Is checking documents outside a stationary traffic police post allowed?

Document verification: duties and rights of a citizen

“Citizen, show your documents” - this phrase, popular in Soviet films, can often be heard in real life. Let's try to figure out in what cases a police officer has the right to check documents and what rights an ordinary citizen has.

Just like that, without any reason, police officers do not have the right to check the documents of passers-by.

The whole question is: what is such a basis?

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Grounds for checking documents by a police officer

The grounds for checking documents are regulated in detail by law and, above all, by the Federal Law “On the Police”.

According to clause 2, part 1, art. 13 of this Law, a police officer has the right to check citizens’ identity documents in the following cases:

1. there is evidence giving grounds to suspect them of committing a crime;
2. there is information giving reason to believe that they are wanted;
3. there is a reason to initiate administrative proceedings against these citizens;
4. there are grounds for their detention in accordance with Art. 27.3 Code of Administrative Offenses of the Russian Federation or Art. 91 Code of Criminal Procedure of the Russian Federation.

It must be recognized that in Russia, as indeed in any other country in the world, at any given moment in time a large number of people are wanted in connection with a crime committed.

Therefore, the citizen’s supposed similarity in appearance with the wanted person turns into a kind of universal “master key” for checking documents.

Thus, the Law “On Police” gives police officers the right to check a person’s documents in almost any situation.

Fine for disobeying a police officer

At the same time, the legal requirements of serving police officers are mandatory.

Disobedience to a lawful order or requirement of a police officer in connection with the performance of their duties to protect public order and ensure public safety entails, in accordance with Part 1 of Art. 19.3 of the Code of Administrative Offenses of the Russian Federation, entails the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for up to fifteen days.

Subsequently, if desired, the legality of such demands can be challenged, but the chances that Themis will be on your side, frankly speaking, are small.

According to the Requirements for ensuring transport security..., approved by GD No. 1641 of October 8, 2021 or GD No. 1633 of October 8, 2021.

5. For the purposes of OHS, the STI is obliged to develop:

the procedure for reconciliation and (or) verification of documents that are the legal basis for the passage (travel) of individuals and the movement of material and technical objects in the ZTB or part of it or at the control center of the facility.

According to the Rules for conducting inspections, additional inspections and repeated inspections in order to ensure transport security, approved by Pr. MT No. 227 dated July 23, 2015.

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55. In order to carry out reconciliation and (or) verification of documents during D, DD and PD, safety technical means may be used.

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Reconciliation and (or) verification is carried out:

• employees;
• using technical safety equipment.

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11. During D, DD and PD, N and S, measures are taken to identify persons who do not have legal grounds for passage (travel) and (or) movement into the OTI and (or) vehicle or part thereof.

12. During D, DD and PD, observation and interviews in cases established by the Requirements, OTI (TS) OHS plans, in accordance with the Rules for conducting D, DD and PD, the following are carried out:

• reconciliation of documents - identification of identity using identity documents and (or) verification of passes and (or) other documents related to the objects of inspection;
• document verification - checking with samples and information in transportation documents.

The goals of the activities are to identify:

• persons who do not have legal grounds for passage (travel) to the ZTB or part thereof;
• grounds for moving material objects to the ZTB or part thereof.

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74. Based on the results of reconciliation and (or) verification of documents, N, S with individuals, employees carrying out N and S make a conclusion about the possibility of connecting these individuals with the commission or preparation for the commission of ANV in relation to OTI and (or) vehicles.

75. The connection of individuals with the commission or preparation for the commission of ADV in relation to OTI and (or) vehicles is established upon confirmation and (or) identification during the verification of documents, N, S with individuals of signs of connection of these individuals with the commission of ADV or preparation for committing ANV.

76. If signs of connection between individuals and preparations for committing ANV are identified, it is carried out with the following individuals:

• additional verification of documents;
• observation;
• interview.

The goal is to confirm or refute the identified signs, as well as to identify possible signs of connection between individuals and the commission of ADV.

In case of confirmation of signs of connection of individuals with preparations for committing ADV, information about such persons, including a list and description of identified signs, identifying, transportation data, information about contacts of such persons, is immediately provided to:

• persons responsible for the OTB OTI or TS or, specially authorized by the STI, the carrier to persons from among the OTI OTI or TS OTB forces;
• for information:

1. authorized units of territorial bodies of the Ministry of Internal Affairs of Russia, FSB of Russia;
2. Roszheldora;
3. Rostransnadzor.

77. If signs of connection of individuals with the commission of ADV are identified, the following is carried out with such individuals to identify the identified signs:

• verification of documents;
• observation;
• interview.

In case of identification of signs of connection of individuals with the commission of ADV, information about such persons, including a list and description of the identified signs, is immediately provided to:

• persons responsible for the safety of OTI or vehicles or, specially authorized by STI, the carrier to persons from among the transport security forces of OTI or vehicles;
• for information:

1. authorized units of territorial bodies of the Ministry of Internal Affairs of Russia, FSB of Russia;
2. Roszheldora;
3. Rostransnadzor.

In cases established by OTI OTI or TC plans, in relation to individuals who have been identified with signs of connection with the commission of ADV, the following may be carried out (in relation to these persons):

• additional observation;
• surveillance in areas adjacent to the OTI or vehicle.

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Additional Information.

General distinctive features of objects of surveillance, taken into account in order to identify preparation for committing ANV or committing ANV in relation to OTI.

Psycho-emotional state (including signs of alcohol and drug intoxication):

• degree of excitement or depression (inhibition); increased temperament (hyperactivity and over-emotionality); being under constant psycho-emotional stress;
• excessive tension (nervousness);
• manifestation of anxiety and anxiety;
• extreme composure;
• emotional coldness (negative emotions towards others);
• anxiety state (increased feelings of anxiety, suspicion and mistrust of the people around them, especially with unexpected contacts with people;
• emotionally unstable state, lack of positive emotions.

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Behavior, reactions (body movements, gestures, facial expressions, etc.):

• inappropriate behavior;
• contacts with other people are absent or random;
• high self-control;
• in case of accidental contact with people, short temper, aggressiveness, suspicious attitude towards others;
• an increase in the state of emotional tension and hostility when an “obstacle” arises (grinding of teeth, constricted pupils of the eyes, rapid breathing, clenched fists);
• fussiness, looking around, frequent changes of posture, nervous fiddling with a piece of clothing, the handle or strap of a bag (package, backpack);
• indifference to people around you and to current events;
• avoiding eye contact;
• muffled voice, slow speech;
• observing other people's actions before moving forward;
• misunderstanding of “humor”, etc.;
• delay (paying) attention to the locations of video surveillance, alarm and access control equipment (evading them into the supposed “dead” zone); evades CCTV cameras (lowers his head, turns away while moving, covers his face with his hands or other obstructing object, hides his appearance in the video detection zone behind a taller individual);
• unreasonable “curiosity” towards devices, mechanisms, property that support technological processes at OTI;
• quickly “screws himself” into various groups of people, trying to show his belonging to a certain group of individuals at the facility;
• treats things he carries with caution, holds them close to himself and periodically involuntarily feels them;
• can “mumble, whisper” without an interlocutor;
• performs a religious ceremony (prayers), utters curses or threats against others, OTI workers or police officers for no apparent reason;
• long-term stay at an object (structural element, one place).

Appearance:

• an indifferent (soulless, lifeless) face and a cold look (sullen and threatening look, tightly compressed lips); monotonous movements; gestures are inexpressive;
• change in complexion (whitening, redness, spots); protrusion of sweat; frequent blinking, coughing;
• twitching of individual facial muscles; increased facial expressions of the mouth; frequent licking of lips or swallowing saliva;
• the voice is often high-pitched, speech is fast or intermittent; Vocal spasms may occur.

Things and objects:

• discrepancy between the things and objects located at the object of observation and its appearance and behavior;
• leaving hand luggage, other items and belongings unattended, or, on the contrary, carefully protecting them, pressing them to the body, frequently feeling them;
• to activate the device, a wire can be used, clamped in the hand, or visible from under the folds of clothing (sleeves);
• has a bag or backpack with him and one hand can be constantly in the bag, a book in Arabic, an inexpensive mobile phone, which he is not confident in using.

Cloth:

• women wear long dresses or skirts, sleeves up to the wrist, and can wrap pregnancy scarves around their hips to hide the thickening under clothing;
• clothes that don’t fit (too big, disturbing the proportions of the body);
• clothes with voluminous pockets that completely hide the hands;
• clothing may not be suitable for the weather, which makes it possible to hide an explosive device on the body; in warm enough weather the terrorist may wear a coat or jacket;
• inappropriate clothing (season, weather, size, hiding parts of the body, shapeless, deliberately absurd cut).​

What does a citizen need to know when he is asked to present documents?

The actions of a police officer and the procedure for contacting a citizen are determined by Part 4 of Art. 5 of the Law “On the Police”, according to which a police officer is obliged to state his position, rank, surname, present his official identification at the request of a citizen, and then state the reason and purpose of the appeal.

In other words, a police officer must politely stop a citizen, introduce himself, and only then state the essence of the requirements, indicating the reason for the appeal. At the request of a citizen, a police officer is obliged to present his official identification.

The citizen, in turn, is obliged to present an identification document to the police officer for review. Moreover, he can do this without letting go of the document from his hands.

What identification document can I present?

The main identification document is a passport of a citizen of the Russian Federation.

However, in a number of cases, identification is also allowed using other documents, which, in particular, include:

• military ID for military personnel;
• certificate of the established form for persons serving a sentence;
• temporary certificate issued during the period of registration of a passport, etc.

As a rule, for identification, a citizen only needs to have a photocopy of the specified document.

We will prepare an application to the court to declare the actions of the police officers unlawful

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It is hardly advisable to enter into a dispute with a police officer about the legality of a check if all the rules are followed and the reasons are explained.

It is necessary to realize that this event is carried out within the legal framework and is aimed, first of all, at protecting public order and ensuring public safety. In the vast majority of cases, after checking the documents, the citizen is immediately released.

Duties of a police officer

It should be noted that not only citizens, but also police officers are obliged to comply with current legislation.

Accordingly, if a police officer refuses to introduce himself and show identification, but at the same time demands a citizen to present documents, then the latter may legally refuse to comply with this requirement.

If the police officer completed the specified actions and also stated the reason and purpose of the appeal, then you will still have to present your passport. Otherwise, the policeman receives the right on the basis of Part 13 of Art. 13 of the Law “On Police” to deliver the citizen to the police department for identification.

In addition, we should not forget about Part 1 of Art. stated above. 19.3 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for disobedience to a lawful order or demand of a police officer in connection with the performance of their duties to protect public order and ensure public safety.

Grounds for checking documents by the police

Article 13 of the Police Law provides for the rights of police officers, the main of which is to suppress any crime or offense. To prevent illegal actions, police check citizens' documents.

In accordance with Part 2 of Art. 13 of the Law “On Police”, the basis for checking citizens’ documents by police officers is the following available information:

• indicating a person as a suspect in a crime . For example, if a person is pointed out by an injured person, in this case the police are obliged to check the passport and call an investigative and operational group, which includes an investigator on duty. It is he who will make the decision to detain the suspect, to send materials to the court on choosing a preventive measure, etc.
• information about whether a person is wanted : if a person’s appearance is similar to that given in the wanted persons’ identification documents, he will be required to provide an identification document to verify the data.
• there is a reason to initiate a case of an administrative offense provided for by the Code of Administrative Offenses of the Russian Federation. For example, if the police caught citizens drinking alcohol in a public place, in this case such persons may be brought to administrative responsibility under Part 2 of Article 20.20 of the Code of Administrative Offenses of the Russian Federation, where administrative arrest can be applied as a punishment, which is decided by the court . Before making such a decision, police can review the documents and place the person in a cell for administrative detention.
• there are grounds for detention . Police officers, if they catch a person at the scene of an incident or immediately at the moment of committing a crime, can detain him until the circumstances are clarified and the investigative team arrives. For example, if, during a patrol, a district police officer notices how a man is breaking into the window of a residential building located on the ground floor, in such a situation the district police officer has the right to detain him, thereby stopping the crime, and demand his documents.

Is a citizen required to carry a passport with him?

No, I don't have to.

But in the absence of an identification document and in the presence of the grounds set out above, the police officer receives the right to deliver the citizen to the police department for identification.

If for some reason a citizen finds himself without a passport during a document check, he should try to explain what happened and offer another document that helps establish his identity, for example, a driver’s license. However, it should be remembered that a driver’s license does not replace a passport and the decision as to whether it is sufficient to establish identity will be made by the inspector.

If a law-abiding citizen is brought to the department for identification, the period of such detention in accordance with Part 1 of Art. 27.5 of the Code of Administrative Offenses of the Russian Federation should not exceed three hours.

If the police made any violations when checking documents, then citizens have the right to appeal their actions to the prosecutor’s office or the internal security service of the Ministry of Internal Affairs of Russia.

Checking documents should be a measure to ensure the safety of people, and not arbitrariness on the part of police officers.

Author: SHAROV DENIS VASILIEVICH, head of criminal law practice of the Law Firm "Legal Guarantee", lawyer of the Moscow Bar Association, candidate of legal sciences, associate professor

Get advice from lawyer D. V. Sharov.

Actions of police officers when checking citizens' documents

The actions of police officers must not only be justified, but also understandable to citizens. It follows from this that the police officer is obliged to introduce himself, state his last name and position, state the purpose of the appeal and, therefore, the need to check identification documents.

The police officer is not required to show identification, but at the request of the detainee or other persons who have been asked to provide documents, he must unfold the identification and show it. Those police officers who serve in public places (PPSP) have special badges by which they are identified.

If a citizen is detained (for example, before the arrival of the investigative team), then the reasons for the detention must be explained to him.

A police officer has the right to use force, but only in case of resistance to lawful actions. Failure to comply with police requests to stop illegal actions entails administrative or even criminal liability.

For example , according to Art. 19.3 of the Code of Administrative Offenses of the Russian Federation, a citizen for disobedience to a lawful demand of a government representative to stop unlawful behavior may be sentenced to up to 15 days of administrative arrest. If, in connection with the performance of official duties, violence was used against a police officer or a threat of violence was made, the perpetrator will face criminal liability under Art. 318 of the Criminal Code of the Russian Federation.

On the contrary, if a citizen believes that the policeman’s demands against him were not based on the law and there was no need to check documents, he can file a complaint with the prosecutor’s office. An inspection will be carried out, as a result of which the perpetrators, if a clear abuse of official authority is established, may entail disciplinary or even criminal liability in accordance with Art. 286 of the Criminal Code of the Russian Federation.