Whether survey and examination one and the same?
How the inspector is right, making the demand to open a luggage carrier? Let’s try to understand this question.
The inspector, having checked all documents: Open a luggage carrier
Driver: Examination of the hardware becomes with attraction understood and protocol drawing up
Inspector: It not examination. It is survey. Therefore understood the protocol are not necessary. Dig out. I will look also at all …
… The driver opens a luggage carrier.
What practically the inspector after verification of documents always asks? Naturally, to open a luggage carrier. The inspector of GAI represents it everything in the form of harmless survey. But, actually, the requirement to open a luggage carrier not lawfully because examination is a measure of administrative providing, and limits the rights of people, it can be carried out only in the presence of observance of the requirements designated in Art. 27.9 of KOAP.
Hardware examination though what look is the inspection of the hardware which is carried out without violation of its constructive integrity, is carried out with a view of detection of tools of commission or subjects of an administrative offence. Respectively, examination of the HARDWARE can be made by employees of traffic police not in any case, but only at commission of an administrative offence or at suspicion of use of this means in the illegal purposes. The suspicion at all this should be reasonable.
Officials of law-enforcement bodies (militia), military personnel of internal troops of the Ministry of Internal Affairs of the Russian Federation, officials of departmental protection or private security at law-enforcement bodies, officials of bodies on whom supervision or control of observance of rules of use by transport, officials military is imposed by a car of inspection, internal troops of the Ministry of Internal Affairs of the Russian Federation, armies of civil defence, technical and road-building military formations, officials of bodies on whom supervision or control of legislation observance in the field of environment protection, military personnel of boundary bodies, other military personnel, officials of law-enforcement bodies, the acting as on protection of State border of the Russian Federation is imposed have the right to carry out examination.
Examination becomes in a neotklonimy order in the presence of 2 understood, also in the presence of the person in which possession there is this hardware. About examination the corresponding protocol is made. Not including that examination can be made not in any case but only at commission of an administrative offence or at suspicion of use of the hardware or the subjects which were in it in the illegal purposes, well and at all this, the suspicion should be reasonable.
So: understood which, by the way, cannot be police officers, in number of 2 people and the protocol. And only at observance of all aspect you should open a luggage carrier. In the same cases when reasonable motives in order that you opened a luggage carrier is not available, the employee of traffic police makes criminal punishable act which consists in excess of official abilities and is subject to responsibility according to Art. 286 of the criminal code of Russian Federation, instead of official – according to Art. 330 of the criminal code of Russian Federation – arbitrariness, after all these actions do powerful harm to the rights and freedoms of the citizen.
And here you, having heard somewhere or having read that the inspector should carry out examination of your car only in the presence of those aspect which were listed above safely declare to it it, and right there in reply receive the latest information for reflexion that the inspector is not going to "rummage" in your car, and that if you will think, will understand that that he will simply look at that fact that lies in your luggage carrier or in salon of the car there is not that another, as hardware survey. And after all and the truth, you solve, the inspector will simply look and doubt in read by you earlier. Addressing to standards of the law it is possible to behold that survey and hardware examination, is two different concepts and the acts, traffic polices carried out by the inspector. Survey it only the survey of the car which is carried out for the purpose of commission of registration actions or technical inspection, being neotklonimy for all hardware, and is understood as examination the actual check of contents of the hardware.
Addressing to the explanatory dictionary it is also possible to behold that "survey" and "examination" absolutely different concepts. Survey – to look at someone, at something from the different parties, to examine, inspect. Simple words survey is when the inspector simply looked at the car or glanced in salon through a window. Examination – verifying survey to see up to the end, to any limit, in other words examination is inspection that is in your car. If the inspector is going to get into your bags, it will be called in any way on another rather than a search. But other sanctions are for this purpose necessary absolutely.
In order that open a luggage carrier the inspector can to ask to leave you the car. To do this requirement – a request you should not, as your duty is in this situation executed – you provided the car for examination, in other words, in no way did not interfere in performance by the police officer of own abilities. To a word speaking, the same concerns also verification of numbers of knots and units – all that the driver should make it to get to the lever and to open a cowl. All other acts including rubbing of number of the motor and a body it is a prerogative of the inspector.
So, you opened a luggage carrier and salon of own car for carrying out examination. As it was told above, examination should be carried out only in the presence of 2 understood, and only postoroniy persons, instead of employees of militia. At all this in the code there is an exception avtoindent.ru concerning carrying out examination in the presence of the understood. In the presence of the sufficient bases to consider that at the individual there is a tool or other subjects used as the tool, personal inspection, examination of the things being at the individual, can be carried out without the understood.
But, first, before allowing to open to the inspector a luggage carrier nevertheless it is necessary to learn about legitimacy and need of carrying out examination. You can make a call to a call centre and be convinced of, whether really the employee of traffic police participates in carrying out any action about which it to you reports and on what basis examination directly your hardware will be carried out.
To bolshenny chagrin, quite often driver, knowing the rights and duties of the police officer, nevertheless without wishing to get into dispute with the inspector of traffic police opens a luggage carrier. To what it can lead:
А) Remember the film "Bumer"? In it the scene about car examination after which "grass" was found in a luggage carrier is shown. And so it is absolutely possible option of succession of events.
Б) The second пт should note an arbitrariness. It is necessary to fight with an arbitrariness of traffic police. At least, not so much with an arbitrariness in global understanding, how many with an arbitrariness directed on infringement of specifically your rights. Having agreed to fulfil one illegal requirement of the police officer you simply will show that you can attribute any violations, even what you did not make. Why to give to the inspector a superfluous occasion?