The DPS inspector asks to be understood or witness — is it possible to refuse.


Administrative violations are documented and recorded with the help of acts, protocols and regulations. Most often, more than two persons are not required to draw up the above documents: the repudent and representative of the order. However, there are situations when the presence in the process of third parties is necessary. According to the letter of the law, those attracted by the person may be witnesses or understood. Most often in road situations, the inspector asked to take on the role of understood simple drivers passing by. Does the driver have the right to refuse to be understandable or is the simple man in the street will pass illegally refusing to the authorities?

In order to correctly answer this question, you should understand the difference between two completely different concepts: a witness and understand. The witness is a person who has seen anyway, what happened an offense. Many have come across a situation where the DPS officer, together with the violator, stops the next transportation for him. Drivers moving for the violator could see all aspects of what is happening. Refuse to witness a person is not in the right. This is about this article 306 of the Criminal Code of the Russian Federation, according to which each conscious citizen is obliged to provide landing assistance to representatives of power. Also, witnesses are warned about the summer of obviously false testimony. This aspect is punishable by law, as reported by Article 17.9 of the Administrative Code of the Russian Federation. A citizen has the right not to testify only if the members of his family are offenders. This right is also indicated in the law.

It is quite different about the case with raised. Understate — this is a citizen who is asked to witness the legality of a particular procedure conducted by the representative. There are many situations in which DPS staff are obliged to attract the legality of those who are understood. As a rule, the presence of witnesses is necessary when conducting a personal inspection or inspection of the vehicle, when inspecting the offense site. Understanding is also needed for fixing the refusal to sign signature on any document. By the way, it should be immediately noticed that those who are understood are obliged to sacrifice their personal time in office work, that is, to be a court for testimony. From this understand not in the right to refuse.

Well, now you can talk about the possibility of failure. According to the letter of the law, representatives of the authorities are obliged to comply with the rules during some procedures. So understandable employees have to search directly at the scene. Representatives of law enforcement agencies have the right only to ask orders to appear in the role of understanding. Neither where the rules or legislation or legislation are not specified that the citizen is obliged to become the first to demand a representative of the authorities. So from the role of raised very much you can refuse to completely legal grounds. Just do it need tactfully and delicately, reflecting on a fairly important reason. However, it is still not done yet. Because the road is always unpredictable. You never know what to happen, suddenly help may need you. So it is better to provide any post assistance at the request of DPS staff. Moreover, the inspector is not involved with understandable without much reasons. You can be confident in the legality of the events. Yes, and experience in such affairs does not exist. As they say, it is better to study on other people’s mistakes.