What to do if you are stopped on the road by the TCC and the police

Commentary by LESHCHENKO & PARTNERS attorney for RBC-Ukraine

If stopped on the road: the first thing to do is not to panic

The lawyer advises to always be prepared for such a situation. It is ideal to have a pre-existing agreement with a lawyer on the provision of legal assistance and a clear algorithm of actions in case of a stop.

“Don’t panic. This is the most important thing. If you have an agreement with a lawyer, call him or her right away,” says Tryasov.

What the police have the right to check

The police act on the basis of Article 32(2) of the Law on the National Police. During the period of martial law, a police officer may require men aged 18-60 to present their military registration documents along with an identity document.

However, the opposite often happens: a policeman stops the car, and then representatives of the TCC approach and demand documents. Tryasov notes that such actions are illegal.

“TCC employees have no independent right to check documents. This can only take place in the presence of a police officer who has the legal right to check,” the lawyer notes.

Also, demand that all actions of the police and TCC be recorded on body cameras. This will allow you to appeal against unlawful actions in the future.

What to do if they say you are wanted

Often, the TCC claims that you are wanted, so they will detain you. The lawyer emphasises that this is manipulation. This is evidenced by several points:

• The concept of ‘search’ is only mentioned in the Criminal Procedure Code (Article 281 of the CPC);
• A wanted person is a suspect who does not appear before the investigator;
• The TCC has no legal right to put a person on the wanted list;
• The same applies to the ‘Reserve+ electronic cabinet’ – it is not enshrined in law.

In this situation, you can:

• request a court order to put you on the wanted list;
• ask in which criminal proceedings you are wanted and what your procedural status is;
• If there is no answer, emphasise that the police are violating your constitutional rights.

What to do if you are detained

In case of forceful detention without drawing up a protocol:

• call a lawyer;
• make an oral request for legal aid;
• call 102 to call an investigative team;
• inform them that you are calling the SBI to file a report on abuse of power;
• you can also contact the Ukrainian Parliament Commissioner for Human Rights.

Protocol is the key point

The police do not have the right to take you to the TCC without drawing up a report on administrative detention.

“Only after such a protocol is drawn up can the police hand you over to the CCC. And the TCC draws up another document – a protocol on the commission of an administrative offence,” the lawyer explains.

After that:

• the head of the TCC decides whether to impose a fine on you;
• this decision can be appealed in court.