Publication date: 09.02.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
There are quite frequent cases when drivers encounter such concepts as "surface inspection of a car" and "vehicle inspection" by police officers. In the first case, we will be talking about preventive measures that are taken to protect human rights and freedoms and prevent the commission of offenses. In turn, the review by the legislator is attributed to the set of means of ensuring administrative proceedings, as actions of a coercive nature, carried out by employees of the National Police, which consist of physical or mental influence to stop offenses, ensure consideration of the case, identify the person who committed the illegal act and bring him to justice to responsibility. Since these measures are quite actively used by police officers, it is extremely important to highlight their basis, procedure and features.
Surface inspection: grounds, procedure
Revealing the topic of surface inspection of vehicles, it is worth paying attention to the fact that the legislator emphasizes the visual and superficial features of this preventive measure, thereby limiting the ability of authorized persons to conduct a more detailed and thorough inspection of the car. In any case, a surface inspection is carried out in the presence of the following grounds: there are grounds to believe that there is an offender in the car, or a person whose freedom is illegally restricted; there are reasons to believe that there is a thing in the car, the circulation of which is prohibited or restricted, or if such a thing poses a threat to the life or health of such a person or other persons, as well as in the case when there are reasons to believe that the car is a tool offense, or is located in a place where a criminal offense may be committed and in order to prevent it, there is a need to conduct a cursory inspection. The procedure for carrying out this preventive measure includes a visual inspection, an analysis of the interior, the trunk of the car, and therefore the demands of the police officer to open the trunk lid or the interior door are completely legal. If traces of an offense were detected during a surface inspection, the authorized person, guided by Art. 237 of the Code of Civil Procedure ensures immediate inspection and sealing of confiscated items and their safekeeping. It is worth noting that the legislation does not establish the obligation to involve witnesses or record this preventive measure.
Review in administrative order:
The inspection is carried out only in the case of an administrative offense committed by a person. The purpose of the inspection is not to resolve the issue of detaining a person, because the detention is carried out on the grounds that preceded the inspection. The procedure for conducting this event is recorded in the corresponding protocol, which is signed by the person whose things were inspected and by the police officer. Regarding the peculiarities of the inspection procedure, the vehicle is inspected in the presence of its owner. If the owner is absent, in some cases it is possible to conduct an inspection in his absence, but with the mandatory involvement of two witnesses. If, as a result of the inspection, things were found, which are, for example, instruments of crime, they are subject to removal, and a corresponding protocol is drawn up.
Consultation of a lawyer during the examination:
If there is a situation in which there is a need to apply measures to ensure an administrative offense to the driver of the vehicle, it is highly recommended to consult a lawyer. The lawyer will supervise the inspection, find out its legality, establish the grounds, and provide a legal evaluation. Legal analysis of the situation may also be necessary when challenging the illegal actions of authorized persons. Therefore, the involvement of a lawyer is a certain guarantee that the rights of the driver will not be defiantly violated, and if this was allowed, then the appeal process will be successfully implemented.
