In Kiev, the police began to search passers-by, referring to the fact that they were looking for someone. About it told Delo.ua correspondent Dmitry Bunetskiy on his Facebook page.
According to him, they tried to search him at the Lukyanovskaya metro station. Bunetskiy noted that the policeman was alone and did not introduce himself.
“The patrolman who tried to do this said that I” look like a suspicious person, because I am in a hurry and do not want to be searched without witnesses, “he said, adding that the law enforcement officer motivated his actions by the fact that what something personalities.
The policeman also insisted that the man’s rush looked suspicious and suggested that he go to some room for a search. Due to the fact that Dmitry was really late for the meeting, he agreed to be examined on the spot without witnesses.
“As a result, we stepped aside, I took everything out of my pockets at his request, then opened my backpack. When he took out his pockets, the cop told me: get everything big so that there is no big one. The policeman tried to grab my passport with his hands, but I said that I’ll show it in my hands. Then I asked to show what was behind the cover of the passport, there was nothing there. I still didn’t understand whether they were looking for large things or small ones, “Bunetskiy told us.
As a result of the inspection, the policeman found nothing and released Dmitry.
According to lawyers, law enforcement officers have the right to a superficial examination of persons who seem suspicious to them, however, in case of violations in the examination procedure, any citizen can challenge such actions in court.
“People often confuse a search and an external examination, but there are quite serious differences between such actions. For example, as part of an external examination, a law enforcement officer who introduced himself and showed his ID at the request of a citizen has the right – they have such authority – to ask to show what is in pockets or in a bag, “a practicing lawyer and attorney told Delo.ua Ivan Liberman.
However, he adds that if the law enforcement officer behaves as in the case described above and does not provide legal assistance or conducts not an inspection, but a search, then the relevant documents must be drawn up, and the detainee can challenge these actions in court.
Lieberman also draws attention to an important detail that many overlook: “Few in Ukraine know that if a citizen stops at a verbal demand from a law enforcement officer, this is called meeting the demands of a law enforcement officer and detaining a person through submission. From that moment, despite consent or not the consent of a person, if he is not even with his hands, but with words, he is considered detained. “
According to the lawyer, this means that the place and time of detention, its reasons must be recorded. At the same time, the legislation in Ukraine does not clearly regulate and does not separate the detention of a person through submission and ordinary detention, but still the courts interpret such detention as factual, since the person was actually detained through submission.
“The question is whether a simple verbal request from a police officer is considered mandatory for the command, and if it is, then people are considered detained,” Lieberman comments.
He emphasizes that in Ukraine a detained person has the right to the arrival of his lawyer, to free legal assistance, as well as other rights and obligations clearly defined by law.
“Unfortunately, people do not know this. They are told” stop, come here “, but they have no idea that from this moment they are considered legally detained through subordination. Therefore, they have the right and can successfully challenge any actions of the police in court, for this you don’t even need to have protocols on hand, “says the lawyer.
According to him, subsequently the court will decide for itself whether it is a disciplinary proceeding, an administrative or criminal violation on the part of law enforcement officers.