not exceed 3 hours. This means that it can be smaller, but not larger;

2) the mentioned period is calculated from the moment of delivery to the place (premises) specified in Art. 27.2 (see commentary to it), and not from the moment, for example, when the person was stopped by a police patrol on the street;

3) the period of administrative detention of persons in a state of intoxication (including alcohol, drugs) is calculated not from the moment of delivery, but from the moment when sobering up occurs (it is established in the manner prescribed by the relevant legal acts of the Ministry of Health and Social Development of Russia and the Ministry of Internal Affairs of Russia , for example, operating in sobering-up stations). The degree of intoxication does not matter in this case.

2. There are a number of exceptions from this general rule (provided for in Parts 2, 3 of Article 27.5), when the period of administrative detention may exceed 3 hours:

1) if a person is being investigated for an administrative offense that may entail administrative punishment such as administrative arrest, the period of administrative detention cannot exceed 48 hours (for example, if the person has committed petty hooliganism, see commentary to Article 20.1);

2) if a person has committed an administrative offense aimed at the established regime of the State Border of the Russian Federation (in other cases expressly specified in Part 2 of Article 27.3), the period of administrative detention also cannot exceed 48 hours.

And in these cases, the period of administrative detention is calculated from the moment of delivery (sobering up). The period of administrative detention is included in the period of administrative arrest (see commentary to Article 3.9). About the fact that Part 3 of Art. 27.5 does not contradict the Constitution of the Russian Federation, see resolution of the Constitutional Court of June 16, 2009 N 9-P.

Article 27.5 of the Code of Administrative Offenses of the Russian Federation. Terms of administrative detention

New edition of Art. 27.5 Code of Administrative Offenses of the Russian Federation

1. The period of administrative detention should not exceed three hours, except for the cases provided for in parts 2 and 3 of this article.

2. A person in respect of whom proceedings are underway for an administrative offense encroaching on the established regime of the State Border of the Russian Federation and the procedure for staying on the territory of the Russian Federation, about an administrative offense committed in internal sea waters, in the territorial sea, on the continental shelf, in exclusive economic zone of the Russian Federation, or a violation of customs rules, if necessary to establish an identity or to clarify the circumstances of an administrative offense, may be subject to administrative detention for a period of no more than 48 hours.

3. A person in respect of whom proceedings are being conducted for an administrative offense, entailing, as one of the measures of administrative punishment, administrative arrest or administrative deportation from the Russian Federation, may be subjected to administrative detention for a period of no more than 48 hours.

4. The period of administrative detention of a person is calculated from the moment of his delivery in accordance with Article 27.2 of this Code. The period of administrative detention of a person in a state of intoxication is calculated from the moment he sobers up. In this case, the total period of time for sobering up of a person in a state of intoxication from the moment of his delivery in accordance with Article 27.2 of this Code and the administrative detention of such a person on the basis of part 2 or 3 of this article cannot exceed 48 hours.

Commentary on Article 27.5 of the Code of Administrative Offenses of the Russian Federation

1. The commented article defines the general (3 hours) and special (48 hours) periods of administrative detention. The maximum period of detention is based on Art. 22 of the Constitution of the Russian Federation, according to which, before a court decision, a person cannot be detained for more than 48 hours. In the Resolution of the Constitutional Court of the Russian Federation dated February 17, 1998 “In the case of verifying the constitutionality of the provisions of part two of Article 31 of the USSR Law of June 24, 1981 “On the legal status of foreign citizens in the USSR” in connection with the complaint of Yahya Dashti Gafur” it is noted that according to within the meaning of the mentioned article of the Constitution of the Russian Federation, the procedure established by it for applying appropriate coercive measures also applies to administrative detention. Administrative detention for more than 48 hours is permitted only on the basis of a court decision.

2. The period of administrative detention of a person is calculated from the moment of delivery, and of a person in a state of intoxication, from the time of his sobering up. Considering that the concept of “sobering up” is not a legal, but a medical category, and, moreover, based on the discretion of the officials carrying out the detention, this formulation of the law creates the ground for abuse in determining the moment of sobering up. It seems necessary to establish in legislation the maximum sobering period, as well as to secure the right of a detained person to have his condition checked with the mandatory participation of a narcologist.

Another comment on Art. 27.5 of the Code of the Russian Federation on Administrative Offenses

1. Administrative detention temporarily restricts the right to movement and personal integrity, therefore it can be applied only in cases and for the period provided for by federal law. In accordance with the commented article, this period should not exceed three hours. The period of detention begins to be calculated from the moment the offender is delivered to the office premises of the internal affairs body, tax police, customs authority, military commandant's office, local government body of a rural settlement or to other office premises. For persons detained in a state of intoxication, the period begins to be calculated from the moment they sober up.

2. This article provides for longer periods of administrative detention in a number of cases. For a period of up to 48 hours, in order to establish the identity of the offender or to clarify the circumstances of the administrative offense, persons who have committed a violation of the established regime of the State Border, the order of stay on the territory of the Russian Federation, who have committed an administrative offense in internal sea waters, in the territorial sea, on the continental shelf, may be detained. in the exclusive economic zone of the Russian Federation, violation of customs rules.

3. According to paragraph 6 of Article 22 of the Federal Law of June 24, 1999 “On the fundamentals of the system for the prevention of neglect and juvenile delinquency,” juvenile offenders can be in the center of temporary isolation of the internal affairs body for the minimum time necessary for their placement, no more 30 days. In exceptional cases, this time may be extended based on a judge's ruling for up to 15 days. The prosecutor at the location of the said center is notified immediately, but no later than 24 hours, of placement in a temporary isolation center for juvenile offenders.

4. In accordance with the Law of the Russian Federation of April 18, 1991 “On the Police” and the Decree of the President of the Russian Federation of November 2, 1993 “On measures to prevent vagrancy and begging,” persons engaged in vagrancy and begging, with the sanction of the prosecutor, can be detained for up to ten days. These persons are placed in social rehabilitation centers of the internal affairs bodies to determine their identity and provide them with social, medical and other assistance.

Article 27.5. Terms of administrative detention

1. The period of administrative detention should not exceed three hours, except for the cases provided for in parts 2 and 3 of this article.

Commentary to Art. 27.5 Code of Administrative Offenses of the Russian Federation

1. As a general rule, the period of administrative detention should not exceed 3 hours. It is calculated from the moment the person is brought to the office premises to draw up a protocol on the administrative offense.

When dealing with those delivered who are in a state of intoxication, if their actions contain signs of an administrative offense, the operational duty officer of the internal affairs body or another authorized person is obliged to place the offender in a room for administrative detainees and, after his sobering up, conduct the proceedings in the prescribed manner.

2. The period of administrative detention can be less than 3 hours if the goals of administrative detention have been achieved (a protocol on an administrative offense has been drawn up, the identity of the detainee has been established, an administrative penalty has been imposed), or circumstances have been identified that preclude proceedings in the case of an administrative offense (Article 24.5 of the Code of Administrative Offenses of the Russian Federation).

3. In exceptional cases, the period of administrative detention may be more than three hours. At the same time, the norms of the Code of Administrative Offenses of the Russian Federation fully comply with Art. 22 of the Constitution of the Russian Federation, according to which, before a court decision, a person cannot be detained for more than 48 hours. Administrative detention for a period of no more than 48 hours is allowed only in two cases:

— when committing a violation of customs rules, the regime of the State Border of the Russian Federation and some other offenses;

- when committing an offense that entails administrative arrest as one of the administrative penalties.

The purposes of such detention may be to establish identity or clarify the circumstances of the case, and in cases where the sanction of the article for committing an offense provides for punishment in the form of administrative arrest - to ensure the inevitability of the appointment and execution of punishment.

4. The decision to extend the period of administrative detention is made by an official within the limits of his powers independently, without a written message to the prosecutor or obtaining his sanction.

Article 27.5. Code of Administrative Offenses of the Russian Federation. Terms of administrative detention

Article 27.5 of the Code of Administrative Offenses of the Russian Federation with comments and amendments for 2018-2019

1. The period of administrative detention should not exceed three hours, except for the cases provided for in parts 2 and 3 of this article.

Commentary on Article 27.5. Code of Administrative Offenses of the Russian Federation:

1. When applying the commented article, it is necessary to take into account the provisions of Art. 22 of the Constitution of the Russian Federation, according to which, before a court decision, a person cannot be detained for more than 48 hours. The Resolution of the Constitutional Court of the Russian Federation of February 17, 1998 (SZ RF. 1998. N 9. Art. 1142) noted that, within the meaning of the mentioned article of the Constitution of the Russian Federation, the procedure established by it for applying appropriate coercive measures also applies to administrative detention.

Part 1 of the commented article indicates the general maximum period for administrative detention of a person who has committed an administrative offense - 3 hours. The period of administrative detention of a person must include the time of actual stay as a detainee from the moment of delivery for drawing up a protocol until the moment of release, but not more than 3 hours.

2. Persons who have committed petty hooliganism and a number of other offenses entailing administrative arrest as one of the administrative penalties may be detained by the head of the internal affairs body (his deputy), the head of the duty unit (duty shift of the duty unit), authorized officials of other state bodies carrying out administrative detention in accordance with Art. 27.3 of the Code, for the period necessary for the consideration of the case by a judge, but not more than 48 hours. In the absence of those specified in Art. 27.3 of the Code, the bodies of specially designated premises or special institutions for the detention of detained persons, created in the prescribed manner by the executive authorities of the constituent entities of the Russian Federation, the detention of administrative detainees on the grounds specified in Parts 2 and 3 of Art. 27.5 of the Code is not permitted.

3. In a state of emergency, citizens who violated the curfew rules are detained by law enforcement until the end of the curfew, and persons who do not have identification documents with them - until their identity is established, but for no more than three days by decision of the chief internal affairs body or his deputy.

In accordance with the Resolution of the Constitutional Court of the Russian Federation of March 14, 2002, the period of administrative detention from July 1, 2002 without a court decision cannot exceed 48 hours. By a court decision, in certain conditions, this period can be extended by no more than 10 days (Article 31 of the Federal Constitutional Law of May 30, 2001 No. 3-FKZ “On a State of Emergency”).

4. In conditions of martial law in accordance with Art. 7 of the Federal Constitutional Law of January 30, 2002 No. 1-FKZ “On Martial Law” federal executive authorities, executive authorities of constituent entities of the Russian Federation and military control authorities are given the right, if necessary, to detain citizens for up to 30 days.

5. In accordance with the Federal Law of June 24, 1999 N 120-FZ “On the fundamentals of the system for the prevention of neglect and juvenile delinquency” (as amended and supplemented), a system of specialized institutions for minors in need of social rehabilitation, social management bodies protection of the population. Article 21 of the mentioned Federal Law determines that the internal affairs bodies have divisions for juvenile affairs and temporary detention centers for juvenile offenders. To the specified centers in accordance with Art. 22 of this Law, minors who have committed offenses entailing administrative liability may be placed by order of a judge in cases where their identity has not been established or they do not have a place of residence, place of stay or do not live in the territory of the subject of the Russian Federation where they committed the administrative offense. In this case, the prosecutor is notified within 24 hours, and within 2 days from the date of placement of such a person in an isolation ward, the materials are sent to the judge to decide on the further detention or release of the minor. Minors may remain in a temporary detention center for the minimum amount of time necessary for their placement, but not more than 30 days. In exceptional cases, this time may be extended based on a judge's ruling for up to 15 days.

6. Foreign citizens and stateless persons who have illegally crossed the State Border of the Russian Federation, in respect of whom decisions have been made to transfer them to the authorities of neighboring states or deportation from the Russian Federation, or decisions have been made to impose administrative punishment in the form of administrative deportation from the Russian Federation, by court decision are detained by internal affairs or security authorities for the time necessary to execute the decision or resolution (see Art. 31 and 34 of the Federal Law of July 25, 2002 N 115-FZ “On the legal status of foreign citizens in the Russian Federation” as amended. and additional).

Maximum period of administrative detention

Our regular readers are legally and economically literate people who are capable of defending their own legal rights in any unfair situation. If you are new to grazhdaninu.com, join us! Today we will consider the issue of administrative detentions, namely, how long representatives of order have the right to restrict the freedom of citizens as a result of administrative offenses.

Administrative detention, essence

What it is?

Administrative detention is a measure of short-term restriction of a person’s freedom in order to clarify the circumstances of an administrative offense, as well as when required by a decision in a given case.

Also, administrative detention can be carried out in cases where record keeping does not imply such a need. This applies to situations where it is necessary to detain people who pose a threat to themselves and/or others (mentally ill people, drunk people, minors).

Who can detain citizens

The subjects of administrative detention, of course, are persons performing official duties. The powers to detain people in the interests of investigating an offense are available to:

police officers;
VAI employees (in relation to persons violating traffic rules, acting as drivers of vehicles of some government agencies);
border guard officers (in situations concerning administrative offenses in relation to the state border, territorial sea, internal waters);
customs officers;
representatives of departmental security or non-departmental security under the Russian Internal Affairs bodies (in relation to persons committing offenses in relation to protected areas and objects);
military personnel;
bailiffs (in cases involving violations of court decisions);
persons monitoring the circulation of illegal substances (in situations prescribed by law)

Duration of administrative detention

In the most general case, a citizen cannot be detained for more than 3 hours. In some situations, the maximum detention time increases to two days. These include:

Cases of detention of persons who have committed an administrative offense in relation to the State Border of Russia.
Cases of detention of persons violating the customs rules of our state. Such detentions are made in order to establish the identity of a person, in order to clarify and clarify the circumstances of the incident.
Detention of persons against whom an administrative case is already underway, and one of the possible penalties is administrative arrest or deportation from the country.

The detainee has the right to demand that his relatives, colleagues, and lawyer be notified of his detention.

If detention is carried out longer than established by law, the rights of the detainee are violated.

Citizens whose detention was carried out in violation of their rights can appeal against the illegal actions of law enforcement agencies. You need to contact the prosecutor's office or court. In your appeal, you must indicate in as much detail as possible the circumstances of the arrest (car numbers, names of employees, previous circumstances), as well as all information about yourself. Explain why and what the violation of your rights is.

If the authorities of your state do not make decisions in your favor or refuse proceedings, the ECHR will most likely accept your position. In the European Court, even the fact of administrative detention may turn out to be unlawful if serious grounds for it are not proven. Even if an administrative offense has been committed, compelling reasons are required for detention.

Rude treatment, insults, and physical violence on the part of employees, not only during detention, but also during transportation to the place of detention, are also considered a violation of human rights. If you win the case (which is most likely), you will be awarded compensation from 1 to 3 thousand euros.

From what moment does the detention time countdown begin?

The calculation of the time of detention begins from the moment the offender arrives at the place where investigative procedures are being carried out (the nearest police station, for example). This is a general provision for all cases, except when the offender is drunk. In such a situation, the time of detention begins to count after the person has sobered up, and the total duration of sobering up should not be more than two days.

Representatives of the order are obliged to deliver the violator of the order to the department in the shortest possible time.