Most often, passers-by are stopped for document checks by officers of the patrol and post service (PPS). According to clause 93 of the PPS Charter, a police officer "must be polite and tactful with citizens in all conditions, address them as "you", and state his demands and remarks in a convincing and understandable way. He must not allow arguments or actions that insult the honor and dignity of citizens. When addressing a citizen, the patrol (post) officer must greet him, touching his headdress, state his position, rank and surname, and then briefly explain the reason and purpose of the address."
In addition, a police officer who has taken up a guard post or is patrolling his area must have a numbered badge attached to his clothing with a personal number and an indication of the unit to which he belongs.
According to part 2 of Article 100 of the Charter of the patrol and post service, a police officer has the right to check identity documents of citizens and officials, provided that there are sufficient grounds to suspect them of committing a crime or an administrative offense. From this norm it follows that police officers may check documents only directly during the period of their performance of their duties.
The same applies to other special police units, in particular employees of the Department of Internal Affairs for the protection of the metro, workers of the criminal police service and the public security police. This right is prescribed in Article 11, part 2 of the RF Law "On Police". With the single amendment that all these units have the right to check documents during various special operations and raids. Outside working hours, they do not have such a right.
The situation regarding "sufficient grounds" for suspecting anyone of committing a crime or an administrative offense, unfortunately, is not unambiguously defined for citizens. This is because none of the regulatory documents clearly specifies what exactly constitutes a "sufficient basis". Obviously, the "sufficiency" of grounds can be determined by analogy with another part of the same Article 100 of the Charter of the patrol and post service. It gives a police officer the right to deliver to the station persons suspected of committing a crime, if one of three grounds exists: when a person is caught while committing a crime or immediately after committing it; when eyewitnesses or victims directly point to that person as having committed the crime; when obvious traces of the crime are found on the suspect or his clothing, on him or in his home. Under other circumstances and suspicions, a person is delivered to the police, and accordingly, subjected to a document check only in the event of an attempt to escape.
Identity documents of a citizen primarily include documents issued by official bodies and institutions and having degrees of protection against forgery: civil passport, foreign passport, driver's license, military ID, service ID issued by state and municipal bodies and institutions. In addition, such documents include student ID cards, grade books and work record books, pension and veteran certificates, certificates of enterprises, firms and organizations, but the latter must have full information about their name, contain the exact address and telephone numbers.
On the spot, that is, without conducting an administrative detention and delivery to the station, a police officer can only ask you to present for inspection your personal belongings in your pockets, the contents of briefcases and bags, without touching them with his hands.
They can take you to the police station for a search only if you have no identity documents with you, or the submitted document is expired, contains obvious signs of forgery, or the passport lacks mandatory registration records, the photograph has come unstuck, or there are extraneous entries not provided for by the rules. In this case, a police officer has the right to detain a citizen and take him to the police station for no more than three hours to establish identity. The detention time is calculated from the moment of arrival at the police station.
During administrative detention, a personal search may be conducted (Article 27.7 of the Code of Administrative Offenses of the Russian Federation). In this case, the search must be carried out only by certain persons, and of the same sex as the detainee; with the participation of two attesting witnesses from among persons not interested in the outcome of the case; the room in which the search is conducted must meet sanitary and hygienic requirements; the safety and health of the person being searched must be ensured during the personal search; the search must be preceded by offers to present documents, instruments of the offense, etc. During detention, personal search and search of belongings, officials may seize documents and things, but not any, but those that are the instrument or direct object of the offense (Article 27.10 of the Code of Administrative Offenses of the Russian Federation). In this case, a protocol is drawn up or an appropriate entry is made in the protocols on administrative offense, on the search of belongings, or on administrative detention.
If you believe that police officers have violated your rights, you can file a complaint with the Department of Internal Security (DIS), which investigates official crimes among police officers. Tel. DIS of the Moscow City Internal Affairs Directorate: (095) 200-98-66, 200-85-48; tel. DIS of the RF Ministry of Internal Affairs: (095) 200-47-03, 200-26-17.
Citizens of Ukraine, if such incidents occur, must urgently inform their consular office. Consulate of Ukraine in the Russian Federation: Moscow, Stanislavskogo St., 18; tel: (095) 229-28-04.
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