In modern legal reality, citizens often encounter representatives of law enforcement agencies, whose form may not be immediately recognizable or mixed in the mind with the police. The question is, Can the squatters be arrested? This is one of the most frequent requests of civilians, as confusion in the powers of different agencies often leads to conflict situations on the streets of cities. It is important to understand that the employees of the Federal Service of National Guard Forces (FSVNG) are endowed with a wide range of rights that allow them to use physical force and special means.
The legislation of the Russian Federation clearly regulates the actions of employees RegardieIt gives them powers similar to police officers, but having their own specifics related to the protection of public order and important state facilities. Knowledge of these nuances is necessary for everyone to competently behave when meeting with the patrol and not to violate the law, as well as to be able to protect their rights in case of violation. Below we will discuss in detail the legal grounds for interaction with the guards.
The main normative act regulating this sphere is the Federal Law No. 226-FZ "On the troops of the National Guard of the Russian Federation". This document describes all cases when a soldier or employee National Guard has the right to restrict the freedom of movement of a citizen. Ignoring the demands of a lawful employee can lead to administrative or even criminal liability.
Legislative framework of powers of Regardie
The basis for the actions of any law enforcement officer is the law. In the case of the guards, the key document is the mentioned Federal Law No. 226, which was adopted to streamline the activities of various units that were part of the new structure. Under article 20 of this law, military personnel and employees National Guard have the right to detain persons who have committed an offence and to bring them to the territorial police authorities.
However, the powers are not unlimited and strictly regulated. The officer is obliged to act within the scope of his competence, which often overlaps with the functions of the police, especially in the field of public order. It is important to note that Rosgvardey They are not police in their pure form, but in the performance of tasks to protect public order, they are endowed with the rights of police officers. This means that when patrolling the street, their demands are legal and binding.
⚠️ Attention: An employee of Regardie is obliged to introduce himself, name his position and present an official certificate at the first request of a citizen. Failure to comply with legal requirements after identification of the employee may be regarded as disobedience.
In addition, there is a list of situations where the use of coercive measures is allowed without prior warning. This applies to cases of direct threat to the life and health of citizens or the employee himself. In such emergencies legal basis The law allows security forces to act quickly and decisively to prevent more serious consequences.
Always fix the number of the breastplate of the employee of Regardie at the beginning of the conversation - this will help in the future when filing a complaint or clarifying the circumstances of the incident.
Grounds for detaining civilians
We will discuss specific situations when the representative Federal Service of National Guard Forces You have a legal right to limit your freedom. The list of these grounds is quite extensive and covers a wide range of offenses, from petty hooliganism to suspicion of committing serious crimes. Understanding these points will help you assess the legality of the patrol's actions.
In the first place, detention is possible if a crime is suspected. If the employee has reasonable grounds to believe that you are involved in an unlawful act, he has the right to detain you to find out the identity. Also. base is the commission of an administrative offense, if it is impossible to stop it on the spot or draw up a protocol without being delivered to the department.
- 🚔 You are wanted by law enforcement database.
- 🏃 You are trying to escape from the police or other authorities.
- 🍺 Being in a state of heavy alcohol intoxication in a public place if you can’t take care of yourself.
- 🚫 Violation of curfew (for minors at the prescribed time).
The situation with the public-order. If your actions interfere with the normal functioning of transport, the work of enterprises or create a threat to the safety of others, the guards have every right to intervene. This can be either blocking roads or aggressive behavior in crowds.
Procedure for detention
The detention process is strictly regulated to minimize risks to all participants. Staff member Regardie The reason for the restriction of freedom should be clearly stated. If you are detained, you must inform yourself of what exactly you are suspected of and on the basis of which article of the law this action is carried out. The silent use of force without explanation is permissible only in exceptional cases of imminent threat.
After your arrest, you must be taken to the nearest police station or to a detention facility. There, within three hours (and in some cases longer, up to 48 hours in the presence of a court decision or under the articles of the Administrative Code), a protocol should be drawn up. It's important that detention It is a key document that records time and circumstances.
⚠️ Attention: The time and place of your detention should be notified to your loved ones or your lawyer. You have the right to one phone call to communicate this information.
During the process of bringing you in and detaining you, you may not be subjected to torture, violence or threats. Any excess of authority by the Rosguard It is a separate offence. However, resisting legal demands is not physically recommended, as it can be qualified as the use of violence against a representative of the authorities.
☑️ Your actions in detention
Rights of a detained citizen
Even when detained, a citizen does not lose his constitutional rights. You have every right to know who has detained you and for what. As mentioned, the staff member National Guard I have to introduce myself. You also have the right not to testify against yourself and your loved ones, which is guaranteed by Article 51 of the Constitution of the Russian Federation.
One of the most important rights is the right to legal assistance. You can request to see a lawyer from the moment of actual detention. If you do not have your own lawyer, you should be given the opportunity to contact the lawyer’s pallet. Ignoring this requirement may be the basis for recognizing the actions of employees. unlawfully in court.
You also have the right to medical care. If you have been injured during or before your arrest or if you feel unwell, the officer is required to call an ambulance. It is not necessary to hide the presence of diseases or injuries, as this can be used against you (for example, they may claim that the injuries were received before detention).
| Right of the citizen | Description of action | Regulatory act |
|---|---|---|
| Information. | Know the reason for detention and the position of the employee | FZ No. 226, art. 20. |
| Call me. | Notify the loved ones of the location | FZ No. 226, art. 20. |
| To a lawyer. | To have the help of a lawyer from the moment of detention | Constitution of the Russian Federation, Art. 48. |
| To the interpreter. | If you do not speak Russian | RF Administrative Code, Art. 24.4.4 |
What to do if you do not have a passport?
If you do not have documents with you, you can be taken to the office for identification. However, according to the law, the absence of a passport is not a ground for detention, if the identity can be established by other means (for example, through a database of photos or testimony).
Differences between Regardie and the Police
Many citizens still confuse the two structures, which is not surprising given their superficial similarities and overlapping functions. However, Rosguardia and MVD They are different departments with different tasks and tasks. Regardie reports directly to the President of the Russian Federation, while the Police is part of the Ministry of Internal Affairs.
The main difference lies in the priorities. The police are engaged in the general prevention and detection of crimes among the civilian population. Regardie is focused on the fight against terrorism, the protection of critical facilities, licensing weapons and participation in mass events to ensure security. That is why at meetings or concerts you can often meet guards.
However, in matters of detention, their powers in the field of public order are almost identical. If the guard sees an offense, he is not obliged to wait for the arrival of the police, but can act independently. This is done to ensure a speedy response. The key difference is that Regardie does not prepare administrative materials for most articles of the Administrative Code, so after the arrest you will still be handed over to the police for drawing up a protocol.
Responsibility for disobedience
Ignoring the employee’s legal requirements Regardie It can have serious consequences. The most common article applied in such cases is Article 19.3 of the Administrative Code of the Russian Federation (“Disobedience to the lawful order of a police officer”). Despite the title of the article, it also applies to military personnel and employees of bodies equated to the police, including guardsmen.
The penalty under this article is a fine or administrative arrest for up to 15 days. If violence or threat of its use was used in disobedience, the Criminal Code (Article 318 of the Criminal Code of the Russian Federation) enters into the case. In this case, the real prison term is threatened to 5 years, and in the case of life-threatening violence - up to 7 years.
- 📉 A fine of 500 to 1000 rubles or arrest up to 15 days (Cao 19.3).
- 👊 Forced labor or imprisonment up to 5 years (Civil Code 318 part 1).
- ⚖️ 3 to 7 years imprisonment for dangerous violence (Crime Code 318 pp.2).
Therefore, the strategy of keeping your head down and complying with demands, even if you think they are unfair, is the most legally rational one. All disputes are better to resolve after the fact through filing complaints and going to court, where you can prove your case without the risk of getting a criminal record.
The best way to protect your rights is not to physically resist, to clearly state your position and to require that all actions be recorded in the protocol.
Frequently Asked Questions (FAQ)
Can Rosgvardia check documents on the street for no reason?
Just so, without any reason, to check the documents at all in a row they have no right. There must be suspicion of committing an offence, being a person wanted, or carrying out a special event (for example, the Intercept plan), which must be officially announced.
Do the guards have the right to conduct a personal search?
Personal search can be carried out only in strictly defined cases provided for by the Administrative Code of the Russian Federation, and, as a rule, requires the presence of two witnesses of the same sex as the person being examined, or the use of video recording. They can’t just “shock” you on the street without a protocol.
What to do if the phone is taken away during detention?
The withdrawal of the phone is possible only within the framework of procedural actions (as physical evidence) and must be formalized by the protocol of withdrawal. If the phone is simply taken away and not registered, it is illegal. Demand a record in the detention record or a separate release report.
Can I take Rosgvardia employees on video?
Yes, the shooting of employees of state bodies in the performance of their duties in public places is allowed, if it does not interfere with their work and does not violate the law on state secrets or personal data of other persons. The prohibition of filming must be motivated by the specific circumstances of the operation.