Grounds for personal examination. What is worth knowing?

Grounds for personal examination. What is worth knowing?

Author

Artem Kovalev

Non-compliance with human rights during a cursory inspection is an important issue for the police in their duties and responsibilities, as we are dealing with direct interference with privacy.

Measures related to the inspection of a person's personal belongings take place not only in cases of committing a criminal or administrative offense, but also when the person whose belongings are being inspected is not accused of any illegal actions.

So when do police officers have the right to conduct a cursory inspection and a personal search?

Law of Ukraine "On the National Police" in Part 1 of Art. 31 provides for the following preventive measures that may be applied by the national police.

One such measure is a superficial inspection, which consists in carrying out a visual inspection of a person, by conducting a special tool (such as a metal detector) or by hand on the surface of clothing. It should be noted that the actions of police officers in the framework of a superficial inspection should not go beyond the limits established by law, ie during such an inspection, police officers are not allowed to check their pockets, rummage under their clothes, etc.…
That is, if you have, say, something illegal hidden in your bag among your personal belongings, or just in the cold season there is something forbidden under your outerwear, the police officer during the superficial inspection may not find these things.
However, at the same time, Part 6 of the Law of Ukraine “On the National Police” stipulates that during a superficial inspection of a thing or a vehicle, a person must independently show the police the contents of personal belongings or a vehicle.
The grounds for conducting a personal inspection and inspection of a person's belongings may be:
? a person has committed or is committing an administrative offense;
?the person has characteristic signs of an offense on the body, clothing, etc .;
?the third person indicated that a particular person had committed an offense;
?existing targeting of the person who committed the offense.

Attempts to conduct a superficial inspection by police officers without stating the reasons for such an inspection are unfounded.