Delivery is a measure prescribed in the Code of Administrative Offenses. There are separate cases provided for by law when it is mandatory. In fact, this is a compulsory forwarding of an individual in order to record a committed administrative offense. In some cases, not only a specific person can be escorted, but also a ship, any instrument for committing an offense.
Delivery Terms
Delivery is a measure that applies only if certain conditions exist. So, it can be applied if it is not possible to draw up an administrative protocol for all reasons for any reason.
The second condition that must be met in order for the forcible transfer of an individual to be recognized as legal is the mandatory compilation of a protocol for this offense.
Who can deliver?
Delivery is a procedure that only certain officials can carry out. Firstly, they are police officers. Delivery to the police is carried out upon detection of malicious administrative violations, cases in which should be examined by specialists, most often justices of the peace.
Secondly, delivery is the prerogative of military personnel and employees of executive authorities at various levels, for example, the troops of the national guard. Representatives of private security, paramilitary and watch units are equated to them.
If the employees of these departments find violations of administrative law, for example, related to damage to the object that is being guarded, or penetration into the protected territory, in this case the offender is taken to the police station to draw up a protocol on the administrative offense.
The third category includes representatives of the national guard forces.
Transport Disorders
Separately registered are the categories of persons who can carry out the delivery of violators for transport offenses. Firstly, these are officials who are entrusted with strict supervision of compliance with the rules of conduct and use of a particular type of transport.
Secondly, these are officials representing the military automobile inspection. They are obliged to record violations of the rules on the road with army vehicles, cars and equipment of the national guard, other military units and formations.
Also, in accordance with Art. 27.2 of the Code of Administrative Offenses of the Russian Federation, it is allowed to deliver a citizen to the police department or other other office premises to officials who are on duty and who carry out environmental supervision in state reserves, national parks that supervise the reproduction, legal and rational use of living world objects.
These services and structures include forest protection, control over the fishing industry and the preservation of aquatic biological resources. When violations are identified in these areas, they can also deliver citizens to the police department or other office premises for further procedural procedures.
Border guard
Border guards, as well as all other persons whose direct official or official duties include state border protection, have the authority to bring offenders and draw up a protocol on an administrative offense .
They are obliged to promptly identify and suppress any administrative and other offenses related to the protection and protection of the state border.
This measure also applies to violators who were noticed during the protection of inland waters, in territorial seas, as well as on the continental shelf, or in a special economic zone controlled by Russia. In addition to the police department, such violators can be delivered to the premises of a military unit located in the nearest port.
Also delivered are not only the violators themselves, but also the ships, ships and other tools and objects that could be used to commit an administrative offense. As a rule, these are nets and similar fishing gear, the use of which is prohibited or limited in these territories. Such ships and guns escort to the port. If it is a foreign ship, then the port should be open for the entry of foreign ships.
Customs violations
The delivery of the person who committed the offense is also provided for by customs officers. If a violation of the customs rules of such an entity is detected, they will be forwarded to the office building belonging to the Russian customs department. This provision is spelled out in the Code of Administrative Offenses.
A similar procedure is provided for customs structures that detect violations in inland waters or territorial seas. Ships and other offenses are also forwarded.
Disobedience
In the Code of Administrative Offenses, delivery is also provided for in cases falling under Articles 19.3 and 19.12 of the relevant code. In this case, this is disobedience to the lawful and justified demand of a police officer or any other representative of law enforcement agencies, law enforcement agencies. In the second case - the transfer or even an attempt to transfer unauthorized items to citizens in custody or in custody.
In both cases, the offender is taken to the police department or the penitentiary institution.
In the Code of Administrative Offenses, forcible delivery is also carried out by law enforcement officials who conduct special counter-terrorism operations.
Delivery by bailiffs
Bailiffs may also apply this administrative measure in cases of violation of the delivery deadlines for the court notice to the addressee , failure to comply with orders of the judge or representatives of the bailiff service, hindering the legitimate activities of an official executing a court decision or ensuring the court operates in the prescribed manner.
Also, a person convicted of knowingly false testimony, violating the enforcement proceedings or not fulfilling the requirements of a non-property nature contained in the writ of execution may deliver to the police or the office premises of the court.
A separate clause prescribes permission to deliver a citizen to the police if he does not comply with the legal requirements of any representative of law enforcement agencies in the field of migration law or violates the requirements of the access regime for a guarded facility.
Delivery Lock
The fact of delivery is mandatory recorded by law enforcement officers or law enforcement agencies that carry out this procedure.
This is recorded in the protocol. Its copy is handed to the violator.
Also, delivery must be carried out as soon as possible. If any of these requirements has been violated, a citizen may claim a violation of his rights.
The difference between delivery and detention
Delivery and detention are two procedures that may seem very similar to each other. But at the same time, there is a fundamental difference between them, firstly, from a legal point of view.
If the delivery is carried out solely in order to draw up a protocol of the offense in some departmental institution, then detention, even administrative, is a short-term compulsory restriction of freedom. It is used in exceptional cases when it is necessary for the timely and prompt consideration of an administrative case, the execution of proceedings on it.
A citizen who has committed an administrative offense may be detained for a period not exceeding three hours. This period starts from the moment of delivery of the offender, and for drunken offenders - from the moment of sobering up.
Upon administrative detention, a detailed protocol must also be drawn up. It must indicate the date and place of its compilation, the name and position of the person who issued the detention, information about the citizen who is being detained, as well as the reasons for the detention.
A citizen, in respect of whom administrative detention was taken, must be aware of his rights and obligations, and must also sign a protocol. If he refuses to do this, a corresponding entry in the protocol is left about this.
It is always worth remembering that the detainee (even for a very short time) has the right to demand to inform his relatives and friends of his whereabouts or to inform his employer, educational institution, and also to call a lawyer.
If a minor is detained, then his parents or legal representatives must be notified in a timely manner.
Personal inspection
It is worth noting that even administrative detention, as a rule, is accompanied by personal search. Therefore, it is important to know how it should be carried out, what rights the detainee has.
The search should be carried out by a person of the same sex with the detainee, as well as in the presence of two witnesses of the same sex. Screening without witnesses can only be carried out in exceptional cases, when law enforcement officers have reason to believe that the detainee may have weapons or things with him that could harm the life and health of others.
A police officer right at the place of detention can conduct a search of a citizen, if there is an orientation indicating the person who committed a crime. If a citizen does not have documents confirming his identity, his detention will also be rightfully regarded.