PROLEX often receives e-mail requests asking how to behave during administrative detention/arrest.
In accordance with the current legislation, administrative detention is used to prevent illegal activities, establish identity, draw up a protocol on an administrative offense, and execute an administrative penalty in the form of administrative arrest or deportation.
Important:
- adult members of the detainee’s family, close relatives, defense counsel, and employer must be notified of the detainee’s location within 3 (three) hours.
- foreign citizens or stateless persons should be informed without delay, in a language they understand, of the reasons for their detention and the rights they have;
- administrative detention of an individual may be carried out by officials of the internal affairs bodies, the Border Guard Service, the military automobile inspectorate, customs authorities, state security agencies, financial investigation agencies, and the State Inspectorate for the Protection of Wildlife. Detention may last no more than 3 (three) hours, unless otherwise provided by law;
- a protocol on administrative detention must be drawn up, and the detainee is explained the right to invite a defense lawyer, and a copy of the protocol is handed to the detainee at his request;
- a personal search of a detainee is conducted by a person of the same sex as the detainee, with the participation of two witnesses of the same sex;
- a report on the personal search of a detainee is drawn up or a corresponding entry is made in the protocol on an administrative offense or in the protocol of administrative detention of an individual;
- on the seizure of things, objects, property, income and documents, a protocol is also drawn up or a corresponding entry is made in the protocol on an administrative offense, in the protocol of inspection, in the protocol on a personal search or in the protocol of administrative detention of an individual.
We will introduce you to the procedure for conducting an administrative process and the nuances of drawing up an administrative protocol in our next publications.
You can also contact the PROLEX office directly.
