What does administrative arrest mean?

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.

What does administrative arrest mean?

Home » Violation of the law » Administrative arrest: when and for what?

Administrative arrest: when and for what?

Hundreds of thousands of minor offenses are committed in Russia every day. Some of them result in unpleasant consequences in the form of imprisonment. In 2001, the Code of Administrative Offenses introduced a punishment in the form of arrest for particularly serious offenses.

More precisely, there were “daily allowances” before, but in the form in which the punishment exists now, it was established seventeen years ago. So, administrative arrest: terms, appointment and execution.

The content of the article

What is administrative arrest
What is administrative arrest for?
Who is not subject to administrative arrest?
Terms of administrative arrest
How is administrative arrest served?
Features of administrative arrest

What is administrative arrest

According to Art.
3.9 of the Code of Administrative Offenses of the Russian Federation is a type of punishment for an offense. The point of punishment is to isolate the offender from society for a short period. In administrative law, this type of punishment is the most severe. The purpose of administrative punishment is to suppress and prevent new offenses by the same person or other persons.

Administrative arrest is not associated with deprivation of liberty, but only with its limitation. Therefore, the law defines a specific period of arrest - up to 15 days.

And only for violating the emergency regime or for violating the regime in a limited area where special operations related to counter-terrorism activities are being carried out, arrest can be imposed for up to 30 days.
Since one of the purposes of administrative punishment is also re-education, arrest is used only in exceptional cases.
Then, when another type of punishment is not enough to correct the offender. Punishment is imposed only by a judge and only for dangerous types of offenses.

What is administrative arrest for?

Offenses that carry an increased public danger are:

appearing in public places while intoxicated or drinking alcohol on their premises;

illegal acquisition and storage of narcotic substances and drugs equivalent to them;

contempt of court;

violation of the rules of passage through a customs point

Who is not subject to administrative arrest?

The law defines a category of citizens to whom this type of punishment, even taking into account the severity of the offense, will not be applied. This category includes:

1. Pregnant women and women who have children under 14 years of age;

2. Persons under 18 years of age;

3. Disabled people, except for the third group;

4. Called to military training at the time of committing an offense, considering a case or imposing a punishment;

5. employees of the Federal Penitentiary Service, Department of Internal Affairs and military personnel;

6. Customs officers and employees who are involved in the control and fight against the illegal distribution of drugs and psychotropic drugs;

7. Employees of the Ministry of Emergency Situations.

It is impossible to arrest such persons, but other types of punishment may be applied to them.

Terms of administrative arrest

To make it easier to understand the terms, it is customary to divide them into three categories:

I – from 3 hours to 3 days.
This minimum sentence applies for border violations or for drug users.
The period is determined by the need to establish the reasons, conduct a medical examination, and find out information about the offense. II – from 3 to 15 days.
Standard term of administrative arrest.
Most often it is prescribed for the driver’s refusal to undergo a medical examination and a number of other offenses. III – from 15 to 30 days.
The maximum period applicable as an exception for offenses strictly defined in Art.
3.9 Code of Administrative Offenses of the Russian Federation. The statute of limitations for ordering an arrest is 3 months, and if it is necessary to transfer the consideration of the case to the offender’s place of residence, the period is suspended until the case begins to be considered in a new court.

How is administrative arrest served?

This punishment is not imprisonment.
Therefore, I cannot keep an arrested person in colonies, including in a colony-settlement or prison. The detention is carried out in special reception centers created for the detention of those persons who are subject to administrative arrest. Such receivers are under the authority of the ATS. All funding comes from the state budget. Those arrested have rights and responsibilities. The procedure for keeping such persons is determined by Federal Law No. 67-FZ dated April 26, 2013.

The moment the term of serving begins is when the arrested person is brought to the reception center. If a person is in a state of impaired consciousness (alcohol or drug intoxication), the period will be calculated from the moment he is completely sober.

Therefore, persons brought to serve their sentences undergo a medical examination. This procedure also helps to establish the presence of diseases that can cause a change in punishment. The presence of certain diseases may prevent you from serving an administrative arrest:

oncological diseases in the final stage;
diseases transmitted by airborne droplets or occurring with complications;
hemophilia;
endocrinological diseases and diseases of the gastrointestinal tract in acute form;
diabetes mellitus (insulin dependent);
mental disorders;
epilepsy;
skin diseases of complex forms;
complete blindness;
any illness requiring emergency care

Also, upon arrival at the reception center, the arrested person will be photographed and fingerprinted.
The rights and obligations of those arrested are regulated by federal law. Each of them has the right to three free meals a day, medical care, and medication. A separate sleeping place, and the arrested person can use his own bed linen and other accessories. The arrested person can walk for at least an hour every day. Meetings with relatives, sending correspondence and receiving parcels, and using the local library are also not prohibited. Among the obligatory things, the offender will be provided with dishes, hygiene kit, and writing materials.

Features of administrative arrest

Perhaps the main question of the arrested person is: “What about work?”

I would like to explain in more detail some points regarding labor relations. Detention, just like arrest, is a legally established reason for absence from work and is recognized as valid. Judicial practice has determined that administrative arrest is not a disrespectful reason, because committing an offense and unwillingness to fulfill one’s job duties or going to work are in no way interconnected. He will be absent from the workplace by a court decision, and not of his own free will. Moreover, the court determined that it was impossible to attend the workplace, since evasion of serving an administrative arrest would be a new offense. (Resolution of the Presidium of the Moscow Regional Court dated October 13, 2004 No. 631).

The decision determined that violation of the law and the commission of an administrative offense relates to administrative law, and not to labor law. An employer cannot impose a disciplinary sanction in the form of a reprimand or, especially, dismissal for committing an administrative offense. Therefore, no one will define such an absence as absenteeism, which means that the employer has no reason to fire the employee for absence from the workplace.

But the employer may not pay for the days when the employee was punished.
And there is a specific reason for this too. Since the employee is absent from the workplace, he therefore does not fulfill his job duties, which means there is nothing to pay him for. Payment based on the Labor Code is precisely remuneration for work. If the employee does not work, the grounds for accruing remuneration to him disappear. Another exceptional point will be that, unlike criminal punishment, there are still concessions in administrative law.

For example, an administrative arrest can be terminated early for certain reasons. If the arrested person applies in writing to the court and declares certain circumstances, for example, the death of a relative, close friend, or a serious illness that requires the intervention or presence of the arrested person, then the court may take such a moment into account and terminate the punishment early.

Such circumstances will also include emergency situations, for example, floods or other natural disasters that caused major moral or material harm to the arrested person. By decision of the court, the punishment can be either terminated or suspended.

After serving the sentence, the arrested person is issued a certificate stating that the sentence has been fully served.
An administrative arrest is not considered a criminal record, so there is no need to pay it off additionally. There is no point in evading administrative arrest. It has already been written above that evasion is a new administrative offense. Article 20.25 of the Code of Administrative Offenses of the Russian Federation provides for punishment for evading arrest or independently terminating it. A new offense is punishable by another arrest for 15 days, or compulsory labor for up to 50 hours.

You shouldn’t think that if you don’t go to serve your sentence now, but a little later, then nothing will change. They will give you a new punishment in addition to the first one. Therefore, instead of fifteen days, you will have to serve thirty. Or, after serving your sentence, you can also work fifty hours for the benefit of the state.

Administrative arrest: when and for what?

Administrative arrest is considered an exceptional type of sanctions, which is imposed in strictly limited cases. Execution of this type of punishment is associated with temporary isolation from society. In this article we will look at who imposes an administrative arrest, and to whom this sanction can be applied.

What it is

The main type of punishment under the Code of Administrative Offenses of the Russian Federation (“Code of the Russian Federation on Administrative Offenses”) is a fine in the form of a monetary amount. Therefore, arrest, as a type of administrative punishment, is an exceptional measure of influence - it can only be used for certain offenses. Let us highlight the key characteristics of arrest recorded in Art. 3.9 Code of Administrative Offenses of the Russian Federation:

arrest consists of isolating the offender from society - execution of punishment occurs by placing the guilty person in a special institution under the supervision of law enforcement agencies;
the specified sanction can only be imposed in court - if the punishment under the article of the Code of Administrative Offenses of the Russian Federation is imposed by officials of authorized departments, the sanction in the form of arrest is not applied;
the law defines the circle of persons to whom isolation from society cannot be applied;
under standard conditions, arrest is applied for a period of up to 15 days, and for certain offenses it can be up to 30 days.

Detention may be applied for up to 48 hours if the offense in question may lead to arrest. The period of detention will be included in the duration of administrative arrest if the court imposes such a penalty. Detention does not require a judicial act - such a decision can be made by the official drawing up the protocol on the offense.

To whom does the arrest apply?

In Art. 3.9 of the Code of Administrative Offenses of the Russian Federation defines the circle of persons who cannot be assigned the specified sanction. By court order, arrest can be applied to any offenders, with the exception of:

pregnant women, as well as women with children under 14 years of age;
minor citizens, i.e. under the age of 18;
persons with disabilities of groups I or II;
citizens undergoing military service in the RF Armed Forces or called up for military training;
employees of government departments with special titles - the Investigative Committee of the Russian Federation, the Ministry of Internal Affairs, the National Guard, the PEC, etc.

In practice, situations are possible when, already during the actual serving of the sentence, the above grounds are revealed. For example, an arrested woman can receive a certificate of pregnancy after being placed in a special detention center of the Ministry of Internal Affairs. In this case, immediate release from serving the assigned sentence follows .

Confirmation of this status occurs when drawing up a protocol on an offense, as well as in court proceedings. The following documents are used for this:

pregnancy certificate issued by an antenatal clinic or other medical institution;
birth certificate;
certificate confirming disability of groups I or II - this document is issued by MSEC institutions;
military ID or document confirming the involvement of citizens in military training;
a document confirming the presence of a title in special government departments.

If the court orders arrest for the listed categories of citizens, the decision will be canceled upon the complaint of the offender or on the basis of a protest from the prosecutor.

The procedure for imposing a sanction in the form of arrest

According to Article 3.9 of the Code of Administrative Offenses of the Russian Federation, arrest as a punishment is established only for certain elements of administrative offenses:

the driver leaving the scene of an accident in violation of the Traffic Rules (no punishment will follow if the driver acted within the law - for example, he took the victim to the hospital);
refusal to comply with a legal requirement or order of a government representative (an employee of the Ministry of Internal Affairs, the PEC or the Armed Forces of the Russian Federation);
petty hooliganism;
failure to fulfill the duties provided for by law for citizens released from serving a prison sentence;
violation of the rules for organizing and holding rallies or other public events;
violation of the emergency regime imposed by government authorities;
unauthorized leaving the place of serving an administrative arrest, or failure to pay a previously imposed fine (arrest for failure to pay a fine is applied only if the offender evaded paying money without good reason).

Each of the listed compositions of the Code of Administrative Offenses of the Russian Federation contains a maximum period of arrest. The specific duration of the punishment will be determined by the court when considering the case. To do this, the nature of the identified violation, the personal characteristics of the offender, the social danger of the offense and other factors are taken into account.

The procedure for assigning a sanction is as follows:

upon the fact of an identified offense, a protocol is drawn up - the authority to draw up a protocol belongs to the officials specified in the Code of Administrative Offenses of the Russian Federation;
if detention is applied during the consideration of the case, this fact is also documented in the form of a protocol - the period of detention is calculated from the moment of delivery to the duty station of the Ministry of Internal Affairs or other government agency ;

for the period of detention, the citizen is placed in a special detention center of the Ministry of Internal Affairs, where he is supervised until the case is considered on the merits;
administrative material is sent to the court, and the case is considered within 24 hours from the moment the protocol is received;
consideration of cases in which an arrest may be ordered occurs only with the participation of the offender - in 2012, the Supreme Court of the Russian Federation established a ban on the appointment of administrative arrest in absentia;
after a court decision is issued, the offender is immediately sent to the place where he will serve the sentence - the period of arrest begins immediately after the decision is announced, even if it has not entered into force .

If the article of the Code of Administrative Offenses of the Russian Federation, on which the protocol was drawn up, contains a sanction in the form of temporary restriction of freedom, the materials are sent to the court immediately, i.e. on the same day. The court is obliged to consider the case on the day it receives procedural documents, and if the potential violator was detained - no later than 48 hours from the moment the detention began.

When considering a case and imposing a punishment, the court has the right to choose one of the provided sanctions. Each article of the Code of Administrative Offenses of the Russian Federation, which allows for arrest, provides for an alternative sanction - a fine . If the offender falls into the category of persons who cannot be subject to arrest, the court issues a ruling to impose a fine. Temporary restriction of freedom is not allowed if this type of sanctions is not included in the article of the Code of Administrative Offenses of the Russian Federation .

Appeals against judicial acts with an arrest order are carried out according to the general rules of the Code of Administrative Offenses of the Russian Federation. You can file a complaint within 7 days after the violator is served with a court order. If the personal participation of an arrested citizen is necessary to consider the complaint, his delivery is ensured by employees of the Ministry of Internal Affairs.

The offender is kept under arrest for the entire period of appeal. Therefore, a situation may arise where by the time the complaint is considered on the merits, the period of arrest will already be completed. If the decision is canceled and the person is fully acquitted, the citizen will be able to recover monetary compensation for unlawful restriction of freedom.

How is the punishment of arrest carried out?

Immediately after the announcement of the judicial act imposing punishment, the citizen is placed under arrest. The terms of serving the sentence are calculated according to the following rules:

if a citizen was detained during the consideration of the case, the period of arrest includes the entire time of detention (starting from the moment of delivery to the office premises of the authorized body);
if the person was not detained, the sentence begins to run from the moment the verdict is announced and he is taken into custody;
the period of arrest is calculated not only in days, but also in hours;
If in the process of serving a sentence the decision is canceled or changed, the citizen is immediately released from arrest.

Where is the sentence of arrest served?

The specific place of detention of arrested persons is determined by the Ministry of Internal Affairs in accordance with Federal Law No. 63-FZ, Decree of the Government of the Russian Federation No. 627 and Order of the Ministry of Internal Affairs 83. Special detention centers of the Ministry of Internal Affairs are used to accommodate these persons. Let us highlight the key rules for keeping citizens under administrative arrest:

isolation from society consists of placing the offender in a common room or in solitary confinement;
bodies of the Ministry of Internal Affairs are obliged to ensure separate accommodation for men and women, and, if possible, for smoking/non-smoking citizens;
persons suffering from infectious diseases or requiring supervision by medical specialists are accommodated separately;
at the legislative level, standards have been approved for providing those arrested with food, sleeping places and bedding;
The arrested person's passport or other document is confiscated. identification document (seized items and documents are placed in safekeeping with the administration of the special detention center of the Ministry of Internal Affairs);
arrested persons are required to obey a daily routine, rest, and walks;
During the isolation period, the possibility of telephone or computer communication is eliminated.

While under arrest, a citizen has the right to communicate and consult with a defense attorney (lawyer). Such meetings are held on the territory of a special detention center of the Ministry of Internal Affairs in compliance with the regime of serving the sentence. A lawyer has the right to file complaints about an unlawful refusal to meet with a client, or about a violation of a citizen’s rights while serving a sentence.

Upon the fact of placement under arrest, information will be sent to the citizen’s place of work. Immediately after the expiration of the arrest period, the person is released from the special detention center. The exception is cases when a person is given a similar punishment for unauthorized leaving the place of arrest. A certificate of release from arrest is issued, which can be presented at the place of work or to other authorities.

Consequences of arrest

According to the norms of the Code of Administrative Offenses of the Russian Federation, arrest is only a restriction, not a deprivation of liberty . The imposition of this sanction does not entail a criminal record and associated negative consequences. Let us highlight the most important consequences that the application of temporary restriction of freedom entails:

placement under administrative arrest is not considered as a basis for dismissal from permanent or temporary work - after full service of the sentence, the citizen must submit to the place of work an appropriate certificate confirming the reasons for absence from the workplace;
for the period of detention, the accrual of wages at the main or temporary place of employment is stopped, but the job is retained;
the fact of serving a sentence in the form of arrest does not automatically increase the similar sanction for subsequent offenses.

Everything you need to know about administrative arrest

Administrative arrest is a type of punishment that is imposed for committing an administrative offense. The regulatory framework is the Administrative Code of the Russian Federation and the Law “On the procedure for serving administrative arrest” (No. 67-FZ of April 26, 2013).

What is administrative arrest?

Administrative arrest consists of placing the offender in custody and keeping him in conditions of public isolation. The choice of such a punishment is the exclusive competence of the court.

As a rule, administrative arrest is established for a period of up to 15 days . But for some offenses the possible maximum sentence has been increased to 30 days :

violation of the rules for organizing and holding meetings, rallies, processions, etc. events;
violation of the conditions of an emergency or counter-terrorist operation;
illegal trafficking of drugs and psychotropic substances.

Arrest is the most severe punishment under the Code of Administrative Offenses of the Russian Federation . Its purpose is an exceptional measure. It is possible if the sanction of the relevant article provides for this type of liability. However, in any case, administrative arrest cannot be applied to the following categories of persons:

pregnant women;
women with young children (under 14 years old);
minors;
disabled people of groups 1 and 2;
military personnel and conscripts for military training;
current employees of the Investigative Committee, the Ministry of Internal Affairs, the Federal Penitentiary Service, the National Guard, the State Fire Service of the Ministry of Emergency Situations and the Federal Customs Service of private, sergeant and officer ranks.

If a person has committed two or more violations for which the court has sentenced him to administrative arrest, the terms are not summed up, do not replace each other, but are counted in parallel:

If several cases (offenses) are considered by the court simultaneously, and an arrest is ordered for each, then the beginning of each term is the date of the court decision or the date of arrest. Here, in any case, the sentence will not be served for more than 15 or 30 days.
If the arrest is imposed while the arrest is being served on another case, the arrest will end upon expiration of the new period. For example, in one case a sentence of 10 days was imposed, and during the period of serving 10 days, another arrest was assigned for 10 days. In this case, the arrested person will be released as soon as the term of arrest in the second case expires. As a result, you can actually sit for a much longer period than 15 or 30 days. The total actual period will be calculated from the moment of detention or first arrest until the expiration of the last arrest.

Differences between arrest, delivery and detention

The administrative process (Administrative Code of the Russian Federation) provides for several types of restrictions on freedom, which, one way or another, deprive people of freedom of movement. These include delivery, detention and arrest.

Delivery (Article 27.2 of the Administrative Code) – detention and immediate forced transfer of a citizen for drawing up an administrative protocol. This measure is used if drawing up a protocol is mandatory, but it is impossible to draw it up on the spot. Upon delivery, either a separate protocol is drawn up, or a note is made in the protocol on an administrative offense. After the completion of procedural actions, the person delivered is released or detained administratively.

Administrative detention (Article 27.3 of the Administrative Code) is a short-term restriction of freedom that can only be used to ensure the consideration of a case and (or) the execution of an administrative decision. A protocol is drawn up upon the fact of detention. The maximum period of detention is 3 hours from the moment of delivery, which was carried out according to the rules of Art. 27.2 Code of Administrative Offences. For citizens who were detained while intoxicated, the 3-hour period is counted from the moment of sobering up, but cannot exceed 48 hours from the moment of delivery. Citizens who have committed an offense requiring administrative arrest may also be detained for up to 48 hours. Violators of the state border and migration legislation may be detained for a similar period if it is necessary to establish their identity and (or) clarify all the circumstances of the offense.

Unlike administrative detention, arrest is a punishment associated with deprivation of liberty, and not a measure of coercion (delivery) and restriction of freedom (detention). Delivery and detention are also possible in cases where arrest is not provided for under the sanction corresponding to the article. They also apply to those persons to whom administrative arrest cannot be applied.

What can an administrative arrest be imposed for?

An arrest can be imposed for any offense for which the sanction of the corresponding article of the Code of Administrative Offenses of the Russian Federation provides for such punishment.

The most “popular” violations for which administrative arrest may be imposed:

beatings;
petty hooliganism;
appearing in a state of intoxication in a public place;
driving a vehicle while intoxicated or without a license;
disobedience to the order of a police officer;
drug use or trafficking;
petty theft;
illegal arms trafficking;
leaving the scene of an accident;
evasion of execution (non-execution) of administrative punishment.

If the sanction is alternative, and the violation is committed for the first time, it is likely that a fine or other punishment will be imposed, but not arrest. Recently, courts have considered compulsory labor to be a good alternative to arrest. But if a person is caught committing the same violation too often, administrative arrest is assigned in almost 100% of cases.

If there are no restrictions established by law for ordering arrest, other valid reasons may influence the court’s decision:

presence of disease;
the presence of dependent children and the inability to temporarily place them with relatives;
presence of bodily injuries that require medical supervision and (or) care;
making amends and other mitigating circumstances.

Administrative arrest procedure

Various options for the procedure are possible:

Delivery – detention – arrest.
Detention - arrest.
Arrest and detention in the courtroom.
Issuance of a court decision and subsequent detention with arrest.

The procedural formalities depend on what stages the offender has gone through. The arrest itself is formalized by a court decision. Simply put, a judge considers a specific administrative case, makes a decision and, imposing a punishment, determines administrative arrest. The period of arrest is also set by the judge.

If the arrest was preceded by detention, its period is included in the period of arrest. That is, if a person was detained, say, for 48 hours, and then arrested for 3 days, then in fact he will have to stay under arrest for 1 day.

The procedure for serving the sentence is regulated by the Law on the Procedure for Serving Administrative Arrest . The conditions of detention of those arrested, food and medical care are determined by Government Decree N627 dated October 15, 2013, and internal regulations are determined by Order of the Ministry of Internal Affairs of the Russian Federation No. 83 dated February 10, 2014.

What is important to know:

Those arrested are kept in a specially designated place - a special detention center, temporary detention center, KAZ, which are located either in a separate building or in the police department building. In fact, those arrested are kept in cells.
Before placing an arrested person in a cell, his personal and property search (search) is carried out. All items prohibited or restricted in circulation are subject to seizure. Items that the arrested person cannot have with them are also confiscated. Upon inspection and seizure of things, a protocol is drawn up or, if the person was previously detained, a note is made in the administrative detention protocol. Upon release, confiscated items, money and valuables are returned, except for items of violation (material evidence) and items prohibited from circulation.
If the person has not been administratively detained, then before being placed in a cell, a medical examination is carried out. Infectious, mental diseases and life-threatening conditions are subject to detection. Physical injuries and health complaints must also be recorded. If there is no regular medical worker, the examination is carried out by an ambulance team or a specially invited specialist from a state (municipal) hospital (polyclinic).
Those arrested have the right to visits, transfers, parcels, meetings with a lawyer, free food and medical care, walks, telephone conversations, hygiene procedures, reading, religious rites and other rights. Meals are 3 times a day, sleep is 8 hours, medical assistance can be requested at any time, and it must be provided.
Men and women, adults and minors, sick and healthy are kept separately.
Even if the court has ordered arrest, persons whose health condition does not allow them to be held under arrest cannot be placed in a cell. The condition is determined by a medical professional or this is done on the basis of submitted medical documents. In particular, it is prohibited to place in the cell injured or sick people whose condition is assessed as severe or moderate, as well as diabetics with moderate or severe diabetes. A note is made in the log book about the impossibility of placement in a cell. As soon as the reasons preventing the serving of the arrest no longer exist, the offender must be arrested.
The daily routine is compiled individually for each place of detention, based on local conditions and climatic features.

Termination and suspension of arrest

The general rule is that the arrest is terminated and the arrested person is released after serving the sentence.

The arrest may be terminated early if:

illness, injury, injury or the general state of health of the arrested person prevents further serving of the sentence;
a close relative or close person of the arrested person has died;
the arrested person died;
As a result of an emergency (natural disaster, fire, etc.), the arrested person or his family suffered significant material damage.

If the reason can be eliminated relatively quickly (within 7 days), then instead of terminating the punishment, the arrest may be suspended for a while. In any case, the decision is made by the court that made the arrest decision, based on a written statement from the arrested person. A person released early is issued a certificate.

The decision to suspend the arrest does not exempt from further execution of the sentence; the period of suspension is not counted towards the period of arrest . After the suspension period has expired, the arrested person is obliged to independently appear at the place where the sentence is to be served. If he does not do this, he is subject to detention and forced delivery. The same procedure awaits those who evade execution of punishment, including those who did not appear in court for the consideration of an administrative case and, therefore, were arrested in absentia.

Consequences of administrative arrest

When any administrative punishment is imposed, a person is considered to be brought to administrative responsibility for 1 year. In case of arrest, this one year is counted from the moment of release.

Administrative arrest does not entail any legal consequences as such. That is, when serving administrative penalties, the concepts of “criminal record” and “expungement of criminal record” are not used, as in criminal law.

In reality, administrative arrest is, firstly, a person’s long absence from work, and, secondly, a fact that discredits one’s reputation. At the same time, judicial practice does not classify administrative arrest as absenteeism from the point of view of labor legislation. Due to absence from work for the specified reason, an employee cannot be fired - this would be illegal.

Facts of administrative liability, as a rule, do not seriously affect employment opportunities. But there are employers who are scrupulous in this matter. If desired, it will not be difficult to “get through” the necessary data, including through familiar police officers. Therefore, it is still worth taking into account the likelihood of refusal to hire, albeit unofficially.

Article 3.9. Administrative arrest

1. Rules part 1 art. 3.9 are devoted to administrative arrest. This type of administrative punishment:

1) represents isolation of a person from society;

2) is expressed in the fact that a person isolated from society must be kept in certain conditions. Places of detention for persons subject to administrative arrest must meet appropriate living conditions for the person (i.e., meet sanitary and hygienic conditions, must be equipped with places for sleeping, eating, etc.). The regulation on the procedure for serving administrative arrest was approved by the post. Government of the Russian Federation N 726 dated 02.10.02;

3) is appointed as an exceptional measure for a period not exceeding 15 calendar days (only in cases where the person has violated the legal regime of a state of emergency (established in accordance with the Law on the State of Emergency), as well as the regime established in the zone of the anti-terrorist operation, the period of arrest - up to 30 days). In this case, a person subjected to administrative arrest may be involved in physical labor;

4) appointed by a judge. No other body, as well as any official, has the right to impose administrative arrest.

Administrative arrest can be combined with one of the additional types of administrative punishment (see commentary on this to Article 3.3).

2. Applying the rules of Part 2 of Art. 3.9, it is necessary to pay attention to a number of important circumstances:

1) administrative arrest is assigned only in exceptional cases. For example, for:

a) violation of the requirements of the legal regime of a state of emergency (except for violation of curfew rules) - up to 30 days (see commentary to Article 20.5);

b) organizing or holding unauthorized meetings, rallies, demonstrations, processions or picketing under the circumstances specified in Part 3 of Art. 20.2 (see commentary to it) - up to 15 days;

c) disobedience to a lawful order of a police officer, military serviceman, employee of the penal system - up to 15 days (see commentary to Article 19.3), etc.;

2) administrative arrest cannot be imposed in accordance with the laws of the constituent entities of the Russian Federation: it is assigned exclusively by the norms of the Special Part of the Code of Administrative Offenses (the conclusion is based on the systematic interpretation of part 2 of the commented article and part 3 of article 3.2, see commentary to it);

3) in any case, administrative arrest is not imposed:

a) pregnant women (we are talking about the fact that pregnancy occurs precisely at the moment the punishment is imposed);

b) women with children under 14 years of age. We are talking about women who:

- are mothers of children under 14 years of age inclusive;

— raise such children (for example, those left without a mother, as a guardian);

c) persons who have not reached (at the time of sentencing) the age of 18 years;

d) disabled people of groups I and II;

e) military personnel, citizens called up for military training, employees of the Ministry of Internal Affairs, institutions of the penal system, and the State Fire Service with special ranks; State Drug Control Service, customs authorities (this provision was introduced in Article 3.9 by Law No. 203 of 12/04/06 and came into force on 01/01/07).

3. In accordance with the rules of Part 3 of Art. 3.9:

1) administrative arrest should be distinguished from administrative detention. The latter is a short-term restriction of freedom, applied in exceptional cases in order to ensure timely and correct consideration of a case of an administrative offense or to execute a decision in a case of an administrative offense. Administrative detention has the right to be carried out by the bodies and officials specified in Art. 27.3 (see commentary to it);

2) the period of administrative detention (no more than 3, and in the cases specified in Article 27.5 - no more than 48 hours) is included in the period of administrative arrest (see commentary to Article 27.5).

4. The Supreme Court drew attention (in paragraph 23 of Post. No. 5) to the fact that:

1) arrest can be imposed only in exceptional cases when, taking into account the nature of the act and the personality of the offender, the use of other types of punishment will not ensure the implementation of the objectives of administrative responsibility;

2) when ordering an arrest, the judge must check the presence of all the circumstances specified in Part 2 of Art. 3.9;

3) the judge should indicate (in the decision on the appointment of administrative arrest) the moment from which the period of arrest is to be calculated. In this case, it is necessary to keep in mind Part 4 of Art. 27.5, according to which the period of administrative detention is calculated from the moment of delivery in accordance with Art. 27.2, and for a person in a state of intoxication - from the time of his sobering up.