ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of March 2, 2009 No. 185

About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation of execution of the state function on control and supervision of observance by participants of traffic of requirements in the field of traffic safety control

For the purpose of enhancement of activities of law-enforcement bodies in the field of control and supervision of observance by participants of traffic of requirements in the field of safety control of traffic I order:

1. Approve and enact since September 1, 2009 the enclosed Administrative regulations of the Ministry of Internal Affairs of the Russian Federation of execution of the state function on control and supervision of observance by participants of traffic of requirements in the field of traffic safety control (1).

--------------------------------

(1) Further - "Administrative regulations".

2. Ceased to be valid according to the Order of the Ministry of Internal Affairs of the Russian Federation of 03.10.2014 No. 857.

3. Ceased to be valid according to the Order of the Ministry of Internal Affairs of the Russian Federation of 03.10.2014 No. 857.

3.1. To heads of the Center of special purpose in the field of safety control of traffic of the Ministry of Internal Affairs of Russia, territorial authorities of the Ministry of Internal Affairs of Russia at the regional level to take measures for production of the forms of documentation provided by Administrative regulations and to equipment of front divisions of traffic police of the State traffic inspectorate by them, district police officers.

4. I reserve control over the implementation of this Order.

 

Appendix

to the Order of the Ministry of Internal Affairs of the Russian Federation of March 2, 2009 No. 185

Administrative regulations of the Ministry of Internal Affairs of the Russian Federation execution of the state function on control and supervision of observance by participants of traffic of requirements in the field of traffic safety control

--------------------------------

(1) Further - "Administrative regulations".

I. General provisions

1. Administrative regulations of the Ministry of Internal Affairs of the Russian Federation execution of the state function on control and supervision of observance by participants of traffic of requirements in the field of traffic safety control (1) the operations procedure of staff of the law-enforcement bodies connected with realization of the specified state function determines (2).

--------------------------------

(1) Further - "the state function".

(2) Execution of the state function is determined by the obligations assigned to police according to Item 19 of part 1 of article 12 of the Federal Law of February 7, 2011 No. 3-FZ "About police".

The regulatory legal acts regulating execution of the state function

2. Execution of the state function is performed according to the Constitution of the Russian Federation; Russian Federation Code of Administrative Offences (1), Code of penal procedure of the Russian Federation (2); The Federal Law of February 7, 2011 No. 3-FZ "About police" <2>; The Federal Laws of December 10, 1995 No. 196-FZ "About traffic safety" (4), of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" (5), of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (6); Presidential decrees of the Russian Federation of June 15, 1998 No. 711 "About additional safety precautions of traffic" (7), of March 1, 2011 No. 48 "Questions of the Ministry of Internal Affairs of the Russian Federation" (8); the order of the President of the Russian Federation of August 9, 1994 No. 429-rp (9); the resolution of Council of Ministers - the Governments of the Russian Federation of October 23, 1993 No. 1090 "About Traffic regulations" <9>; orders of the Government of the Russian Federation of June 29, 1995 No. 647 "About approval of Rules of accounting of the road accidents" (11), of June 26, 2008 No. 475 "About approval of Rules of survey of person which manages the vehicle, on alcohol intoxication and registrations of its results, the directions of the specified person on medical examination on state of intoxication, medical examination of this person on state of intoxication and registrations of its results and Rules of determination of availability of drugs or psychotropic substances in human body when performing medical examination on state of intoxication of person which manages the vehicle" (12), of December 30, 2003 No. 794 "About Universal State System of Prevention and Response to ES" (14); Orders of the Ministry of Internal Affairs of Russia of August 1, 2002 No. 720 "About implementation of the Order of the Government of the Russian Federation of June 28, 2002 No. 472" (15), of September 16, 2002 г.№900 "About measures for enhancement of activities of district militia officers" (16), of May 5, 2012 No. 403 "About powers of service employees of the Ministry of Internal Affairs of Russia on creation of protocols on cases on administrative offenses and administrative detention (18), of August 4, 2008 No. 676 "About approval of forms of the act of survey on alcohol intoxication and the protocol on the direction on medical examination on state of intoxication" (19) and other regulatory legal acts of the Ministry of Internal Affairs of Russia.

--------------------------------

(1) Russian Federation Code, 2002, No. 1 (part I), Art. 1; No. 18, Art. 1721; No. 30, Art. 3029; No. 44, Art. 4295, 4298; 2003, No. 1, Art. 2; No. 27 (part I), Art. 2700; No. 27 (part II), Art. 2708; No. 50, Art. 4847, 4855; No. 52 (part I), Art. 5037; 2004, No. 19 (part I), Art. 1838; No. 30, Art. 3095; No. 31, Art. 3229; No. 34, Art. 3529, 3533; 44, Art. 4266; 2005, No. 1 (part I), Art. 45; No. 10, Art. 762, 763; No. 13, Art. 1077; No. 17, Art. 1484; No. 19, Art. 1752; No. 25, Art. 2431; No. 27, Art. 2719, 2721; No. 30 (part I), Art. 3104; No. 30 (part II), Art. 3124, 3131; No. 40, Art. 3986; No. 50, Art. 5247; No. 52 (part I), Art. 5574, 5596; 2006, No. 1, Art. 4, 10; No. 2, Art. 172, 175; No. 6, Art. 636; No. 10, Art. 1067; No. 12, Art. 1234; No. 17 (part I), Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 23, Art. 2380, 2385; 328, Art. 2975; No. 30, Art. 3287; No. 31 (part I), Art. 3420, 3432, 3433, 3438, 3452; No. 43, Art. 4412; No. 45, Art. 4633, 4634, 4641; No. 50, Art. 5279, 5281; No. 52 (part I), Art. 5498; 2007, No. 1 (part I), Art. 21, 25, 29, 33; No. 7, Art. 840; No. 15, Art. 1743; No. 16, Art. 1824, 1825; No. 17, Art. 1930; No. 20, Art. 2367; No. 21, Art. 2456; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4001, 4007, 4008, 4009, 4015; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; No. 49, Art. 6034; No. 49, Art. 6065; No. 50, Art. 6246; 2008, No. 10 (part I), Art. 896; No. 18, Art. 1941; No. 19 (correction); No. 20, Art. 2251, 2259; No. 29 (part I). Art. 3418; No. 30 (part I), Art. 3582, 3601, 3604; No. 45, Art. 5143; No. 49, Art. 5738, 5745, 5748; No. 52 (part I), Art. 6227, 6235, 6236, 6248; 2009, No. 1, Art. 17; No. 7, Art. 771, 777. Further - "Code".

(2) Russian Federation Code, 2001, No. 52 (part I), Art. 4921; 2002, No. 22, Art. 2027; No. 30, Art. 3015, 3020, 3029; No. 44, Art. 4298; 2003, No. 27 (part I), Art. 2700, 2706; No. 27 (part II), Art. 2708; No. 28, Art. 2880; No. 50, Art. 4847; No. 51, Art. 5026; 2004, No. 17, Art. 1585; No. 27, Art. 2711, 2804; No. 40, Art. 3989; No. 49, Art. 4853; 2005, No. 1 (part I), Art. 13; No. 22, Art. 2194; No. 23, Art. 2200; No. 28, Art. 2904; 2006, No. 3, Art. 277; No. 10, Art. 1070; No. 23, Art. 2379; No. 28, Art. 2975, 2976; No. (part I), Art. 3452; 2007, No. 1 (part I), Art. 46; No. 16, Art. 1827; No. 18, Art. 2118; No. 22, Art. 2686; No. 24, Art. 2830, 2833; No. 31, Art. 4008, 4011, 4845; No. 48 (part II), Art. 6030; No. 49, Art. 6033; No. 50, Art. 6235, 6236, 6248; 2008, No. 12, Art. 1074; No. 19 (correction); No. 24, Art. 2798; No. 30 (part II), Art. 3695; No. 49, Art. 5724; No. 52 (part I), Art. 6226, Art. 6235; 2009, No. 1, Art. 29; No. 11, Art. 1266, 1267, 1268.

(3) Russian Federation Code, 2011, No. 7, Art. 900; No. 27, Art. of the Art. 3880, 3881; No. 30, Art. 4595; No. 48, Art. 6730; No. 49, Art. 7018, 7020; No. 49, Art. 7067; No. 50, Art. 7352; 2012, No. 26, Art. 3441.

(4) Russian Federation Code, 1995, No., Art. 4873; 1999, No. 10, Art. 1158; 2002, No. 18, Art. 1721; 2003, No. 2, Art. 167; 2004, No. 35, Art. 3607; 2006, No. 52 (part I), Art. 5498; 2007, No. 16, Art. 5553; 2007, No. 49, Art. 6070.

(5) Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27 (part I), Art. 2700; 2003, No. 46 (part I), Art. 4437; 2004, No. 35, Art. 3607; 2004, No. 45, Art. 4377; 2006, No. 30, Art. 3286; 2006, No. 31 (part I), Art. 3420; 2007, No. 1 (part I), Art. 21; 2007, No. 49, Art. 6071; 2007, No. 50, Art. 6241; 2008, No. 19, Art. 2094.

(6) Russian Federation Code, 2006, No. 19, Art. 2060.

(7) Russian Federation Code, 2011, No. 10, Art. 1334; No. 39, Art. 5453.

(8) Russian Federation Code, 2004, No. 30, Art. 3149; No. 1, Art. 116; 2006, No. 24, Art. 2584; 2007, No. 13, Art. 1540; 2004, No. 45, Art. 4416.

(9) Russian Federation Code, 1994, No. 16, Art. 1889.

(10) Collection of acts of the President and Government of the Russian Federation, 1993, No. 47, Art. 4531; Russian Federation Code, 1998, No. 45, Art. 5521; 2000, No., Art. 1985; 2001, No. 11, Art. 1029; 2002, No. 9, Art. 931; No. 27, Art. 2693; 2003, No. 20, Art. 1899; 2003, No., Art. 3891; 2005, No. 52 (part III), Art. 5733; 2006, No. 11, Art. 1179; 2008, No. 8, Art. 741; No. 17, Art. 1882; 2009, No. 2, Art. 233; No. 5, Art. 610; 2010, No. 9, Art. 976; No. 20, Art. 2471; 2011, No. 42, Art. 5922; 2012, No. 1, Art. 154; No. 15, Art. 1780; No. 30, Art. 4289. Further - "Traffic regulations".

(11) Russian Federation Code, 1995, No. 28, Art. 2681; 1997, No. 49, Art. 5601; 1998, No. 32, Art. 3910; 2000, No. 6, Art. 776; 2005, No. 7, Art. 560.

(12) Russian Federation Code, 2008, No. 27, Art. 3280.

(13) It is excluded according to the Order of the Ministry of Internal Affairs of the Russian Federation of 13.08.2012 No. 780.

(14) Russian Federation Code, 2004, No. 2, Art. 121; 2005, No. 23, Art. 2269; 2006, No. 41, Art. 4256.

(15) It is registered in the Ministry of Justice of the Russian Federation on August 27, 2002, registration No. 3745 (with the changes made by the Order of the Ministry of Internal Affairs of Russia of October 21, 2007 No. 887 (registration No. 10412) is registered in the Ministry of Justice of the Russian Federation on October 31, 2007.

(16) It is registered in the Ministry of Justice of the Russian Federation on November 20, 2002, registration No. 3936 (with the changes made by Orders of the Ministry of Internal Affairs of Russia of May 3, 2003 No. 300 (registration No. 4538) is registered in the Ministry of Justice of the Russian Federation on May 15, 2003, of March 30, 2006 No. 217 (registration No. 7849) is registered in the Ministry of Justice of the Russian Federation on May 18, 2006, of April 12, 2007 No. 356 (registration No. 9437) is registered in the Ministry of Justice of the Russian Federation on May 10, 2007.

(17) It is excluded according to the Order of the Ministry of Internal Affairs of the Russian Federation of 13.08.2012 No. 780.

(18) registration No. 24709 Is registered in the Ministry of Justice of the Russian Federation on June 26, 2012.

(19) registration No. 12143 Is registered in the Ministry of Justice of the Russian Federation on August 19, 2008.

The rights and obligations of service employees when implementing the state function

3. The organization of execution of the state function is performed:

federal body of Department of State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation (1) (Headquarters on safety control of traffic of the Ministry of Internal Affairs of Russia) - in the territory of the Russian Federation;

--------------------------------

(1) Further - "State traffic inspectorate".

controls of the State traffic inspectorate of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level (1) - within appropriate subjects of the Russian Federation;

--------------------------------

(1) Further - "controls of the State traffic inspectorate".

The paragraph the fourth is excluded according to the Order of the Ministry of Internal Affairs of the Russian Federation of 13.08.2012 No. 780.

divisions of the State traffic inspectorate of territorial authorities of the Ministry of Internal Affairs of Russia at the district level, front divisions of the State traffic inspectorate <3> - within zones of responsibility of the relevant divisions.

--------------------------------

(3) Further - "divisions".

4. Execution of the state function is performed by employees of the State traffic inspectorate, representatives to constitute protocols on administrative offenses in the field of traffic (1), and also district police officers (2).

--------------------------------

(1) the Order of the Ministry of Internal Affairs of Russia of May 5, 2012 No. 403.

(1) Further also - "employees".

Staff of other divisions of police can perform within the competence according to post administrative actions for execution of the state function when carrying out based on administrative acts of heads of law-enforcement bodies together with employees of the State traffic inspectorate of special events for ensuring public order and public safety (1).

--------------------------------

(1) Part 2 of article 13 of the Federal law "About Police".

Creation of the protocol on administrative offense in the field of traffic is performed by the staff of other divisions of police according to powers.

For the purpose of prevention and (or) suppression of crime, administrative offense, detention of persons suspected of their making in case of the address of citizens with statements for crime, for administrative offense, for incident or in case of identification of crime, administrative offense, incident the stop of the vehicle, the pedestrian (Items 63 - 81 present of Administrative regulations) can be performed by the police officer in the territory of the Russian Federation irrespective of the replaced position, the location and time of day <1>. At the same time the subsequent actions are performed in accordance with the legislation of the Russian Federation.

--------------------------------

(1) Part 2 of article 27 of the Federal law "About Police".

Police officers for accomplishment of the obligations assigned to them have the right to use the vehicles belonging to the state and municipal authorities, public associations, the organizations and citizens in the cases and procedure established by the Federal Law "About Police">.

--------------------------------

<3> Item 37 of part 1 of article 13 of the Federal law "About Police".

5. Operational management of actions of employees in case of execution of the state function by them is exercised by control rooms of divisions (in case of their availability) or control rooms of law-enforcement bodies (1).

--------------------------------

(1) Further - "control room" or "person on duty".

Rights and obligations of participants of traffic

6. Participants of traffic are the citizens of the Russian Federation, foreign citizens and stateless persons which are directly involved in the course of traffic as the driver, the passenger of the vehicle, the pedestrian.

7. Obligations and the rights of participants of traffic are determined by the Federal Law "About Traffic Safety" (1), the Code (2) and Traffic regulations (3).

--------------------------------

(1) Article 24 of the Law.

(2) Article 25. 1, 25.2, 25.6, 25.7 of the Code.

(3) Chapters 2, 4, 5 Traffic regulations.

Result of execution of the state function

8. Proper safety control of traffic, the greatest possible prevention of the road accidents, road traffic offenses and ensuring uninterrupted movement of vehicles is result of execution of the state function.

II. Requirements to procedure for execution of the state function

Informing on execution of the state function

9. The location information, contact telephone numbers (phones of control rooms), the websites of federal body of management of the State traffic inspectorate, controls of the State traffic inspectorate, divisions is posted on the websites of federal body of management of the State traffic inspectorate and controls of the State traffic inspectorate with timely updating.

10.  No. 780 is excluded according to the Order of the Ministry of Internal Affairs of the Russian Federation of 13.08.2012.

11. Information on procedure for execution of the state function is provided directly in federal body of management of the State traffic inspectorate, controls of the State traffic inspectorate and divisions, and also by phone or with use of mass media.

11.1. Paragraph one of ceased to be valid.

Informing on availability of administrative offenses in the field of traffic with use of the Internet is performed through the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) <2> according to the rules established on this portal and also through system of interdepartmental electronic interaction.

Data on administrative offense in the field of traffic shall be available on the single portal and in system of interdepartmental electronic interaction no later than three days since the moment:

initiation by the employee of case on administrative offense;

case referrals about administrative offense on jurisdiction;

receipts in division from court, other body, authorized to consider case, resolutions on the case of administrative offense;

considerations by the employee of case on administrative offense;

receipts of the decision according to the claim or protest to the resolution on the case of administrative offense or the subsequent decisions of higher instances according to claims;

introductions in legal force of the resolution on the case of administrative offense or receipts of data on it from court, other body, authorized to consider case;

receipts of data on the end of execution of the resolution on the case of administrative offense.

Access to data on administrative offense in the field of traffic on the single portal and in system of interdepartmental electronic interaction shall be stopped no later than three days since the moment:

the expirations of year from the moment of the end of execution of the resolution on the case of administrative offense;

pronouncement by the employee of the resolution on suit abatement about administrative offense or decisions according to the claim or protest to the resolution on the case of administrative offense on cancellation of the resolution and on suit abatement;

receipts in division from court of the resolution on suit abatement on administrative offense which took legal effect or decisions according to the claim or protest to the resolution on the case of administrative offense on cancellation of the resolution and on suit abatement.

The answer about availability of data on administrative offenses in the field of traffic shall contain information from the single portal, from system of interdepartmental electronic interaction or from federal databank about persons who made administrative offense in the field of traffic about each proceedings on the administrative offense initiated against person:

number, month, year, hours and minutes of making of administrative offense;

place (settlement or kilometer of the country road) of making of administrative offense;

Article (part of Article) of the twelfth Chapter of the Russian Federation Code of Administrative Offences which violation is allowed by person;

type and the size (term) of the administrative penalty imposed to person;

administrative punishment is performed or is not performed.

--------------------------------

<1> The order of the Ministry of Internal Affairs of Russia of December 12, 2011 No. 1221 "About approval of Administrative regulations of system of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in implementation of reception of citizens, providing timely and in full considerations of oral and written addresses of citizens, to adoption on them of decisions and the direction to applicants of answers in the time established by the legislation of the Russian Federation" (registration No. 23424) is registered in the Ministry of Justice of the Russian Federation on March 7, 2012.

<2> Article 21 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services". Further - "the single portal".

12. At stands of divisions, and also on the websites of controls of the State traffic inspectorate it is posted and the following information is timely updated:

extraction from the legislative and other regulatory legal acts of the Russian Federation containing the regulations regulating activities for execution of the state function;

extraction from the text of Administrative regulations with appendices (the complete version - on the website of control of the State traffic inspectorate); location, the schedule (mode) of work, reception of citizens, phone numbers of the controls and divisions performing execution of the state function;

addresses of the websites of federal body of management of the State traffic inspectorate and control of the State traffic inspectorate;

phone numbers of the law-enforcement bodies and divisions exercising control of execution of the state function, including divisions of own safety of territorial authorities of the Ministry of Internal Affairs of Russia at the regional level;

procedure for receipt of consultations;

procedure for appeal of decisions, actions or failure to act of the employees performing the state function.

13. Consultations about procedure for execution of the state function are held by phone or in case of oral addresses:

the staff of federal body of management of the State traffic inspectorate, controls of the State traffic inspectorate and divisions performing personal reception of citizens (1), - in on-duty time;

--------------------------------

(1) the Order of the Ministry of Internal Affairs of Russia of December 12, 2011 No. 1221 "About approval of Administrative regulations of system of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in implementation of reception of citizens, providing timely and in full considerations of oral and written addresses of citizens, to adoption on them of decisions and the direction to applicants of answers in the time established by the legislation of the Russian Federation".

employees of control rooms - round the clock.

14. The text of Administrative regulations shall be available control rooms, on stationary posts of traffic police (1) for acquaintance with it, in case of the corresponding addresses of participants of traffic.

--------------------------------

(1) Further - "stationary post of traffic police". The concept of stationary post of traffic police of these Administrative regulations includes also check-point.

15. Consultations by phone are given on condition of the message by the citizen of surname, name, middle name.

In case of the personal address the citizen shall show the document proving his identity (1).

--------------------------------

(1) Part 2 of article 13 of the Federal law "About Procedure for Consideration of Addresses of Citizens of the Russian Federation".

16. In case of responses to phone calls and oral addresses employees in detail and in polite (correct) form inform addressed on the questions specified in Item 17 of these Administrative regulations. The response to phone call shall begin with information on the name of body which the citizen, surnames and positions of the employee who received phone call called.

In case of impossibility of the employee who received call to answer independently the questions posed the phone call shall be readdressed (is transferred) to other service employee or to the addressed citizen telephone number according to which it is possible to obtain necessary information shall be told.

Time of conversation shall not exceed, as a rule, 5 minutes.

17. Consultations are provided on the following questions:

the rights of person concerning which proceeedings about administrative offense, and the victim are conducted (1);

--------------------------------

(1) Article 25. 1, 25.2 Codes.

rights and obligations of employees (1);

--------------------------------

(1) Articles 12, 13, 27 and 28 Federal Laws "About Police".

procedure for appeal of the actions (failure to act) and the decisions performed and accepted in course of execution of the state function;

procedure for the direction in law-enforcement bodies of the written address;

payment procedure of administrative penalty, return of the detained vehicle;

operations procedure in case of preliminary execution of the scheme of the road accident (1);

--------------------------------

(1) Items 2.6 and 2.6.1 of Traffic regulations.

procedure for application of measures of ensuring production for cases on administrative offenses.

In case of the request for the consultations which are not relating to specific events, consultation can be limited to the message of details of the corresponding regulatory legal acts.

18. Information on the division location, graphics of reception of citizens, the documents required for consideration and other information can be provided with use of means of autoinforming.

Relations of employees with participants of traffic

19. Relations of employees with participants of traffic shall be based on strict observance of legality, accurate execution of the obligations, combination of determination and adherence to principles in the prevention and suppression of offenses with attentive and respect for citizens.

In conversation with participants of traffic the employee shall be polite, objective and tactful, address them on "you", the requirements and notes to state in convincing and clear form, excepting possibility of wrong or their double understanding, to show tranquility and endurance.

20. In case of the address to the participant of traffic the employee shall be provided, having called the position, special rank and surname then briefly to report the reason and the purpose of the address.

In case of the address of citizens the employee, having fulfilled the same requirements, shall listen attentively, within the competence to take measures for their statements or to explain where it is necessary to address for permission of the question posed.

In all cases of restriction of the rights and freedoms of the citizen the employee shall explain it the basis and occasion of such restriction, and also arising with respect thereto its rights and obligation (1).

--------------------------------

(1) Article 5 of the Federal law "About Police".

In case of the request of participants of traffic for reference information by the employee explanations only on the questions connected with specifics of journey, refining of rout to follow including to the locations of medical institutions, law-enforcement bodies and divisions of the State traffic inspectorate, and also about phones for receipt of information on movement of the detained vehicles and the locations of specialized parking for storage of the detained vehicles are made.

In case of stop of the vehicle or the pedestrian the employee, upon the demand of the participant of traffic, shall show in expanded form the official ID, without letting go it.

In case of approach of the conditions provided by Articles 18 - 24 Federal Laws "About Police" (appendix No. 1 to Administrative regulations), the actions concerning representation to the citizen and presentation of the official ID to it can not be performed.

21. The address to the transport driver shall be performed, as a rule, from the location of the driver. In the presence of objective circumstances (threat of personal security in case of stay on the carriageway, impurity of road carpet and others) the employee has the right to address the driver from the counter party of the vehicle or to perform actions according to Item 69 of these Administrative regulations.

22. The employee's signals to participants of traffic shall be given accurately and to be clear for participants of traffic.

23. Explanations shall be made to the participant of traffic of essence of the violation made by it without morals, convincingly and clearly, with reference to relevant requirements of Traffic regulations and other regulatory legal acts.

In case of conflict situations, claims or upon the demand of participants of traffic the employee explains procedure for appeal of the actions.

If the participant of traffic reacts to the message on committed violation heatedly, it is necessary to give it time to calm down and give opportunity to offer explanation concerning its wrongful acts, in addition to explain offense essence then proceeedings about administrative offense are performed. If necessary on conflict situation it is reported on the person on duty for the solution of question of departure into place for trial of responsible service employees. In case of disobedience to the legal order or the requirement of the employee or hindrance to execution of service duties by it against person initiates proceedings on the administrative offense provided by part 1 of article 19.3 of the Code.

Upon the demand of the participant of traffic the employee shall report the location and phone of the person on duty or responsible service employee.

24. The employee in case of communication with participants of traffic, except as specified, prohibited by the legislation, has the right to use the video and sound recording equipment

25. The employee shall not interfere with use of the video and sound recording equipment by the participant of traffic if that is not forbidden by the legislation. The employee shall report about existence of prohibition to the participant of traffic making record.

26. With documents of citizens when checking it is necessary to address accurately, to do in them any marks in the places provided for this purpose. If money and other securities are invested in the document by transfer to his employee, it is necessary to return the document to the citizen and to suggest the owner to transfer the document without money and securities.

The documents transferred by participants of traffic for check and attached to the constituted materials are accepted by employees without covers.

Employees are forbidden to accept from participants of traffic material values, and also any things, objects or documents, except for administrative actions, necessary for implementation.

27. In case of making by the participant of traffic of the illegal actions which are not relating to administrative offenses in the field of traffic, the employee shall stop on site such actions (1).

--------------------------------

(1) Article 12 of the Federal law "About Police".

At the same time immunity of the foreign citizens using immunity from administrative jurisdiction of the Russian Federation (1), and also the service employees performing certain state functions (2), does not exclude legal self-defense from their illegal actions, feasibility of physical force, special means, applications and uses of firearms according to Articles 18 - 24 Federal Laws "About Police" (appendix No. 1 to Administrative regulations).

--------------------------------

(1) Part 3 of article 2.6 of the Code, further also - "immunity".

(2) Part 2 of article 1.4 of the Code.

28. Actions of employees for execution of ministerial procedures concerning the foreign citizens using immunity, and also the service employees performing certain state functions are performed according to the procedure, stated in Items 227 - the 236th these Administrative regulations.

29. Presentation to the employee in course of execution of the state function by it by the participants of traffic who are not belonging to the foreign citizens using immunity to the service employees performing certain state functions and also to specified in Item 93 presents of Administrative regulations, official IDs, other documents is not the basis for restriction of the powers conferred to the employee.

30. In case of need assistance and (or) in case of the corresponding addresses the employee helps participants of traffic:

in rendering or the organization of first-aid treatment by the victim and their delivery in the medical organizations, in case of detection of persons which are in unconsciousness and also with obviously expressed severe injuries emergency medical service into place is caused;

in protection against criminal and other illegal infringement of their life, health, and also their property;

in the organization of transportation of the damaged or defective vehicles, protection of the property which was left without supervision as a result of the road accidents;

in transition by disabled people, aged and street children it is also expensive.

 III. Structure, sequence and terms of accomplishment of ministerial procedures (actions), requirements to procedure for their accomplishment

List of ministerial procedures

31. Execution of the state function includes the following ministerial procedures:

control of traffic;

control of traffic with use of the special technical means working in automatic mode having functions photo and filmings, videos, or means photo and filmings, videos (1);

--------------------------------

(1) Further - "means of automatic fixing".

traffic regulation;

vehicle stop;

pedestrian's stop;

verification of identification number, body number, chassis, vehicle engine, documents, state registration signs, technical condition of the vehicle;

The paragraph of the eighth is excluded according to the Order of the Ministry of Internal Affairs of the Russian Federation of 13.08.2012 No. 780.

poll of person concerning which proceeedings about administrative offense, the victim and the witness are conducted;

creation of the protocol on administrative offense;

pronouncement of the resolution on the case of administrative offense;

discharge from vehicle control;

survey on alcohol intoxication;

the direction on medical examination on state of intoxication;

withdrawal of the car driver license;

prohibition of operation of the vehicle;

detention of the vehicle;

survey of the vehicle and load;

examination of the vehicle;

personal inspection, examination of the things which are under physical person;

withdrawal of things and documents;

arrest of things;

delivery;

administrative detention, detention;

removal of determination about initiation of proceedings about administrative offense and conducting administrative investigation;

removal of determination about refusal in initiation of proceedings about administrative offense;

departure to the place of the road accident;

creation of the protocol of survey of the place of making of administrative offense.

General requirements to execution of ministerial procedures (actions)

32. The basis for execution of the state function is the decision of the division manager on zastupleniye of employees on service.

33. In case of execution of the state function employees shall be in uniform regimentals, have the official ID and the breastplate.

34. Completion dates employees of ministerial procedures (actions) shall be minimum necessary for their implementation proceeding from specific situation.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info