Step 1. A police officer who stopped you, must give you his name and rank. You have the right to require his service certificate. You should memorize, and it is better to write down the data indicated in the certificates of all present police officers (name, title, position, name of the police department). To stop you for document verification or termination of offense can any unit / service police (whether he wears the form or plain clothes).
Step 2. Then police officer must tell why were you stopped, or attempting to commit “support” (escorting to the police department). As long as police officer does not explain a reason for detention or legal necessity of this action, no one can force you go to the police station.
Step 3. For fixing possible illegal actions and their prevention it is recommended, where possible and appropriate, to record everything that happens on camera (dashboard camera, camera, mobile phone). Similarly may do the police.
Step 4. Police officers are entitled to check documents certifying identity of citizens suspected of committing offenses.
The documents that can confirm your identity:
- Passport of citizen of Ukraine;
- Passport;
- Diplomatic passport;
- Certidicate of insured person;
- Driver’s license;
- The migration card;
- Temporary certificate;
- A temporary or permanent residence permit in Ukraine.
If the police officer requires from you exactly passport and you have it with you, better of all give it to him,preliminary taking off the valuables. The policeman is obliged to make sure that the passport does not raise suspicions as document and verify existing photo.
Step 5. If you don`t have these documents – don`t worry. You can simply dictate them passport data, but in this case, if the police have other serious reasons, they may check these data. For this law gives the police officers 3 hours. The police have to specify your passport information in its centralized accounting.
Also remember that police officers are entitled to:
- make an oral warning to people who have committed minor administrative offenses, and in case of failure of their claims – apply coercive measures prescribed by law;
- detain and hold in specially designated premises people who have committed administrative offenses for l or the merits if these issues can not be solved on the spot – for up to 3 hours. If necessary to establish the identity and clarify the circumstances of the offense – 3 days from the notification of the prosecutor.
If the police knocking on the door:
Step 1. Find out for what reason, a policeman made a visit. And require that police officers introduced themselves and presented their certificate. Record the data indicated in the identification of police officers present, if several of them (name, title, position, name ATS).
Step 2. Article 30 of the Constitution of Ukraine inviolability of the home and the provisions of Art. 11 n. 15 to the Law of Ukraine “On Police” show that police in unhindered entry of the home without a substantiated court decision is allowed only “…in the event of termination or criminal prosecution of a crime that threatens the lives of residents, as well as in case of natural disaster“. When the police tried to enter without your permission clarify whether they have the above reasons, referring to these standards. Remind them also of the existence of criminal liability for illegal entry, however, as in any other private possessions – art. 162 of the Criminal Code of Ukraine. Keep in mind that in the absence of them above reasons, you can not let them into the apartment.
Best of all, if the conversation with police officers will be witnesses who can confirm its contents.
Caution to avoid the negative consequences apartment door did not open recommended to other people, including persons who represented the police if you are in one apartment in later or earlier time. Talk with local authorities is possible through closed doors / grille doors in the corridor / mizhkvartyrni partitions.
Step 3. If you do not wish to speak with the police, you can avoid it and finish the conversation – you have right to do this. If you decide to answer their questions, you know that you meet them only on their own (“Operational units … have the right to question citizens on their agreement …”) and there is no criminal liability for perjury in this case.
Note: the responsibility for giving false testimony and refusal to give testimony to a witness only occurs the case of an official examination with conducting protocol.
Step 4. If the threats from visitors about some unintended consequences for your failure to cooperate with law enforcement authorities can warn them about criminal responsibility for abuse of power or official position (art. 364) or abuse of power or official authority (Article 365 CC).
Step 5. If the police have not introduced themselves have not explained the reason for their visit, you can call 102 and report on the visit of unknown people, who are represented by the police and that perhaps the fact of armed or misconduct by the police. Additionally, you can make a call to the hotline of the Internal Security police (Ministry of Interior).
Step 6. If they want to search your flat, remember that you must be shown a court order to conduct a search. Also, in cases of urgency, the investigator may conduct a search without a court order, but with mandatory notification of the chief judge during the day. In this case, you must check in resolution justification of urgency. The search should be conducted during the day, except in cases of urgency.