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Consultant # 1106
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Ukraine / Rivne
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Publication date: 25.04.2024
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Publication date: 25.04.2024
- Administrative detention is one of the forms of influence by law enforcement agencies on individuals suspected of committing administrative offenses. This type of detention has its own characteristics defined by the legislation of Ukraine, including the Code of Ukraine on Administrative Offenses, other laws, and international conventions, notably the European Convention on Human Rights. In this article, we will examine the main aspects of administrative detention and the rights of detained persons in accordance with current legislation and international standards.
- Purpose of Administrative Detention
- In situations defined by Ukrainian legislation, administrative detention is used to stop administrative offenses when other measures of influence are no longer effective, to establish the identity of the individual, to draw up a protocol on the administrative offense in case it cannot be done at the scene, if necessary, and to ensure timely and proper consideration of cases and implementation of decisions.
- Procedure for Administrative Detention
- The procedure for administrative detention involves drafting a protocol containing mandatory information about the event. The protocol records the date and place of its drafting, the position, surname, first name, and patronymic of the official who drafted the protocol, as well as information about the detained person and the circumstances of their detention. The protocol is signed by the official who drafted it and by the detainee. The latter has the right to familiarize themselves with the protocol, write their objections to the content of the protocol, or refuse to sign the protocol, which is then recorded accordingly.
- The official conducting the administrative detention is obliged to:
- 1. Notify the relatives of the person about the fact of detention and the location of the detainee.
- 2. Notify the center for providing free secondary legal aid about the case of administrative detention in case the detainee does not engage a defense attorney independently or if the person defends themselves.
- The requirement of the law to engage a defense attorney for the detained person ensures the possibility of providing qualified legal assistance to the detainee and compliance with their rights during the process of considering the case of an administrative offense.
- Authorities (Officials) Authorized to Conduct Administrative Detention
- Administrative detention of an individual may only be carried out by authorities (officials) authorized to do so by the laws of Ukraine and only in specified cases determined by law.
- Administrative detention may be conducted by:
- 1. Internal Affairs agencies (National Police).
- 2. Border Guard Service agencies.
- 3. Officials of the military security of a protected object.
- 4. Officials of the Military Law Enforcement Service in the Armed Forces of Ukraine.
- 5. Security Service of Ukraine agencies.
- 6.Officials of institutions and establishments for the execution of punishments and investigative isolators.
- 7.Officials of migration service agencies.
- Terms of administrative detention
- Administrative detention of individuals who have committed administrative offenses can last up to three hours. In certain cases, such as violations of border crossing rules or rules regarding the circulation of narcotics or psychotropic substances, this period can be extended to three days. Such detentions are carried out for the purpose of drafting a protocol and establishing the identity of the offender. The prosecutor must be notified in writing within 24 hours of the detention of a person for up to three days.
- Rights of the Detained Person
- According to the European Convention on Human Rights, every person has a number of rights in case of detention or arrest. These rights are guaranteed to protect the personal freedom and dignity of every individual, regardless of their status or circumstances. The main rights of a detained person include:
- 1. Right to Appeal (Article 5, Paragraph 4): The detained person has the right to effective legal protection and can challenge the legality of their detention before a competent court or other authority.
- 2. Right to Information (Article 5, Paragraph 2): The detained person has the right to be informed of the reasons for their detention and their rights in a language they understand. They also have the right to immediate notification of their detention to their relatives or other contact persons.
- 3. Right to Medical Assistance (Article 3): The detained person has the right to medical assistance if needed. This includes access to medical care and treatment necessary for their health and well-being.
- 4. ight to Legal Counsel (Article 6): The detained person has the right to access a lawyer and consult with them if necessary to defend their rights and interests. The lawyer may be present during any interrogations or other procedures related to the detention.
- 5. Right to a Fair Judicial Process (Article 6): The detained person has the right to a fair judicial process in accordance with established norms and procedures. This includes the right to have their case heard in an objective and independent court and the right to be present at court hearings.
- 6. Prohibition of Torture and Inhuman or Degrading Treatment (Article 3): According to the European Convention on Human Rights, any torture or inhuman or degrading treatment of detained persons is prohibited and subject to appropriate sanctions.
- These rights, as defined in the European Convention on Human Rights, are inherent to every detained person and must be observed by law enforcement agencies during any actions related to detention or arrest. This ensures the protection of the rights and dignity of every individual, regardless of the circumstances.
- Conclusion
- Administrative detention is an important tool for law enforcement agencies to enforce the law and maintain public order. However, during detention, it is necessary to adhere to the rights and freedoms of individuals guaranteed by both domestic legislation and international standards. Ensuring these rights is an important element of a democratic society and the rule of law.
- The "Consultant" legal service provides legal assistance during administrative detention. Our lawyers will conduct a legal analysis of the situation, prepare a legal opinion, lawyer's opinion, gather necessary evidence for the case, if necessary, prepare a lawyer's request, obtain the necessary information or evidence on the submitted lawyer's request, and provide legal support for the consideration of the case in court.
