Article 203. Excess of authority by a private detective or an employee of a private security organization holding a private security guard certificate when performing their official duties

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by restriction of liberty for a term of up to two years, or by forced labor for a term of up to two years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years.

2. The same act, committed with the use of violence or with the threat of its use, or with the use of weapons or special means and entailing grave consequences, -

shall be punishable by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

The running of the limitation period is interrupted by the obligor performing actions indicating recognition of the debt.

After the break, the limitation period begins anew; the time elapsed before the break does not count towards the new term.

Commentary to Art. 203 Civil Code of the Russian Federation

1. The commented article provides grounds for interrupting the limitation period. Unlike suspension, the period of limitation is bound by the will of the debtor if there are grounds provided for by law. In such cases, the statute of limitations ceases to flow, and after the specified grounds disappear, it begins to flow again. In other words, the time that passed before the occurrence of the interrupting circumstance does not count towards the limitation period. This makes a break significantly different from a suspension. The grounds for a break are also specific, among which the law includes filing a claim, as well as acknowledging a debt. When considering an application from a party to a dispute about the expiration of the limitation period, the court applies the rules on interrupting the limitation period even in the absence of a request from an interested party, provided that there is evidence in the case that reliably confirms the fact that the limitation period has been interrupted.

It should be borne in mind that the list of grounds for interrupting the limitation period given in Art. 203 of the Civil Code of the Russian Federation and other federal laws (Part 2 of Article 198 of the Civil Code), cannot be changed or supplemented at the discretion of the parties and is not subject to broad interpretation (clause 14 of the Resolution of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated November 12, 15, 2001 N 15/18).

2. Not any appeal to the court is considered as a basis for interrupting the limitation period, but only one that is made in the manner prescribed by law, i.e. in accordance with the requirements of civil procedural legislation.

Of course, it is necessary to comply with the rules on jurisdiction, on the preliminary pre-trial resolution of a dispute in a claim procedure, etc. Consideration of the brought claim usually ends with a decision to satisfy or reject the claim. During the entire period of legal proceedings in the case (up to the adoption of the decision and its entry into legal force), the question of the statute of limitations does not arise, since this is devoid of practical meaning. After the decision has entered into legal force and the need for its forced execution has arisen, an independent statute of limitations for the execution of the court decision begins to run.

A civil case accepted for proceedings, however, does not always end in resolution of the dispute. The law provides for a number of circumstances in the presence of which the claim is left without consideration (there are no necessary documents, the claim was made by an incapacitated person, etc.). In these cases, the limitation period is not interrupted, and its course continues in the general manner, since the dispute (as such) was not the subject of judicial proceedings. After eliminating these shortcomings, the plaintiff may bring the same claim in accordance with the general procedure.

The rules of procedural legislation provide for circumstances in the presence of which the court is obliged to suspend the proceedings initiated in the case, as well as those in which the court can do this on its own initiative or at the request of interested parties (a person being in hospital or on a long business trip, searching for a defendant in cases on the collection of alimony and compensation for harm, etc.). In all cases of suspension of proceedings, the limitation period is interrupted at the moment the claim is filed and is not resumed for the entire period of consideration of the case in court of all instances.

3. Recognition of a debt as a basis for interrupting the limitation period is applied to controversial relations, regardless of their subject composition (citizens or legal entities).

Actions indicating recognition of debt are very diverse. Actions indicating the recognition of a debt for the purpose of interrupting the running of the limitation period based on specific circumstances, in particular, may include: recognition of the claim; partial payment by the debtor or with his consent by another person of the principal debt and (or) amounts of sanctions, as well as partial recognition of a claim for payment of the principal debt, if the latter has only one basis and does not consist of various grounds; payment of interest on the principal debt; a change by an authorized person to a contract, from which it follows that the debtor acknowledges the existence of a debt, as well as a request from the debtor for such a change to the contract (for example, a deferment or installment plan); acceptance of collection order. Moreover, in cases where the obligation provided for execution in parts or in the form of periodic payments and the debtor took actions indicating recognition of only some part (periodic payment), such actions cannot be the basis for interrupting the limitation period for other parts (payments) (clause 20 of the Resolution of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated November 12, 15, 2001 N 15/18). In all such cases, the limitation period is renewed each time for a new full period from the moment the debtor committed the specified actions. However, they must be committed before the statute of limitations expires. If it has expired, then recognition of the debt cannot mean a break in the period, but only indicates the intention of the debtor to voluntarily fulfill the obligation.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All Seeing Eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Passage of time

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for an outside view.

It is also possible that these hypotheses can be combined in one proportion or another.

1. Commitment by a private detective or an employee of a private security organization who has a certificate of a private security guard of actions that go beyond the powers established by the legislation of the Russian Federation regulating the implementation of private security and detective activities, and which entailed a significant violation of the rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or the state, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by restriction of freedom for a term of up to two years, or by forced labor. for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years. 2. The same act, committed with the use of violence or the threat of its use, or with the use of weapons or special means and entailing grave consequences, is punishable by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. years.

Legal advice under Art. 203 of the Criminal Code of the Russian Federation

Zoya Romanova

The only thing the guard can do is ask you to stay because he has any suspicions. Although, you don’t have to stay, even if the guard calls the police. (About whether I should wait for the police or I can leave, but what should I do if they interfere with me.)

Lidiya Kiseleva

A fight broke out in the middle of the club and they caught me. They took me out of the club onto the stairs there by security guards. They hit me in the jaw. For which they responded by insulting the guards. Do they have the right to do this to me? In fact, I was a little drunk and threw my hands up. And the guard hit me.

Question answered over the phone

Olga Polyakova

Topic of my question: Criminal law (Drugs, hooliganism, fraud) right now.

Question answered over the phone

Sergei Yadovin

When leaving the trading floor, the security guard suspected me of theft and, in addition, hit me on the head and in the stomach. I was taken away from there in an ambulance. They took a picture of a broken rib and a concussion. what will the security guard get for this and what should I do besides contacting the police with certificates?

Question answered over the phone

Veronica Kazakova

What is written in the criminal code for disseminating personal information?

Open Article 203 of the Criminal Code of the Republic of Belarus. Russia also has a similar article. There is no admin, and for the information who is with whom and who is also not there, but for the porn photos the person who posted them shines.

Lyudmila Timofeeva

If I drop something in a supermarket, do I have to pay???

Lawyer's answer:
YOU ARE NOT RESPONSIBLE TO PAY FOR ACCIDENTALLY BROKEN ITEM. There is only one way to force you to pay for broken goods - in court, the store must prove that you caused the damage intentionally. If the seller accuses you of such intent, remind him that all this still needs to be proven in court. The main thing is to insist that the product was inconveniently positioned and you accidentally touched it. And even if this case goes to court, it will be almost impossible to prove otherwise to the store. It should be noted that the store is unlikely to want to get involved in litigation... [!] The Code of Administrative Offenses (CAO RF) provides for liability for the intentional destruction and damage of someone else's property. “Destruction or damage to someone else’s property”: “Intentional destruction or damage to someone else’s property, if these actions did not cause significant damage, entails the imposition of an administrative fine in the amount of three hundred to five hundred rubles.” Let’s look at the cases when the buyer is guilty, and when the store . The buyer is guilty - if you picked up the goods and carelessly dropped them and broke them; - if damage to the goods was caused by your “unnatural” behavior on the sales floor (running, fighting, being intoxicated, etc.); - if you deliberately broke this or that product (for example, you picked up a bottle of expensive whiskey and with the words “here you go, bourgeois,” threw the bottle against the wall with all your might); In these cases, you caused damage to the store through your fault and are obliged to compensate it in full; After payment, this product becomes your property. The store is to blame if there are narrow aisles in the sales area that do not meet the standards, or if these aisles are filled with boxes, “slides” of goods; - if the product is located unstable on the rack, and by taking one can, you have destroyed “the entire structure”; - if the floor in the store is wet and you damage the goods by slipping; - if the product breaks, falling from the belt at the checkout; In these cases, the fault lies entirely with the store, and no one has the right to demand compensation from you. If the store administration demands that you pay for damaged goods that were damaged through no fault of yours, feel free to ask for a complaint book and leave a record of what happened in it. At the same time, require the administration to draw up a report on damage to goods, in which you must write down your thoughts on this matter, for example, that there was a wet floor in the aisle or that the width of the aisle does not meet the standards. Enlist the support of at least two witnesses to what happened (this could be your relatives and friends, as well as other customers of the store). Also inform that you do not intend to pay for the cost of the goods, and if the administration wishes, it can demand compensation through the court. You have every right to do this. In 99% of cases, the incident will be resolved and no one will sue you, because not a single representative of the administration will want to subject the store to additional checks, which will reveal that the distance between the rows is indeed less than established by law. The fine in this case will be much greater than the cost of the goods you damaged. Also keep in mind that to draw up the act, you will need your passport information. Under no circumstances should you give your passport to store representatives, because they may take it as collateral. This is not acceptable, you can simply dictate your passport details without showing it to anyone; but you are not obliged to do this either; only police officers can demand documents, but not sellers or security guards. If the store security guard does not let you out until you pay the cost of the damaged goods (and he has the right to do so - you have encroached on someone else’s property), remind him of the existence of Article 203 of the Criminal Code of the Russian Federation, which provides for punishment in the form imprisonment

Veronica Antonova

The store was ILLEGALLY searched. Rudeness and harassment of the guards. What can be done? This is the situation. I went into the store, bought some cocoa cheese, and at the checkout the security asked me to unbutton my jacket. I said that I would now pay for the purchase and resolve the issue. When I paid for everything, I approached him and asked what happened? He said he wanted to see what was under my jacket. I asked on what basis? He replied that he had suspicions. I asked to call the police and two witnesses. He found witnesses, but did not call the police. He started touching me and going through my pockets without my permission, I removed his hands, saying that he did not have the authority to examine me. Then he began to threaten that he would call the Rapid Response Team. I called a friend and asked him to film all this. In the end, I showed him what was under my jacket and he immediately left behind. What we have: -video with his rude attitude -witnesses who saw that he was rude to me and tried to go through my pockets on his own -public insult and rudeness, accusing me of being a thief. Tell me what exactly can be done with this store. I have already received some advice from lawyers, but I want public opinion. Thank you!

Lawyer's answer:
In this situation, the security guard exceeded his authority and the responsibility for which is provided for in Art. 203 of the Criminal Code of the Russian Federation. Excess of authority by a private detective or an employee of a private security organization holding a private security guard certificate when performing their official duties. In this case, the private security guard’s excess of his powers may include: keeping the detainee in custody (locking him in a separate room), failure to notify law enforcement agencies of the fact of detention, conducting personal searches, interrogations, etc. I recommend that you write a statement to the police.

Egor Cheverov

Did the guard have the right to touch me? I work at a company, after work I was leaving through the entrance, a security guard ran a metal finder across my back, it beeped and started touching my back without my permission! did he have the right and how can he be punished???

Lawyer's answer:
The rights and responsibilities of the personnel of a private security company (PSC) regarding the search of personal belongings and personal searches of employees of the enterprise (i.e. the organization that orders security services under the contract) must be recorded both in the internal documents of the PSC and in the instructions issued by the customer to employees Private security company. Mention should also be made of the Rules for conducting inspections at enterprises and organizations, approved by Resolution of the USSR Council of Ministers of March 19, 1984 No. 241, which are still in force. These Rules state that searches of belongings of persons located on the premises or on the territory of enterprises and organizations, and in exceptional cases personal searches, are carried out if the administration or security personnel have sufficient data indicating that theft has been committed. The Rules list specific grounds for conducting an inspection: - the person was caught at the time of the theft or immediately after it was committed; - there are traces on the person’s clothing and belongings that suggest that he committed theft; - eyewitnesses directly point to this person as having committed the theft; - the access control regime was violated or there are appropriate indications of technical means. The prosecutor's sanction is not required to conduct this type of search. A personal search of the employee is carried out in the presence of attesting witnesses from private security company employees of the same sex. In each case of inspection, regardless of its result, a report must be drawn up (in 2 copies). The belongings of the company's employees are searched without witnesses, and the report is drawn up only if illegally exported (removed) property is detected. It indicates the time and place of its preparation, the name of the security guard who drew up the act, and the individual characteristics of the illegally removed items. It should also contain an explanation from the person whose belongings were searched. The report is signed by all participants in the inspection. If the person whose things were inspected refuses to sign the act, a corresponding note is made about this in the act itself, indicating the reason for the refusal. The arrest of a person is immediately reported to the police station. The illegally removed (exported) items discovered during the inspection are also transferred there, along with a report drawn up in accordance with the specified form. As for such a technical device as a metal detector, which is used by a security guard when monitoring compliance with the access control regime, the use of a metal detector is not expressly prohibited by law. Naturally, this tool must have the appropriate Gosstandart certificate. The procedure for the work of a private security company employee with a metal detector can be stipulated both in the contract between the customer and the private security company, and in the instructions issued by the customer to the private security company employees. When carrying out an inspection and any other professional functions, private security company employees should in no case exceed their authority, so as the Criminal Code of the Russian Federation now has a special article 203, which provides for criminal liability for such actions. According to this article, the excess by the head or employee of a private security or detective service of the powers granted to them in accordance with the license, contrary to the objectives of their activities, if this act is committed with the use of violence or with the threat of its use, is punishable by up to 5 years of imprisonment with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years. The same act, which entailed grave consequences, is punishable by up to imprisonment for a term of 4 to 8 years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years. If an employee of an enterprise believes that employees of a private security company have committed or are preparing to crime, he has the right to report this in writing or orally to law enforcement agencies (police, prosecutor's office) on the basis of Art. .109 Code of Criminal Procedure of the RSFSR. If a private security company employee exceeded his official powers (Article 203 of the Criminal Code of the Russian Federation), which resulted in

Olga?Kovalyova

Does a convicted person (under Part 1 of Article 203 of the Criminal Code of the Russian Federation) have the right to receive a pension for long service? (Answer with a link to the article). Thanks Ladik and Vladimir Nikiforov for your answers)

Lawyer's answer:
What does condemnation have to do with it? A person who has “earned” (served, etc.) a pension and HAS THE RIGHT to receive it must receive this pension. This right is ESSENTIAL, regardless of such circumstances as conviction (under any article of the Criminal Code), being in places of l/s and so on and so forth. Not a single norm of the Constitution, labor legislation, criminal or other such restrictions on the rights of a convicted person CONTAINS, therefore I do not provide a link to the norm.

Valeria Andreeva

An incident in a supermarket. What to do?

Arthur Chernukhin

Do security guards at a supermarket have the right to inspect your belongings on the way out? I heard somewhere that even if the supermarket security suspects you of theft, they can only detain you until the police arrive, who have the right to inspect you. What do you know about this? if possible, with references to laws.

Lawyer's answer:
According to Art. 27.7 of the Code of Administrative Offenses (CAO) of the Russian Federation, only a police officer can conduct an inspection. The security guard can examine you only if, by pure chance, he has with him the identification of a police officer, which was presented to you. If the security guard inspected your things, then you have the right to appeal against his illegal actions! If the matter was limited to an inspection of your bag without the use of violence or the threat of its use, you must contact the police department at the location of the store (or your place of residence) with a statement. For a successful outcome, it is desirable to have witnesses to the incident, but if there are none, it doesn’t matter. The complaint will still be sent to the licensing department of the county where the security company whose employee you are complaining about is registered. For each request, OLRR conducts an inspection of the private security company. If the violation is confirmed, the security officer will be given a warning. And they will be fined in accordance with paragraph 4 of Art. 20.16 Code of Administrative Offenses of the Russian Federation. If a security guard receives a second warning within a year, he will be deprived of his right to work for up to three years. If a security guard demanded an inspection of things and threatened to use physical force or used it, he may incur criminal liability under Art. 203 of the Criminal Code of the Russian Federation - “Excess of authority by employees of private security or detective services.” For this, a security officer risks receiving up to five years in prison, and after release, he will lose the right to engage in security activities for three years. The only thing the guard can do is ask you to stay because he has any suspicions. Although, you don't have to stay, even if the guard calls the police.

Mikhail Krutykh

I accidentally touched a glass vase in the supermarket. do I have to pay for this? They won't let you out of the store....do I have to pay for this?

Lawyer's answer:
No need. Until you pay for the purchased product and receive a receipt, i.e., you have not made a transaction with the store, the product is the property of the store! And an inconvenient arrangement, which results in damage to the goods, is a problem for the management and management of the store. “Transfer of the risk of accidental loss of goods”: “Unless otherwise provided by the purchase and sale agreement, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or the contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer.” Article 211. Risk of accidental loss of property. The risk of accidental death or accidental damage to property is borne by its owner, unless otherwise provided by law or contract. Read here: [link will appear after checking by moderator]

Vyacheslav Khvorov

Does a store security guard have the right to search a customer?

no... you can hit him with anything... because he is a corrupt skat... :))) if he suspects the goods have been stolen. has no right No, he must call the police No, he can only ask to voluntarily show something. The search may be carried out...

Elena Guseva

if the store administrator wanted to check my pockets right on the sales floor, what should I do???

Has no right. Demand that the police be called. you can refuse, then if he has certain suspicions, he should call a squad and the employees of the Ministry of Internal Affairs will take over the inspection. Fuck him - let him check, then Fuck----- send and call the police...

Igor Pirogov

I quit of my own free will. My manager hasn’t given me a paycheck for a month now. My next steps?

Lawyer's answer:
By virtue of the provisions of Article 140 of the Labor Code of the Russian Federation, payment of all amounts due to the employee from the employer upon termination of the employment contract is made on the day of the employee’s dismissal. . in accordance with the provisions of Article 352 of the Labor Code of the Russian Federation: everyone has the right to protect their rights by all means not prohibited by law; The main ways to protect labor rights are: self-defense of labor rights by employees; protection of labor rights of workers by trade unions; state supervision of compliance with labor legislation; legal protection...

Boris Kaekhtin

Should I pay for an accidentally broken item in a store? I chose bamboo blinds, next to them on the shelf were rugs and porcelain soap dishes, damn them...

Lawyer's answer:
According to Art. 211 of the Civil Code of the Russian Federation, the risk of accidental death or accidental damage to property is borne by its owner, unless otherwise provided by law or contract. In addition, according to Art. 459 of the Civil Code of the Russian Federation, unless otherwise provided by the purchase and sale agreement, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or the contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer. For a retail purchase in a store, there is no written sales contract between the buyer and seller. However, the form of the agreement in this case, according to Art. 493 of the Civil Code of the Russian Federation will be a check (or other document confirming the fact of payment). Thus, until the buyer pays for the goods and receives a receipt from the seller, the store will be considered the owner of the goods, and it is he who will be responsible for the risk of accidental loss of the goods. However, the above rules will only apply in the event of accidental loss of goods. Therefore, it is necessary to distinguish between accidental loss and loss of goods that occurred through the fault of the buyer. Accidental loss of a thing is one that occurred as a result that a person could not predict or prevent in advance. The store administration must place the product in such a way that it does not accidentally fall and does not cause inconvenience to customers when choosing it. It follows that you should not pay for an accidentally broken item.

Valentin Bespoyasny

Can a female employee be searched and have her bag checked?

Have you been to the airport? ? =)))They have rights =)) They have every right and yes they have the right Protection in the law. There are nerds, and women too. Men can also inspect bags. They can also inspect with metal detectors. They didn’t touch you...

Alexandra Osipova

It turns out that the question, Where you can take pictures and where you can’t, does not apply to the photo :) It was deleted. Tada "ZatsYniti plzzz"

Places where photography is prohibited Memo: "Journalist", 12, 2004 Question The following story happened to us. The photographer, on assignment from the editors, photographed the building of a private bank from the street. A security guard came out of this building and said that renting the bank building without...

Leonid Vasilyuk

What is the price of providing an independent forensic psychiatric examination upon request through the court? (The case is not criminal)

Lawyer's answer:
Forensic psychiatric examination in criminal proceedings is appointed to determine the mental state of the accused or suspect in cases where there are doubts about his sanity or ability at the time of consideration of the case to account for his actions or manage them, as well as to determine the mental state of the witness and the victim , if it is necessary to establish that they have the ability to adequately perceive the circumstances that are important to the case and give correct testimony about them. With the help of a forensic psychiatric examination, the need to apply compulsory medical measures to persons who have committed socially dangerous acts is also established. The procedure for appointing and conducting a forensic psychiatric examination is regulated by criminal procedure legislation and special instructions on the conduct of a forensic psychiatric examination. A forensic psychiatric expert may be a psychiatrist with appropriate qualifications and special training and practice. Forensic psychiatric examination is carried out by expert psychiatrists of medical institutions or psychiatrists appointed by the person conducting the inquiry, the investigator, the prosecutor or the court. To conduct forensic psychiatric examinations, forensic psychiatric expert commissions (FPEC) are organized at psychoneurological institutions. Psychiatrists conducting forensic psychiatric examinations have the right to familiarize themselves with all materials of the criminal case related to the subject of the examination, request that they be provided with additional materials necessary to give an opinion, be present during interrogations and other investigative actions and ask interrogated questions related to subject of examination. There are the following types of forensic medical examinations: outpatient, inpatient, examination in court and in the investigator’s office. In cases where a psychiatric examination of a person is impossible due to his absence or death, an absentee, post-mortem forensic psychiatric examination based on the materials of the criminal case may be ordered. In the most difficult and responsible cases of forensic psychiatric examination, subjects can be sent by investigative bodies or the court to the Research Institute of General and Forensic Psychiatry named after. V. P. Serbsky (Moscow). Among medical institutions carrying out forensic psychiatric examinations, this organization is the highest level in determining mental illness. The results of a forensic psychiatric examination are formalized in the form of an act (conclusion), which is signed by all experts who conducted the study. In the event of a difference of opinion between experts, each of them draws up an independent conclusion (act) justifying their point of view. The conclusion of a forensic psychiatric examination is subject to evaluation by the investigator and the court. An expert opinion is not mandatory for judicial investigative authorities, however, disagreement with expert conclusions must be motivated by the person conducting the inquiry or investigating the criminal case. Article 203 of the Criminal Procedure Code of the Russian Federation regulates placement in a medical or psychiatric hospital for a forensic examination during a preliminary investigation and consideration of a criminal case in court. In accordance with Art. 30 of the Law on Forensic Expert Activities, a suspect or accused may be placed in a medical hospital for a forensic or forensic psychiatric examination for a period of up to 30 days. If necessary, at the motivated request of an expert or a commission of experts, the period of stay of a suspect in a medical hospital may be extended by a decision of the judge of the district court at the location of the hospital for another 30 days. If a forensic psychiatric examination is ordered by the court, no fee is charged.

Sergey Tserovitinov

Does a security guard have the right not to let a customer enter a store with a bag (package) in his hands? Does the security guard have the right to demand that the bag be placed in a locker (especially since no one guarantees the safety of the locker)? How should the buyer protect his rights in this case? What laws can he refer to? Who has the right to complain?

Lawyer's answer:
If a store employee categorically insists that the buyer hand over his personal belongings to the storage room, otherwise they are not allowed into the store, then you have the right to demand a book of complaints and suggestions and leave a corresponding entry in it indicating the violation of consumer rights. After all, by refusing entry, the store violates the principle of publicity of the contract (Article 426 of the Civil Code of the Russian Federation), since the store does not have the right to refuse sale to a citizen if there is an opportunity to sell the relevant product or provide a service (a bag brought into the hall does not in any way interfere with the sale). You can even call the police to draw up a report on an administrative offense under Art. 14.15 Code of Administrative Offenses of the Russian Federation, which refers to violations of established trade rules. With your complaint, you can contact Rospotrebnadzor NEAD, and the store will be fined for an administrative offense under this article from 100 to 300 minimum wages. The security guard does not have the right to inspect your bag. They can only ask to see the contents and detain until the police arrive. References by security service employees to job descriptions are illegal: they cannot stipulate the right to search or inspect private individuals. According to Art. 27.7 of the Code of Administrative Offenses (CAO) of the Russian Federation, only a police officer can conduct an inspection. If a security guard inspected your belongings, you have the right to appeal against his illegal actions. If the matter was limited to an inspection of your bag without the use of violence or the threat of its use, you must contact the police department at the location of the store (or your place of residence) with a statement. For a successful outcome, it is desirable to have witnesses to the incident, but if there are none, it doesn’t matter. The complaint will still be sent to the licensing department of the county where the security company whose employee you are complaining about is registered. For each request, OLRR conducts an inspection of the private security company. If the violation is confirmed, the security officer will be given a warning. And they will be fined in accordance with paragraph 4 of Art. 20.16 Code of Administrative Offenses of the Russian Federation: for “providing security services in violation of the requirements established by law” - in the amount of 10 to 15 minimum wages (1-1.5 thousand rubles). If a security guard receives a second warning within a year, he will be deprived of his right to work for up to three years. If a security guard demanded an inspection of things and threatened to use physical force or used it, he may incur criminal liability under Art. 203 of the Criminal Code of the Russian Federation - “Excess of authority by employees of private security or detective services.” For this, a security officer risks receiving up to five years in prison, and after release, he will lose the right to engage in security activities for three years. The security guard does not have the right to inspect your bag. They can only ask to see the contents and detain until the police arrive. References by security service employees to job descriptions are illegal: they cannot stipulate the right to search or inspect private individuals. According to Art. 27.7 of the Code of Administrative Offenses (CAO) of the Russian Federation, only a police officer can conduct an inspection. If a security guard inspected your belongings, you have the right to appeal against his illegal actions. If the matter was limited to an inspection of your bag without the use of violence or the threat of its use, you must contact the police department at the location of the store (or your place of residence) with a statement. For a successful outcome, it is desirable to have witnesses to the incident, but if there are none, it doesn’t matter. The complaint will still be sent to the licensing department of the county where the security company whose employee you are complaining about is registered. For each request, OLRR conducts an inspection of the private security company. If the violation is confirmed, the security officer will be given a warning. And they will be fined in accordance with paragraph 4 of Art. 20.16 Code of Administrative Offenses of the Russian Federation: for “providing security services in violation of the requirements established by law” - in the amount of 10 to 15 minimum wages (1-1.5 thousand rubles). If a security guard receives a second warning within a year, he will be deprived of his right to work for up to three years.

Roman Panchishin

Where to go if a store security guard rudely demanded that you leave your bag in the storage room. What to do to

Security guards ask you to leave personal bags in special cells. At the same time, store administrations are not responsible for the safety of items. Therefore, any buyer has the right to refuse to leave their bags in the lockers. If you...

Marina Sokolova

If a store visitor accidentally breaks a bottle of beer, etc., should he pay for it?

Lawyer's answer:
Compensation for damage is voluntary. A store can recover the cost of broken goods from the buyer either voluntarily or in court. If the buyer believes that damage to the goods occurred as a result of his guilty actions, he can compensate for the damage voluntarily. However, if the buyer does not consider himself guilty, then the store administration has no right to force him to compensate for the damage. Such pressure on the buyer is unacceptable, especially if it is expressed in threats of force, rudeness, insult, etc. Such actions can be regarded as abuse of authority by employees of private security or detective services (Article 203 of the Criminal Code of the Russian Federation), insult (Article 130 Criminal Code of the Russian Federation), extortion (Article 163 of the Criminal Code of the Russian Federation). The buyer, if he does not intend to voluntarily compensate for the damage, must also explain his reasons to the store administration in the correct form, and take part in drawing up a report or protocol (if the store administration draws them up). This must be done, because if suddenly the store administration decides to go to court for damages, then the above documents will serve as evidence. And if they contain information not in favor of the buyer (only the position of the store administration), then it will be difficult to prove your innocence in court. Thus, if the buyer does not admit his guilt and refuses to compensate for the damage to the broken goods, the store administration can recover the cost of the damaged goods only in court. However, as a rule, store administrations go to court for damages only if the damage was significant, especially since in most cases the risk of accidental loss of the goods is already included in the cost of the goods. Therefore, in most cases, the issue of compensation for harm in such situations is resolved pre-trial and depends mainly on the buyers and sellers themselves.

Roman Kashikhin

It was not my fault that a glass jar fell in the supermarket and broke, what should I do? The guard is forcing me to pay

Let him prove that you broke it. And you prove the opposite. A 2-year trial awaits you!!)) Apologize to the security guard and go home. He won't do anything. There is a video recording of what happened on video cameras. if there is no video surveillance...

Alla Bolshakova

What does the administrative penalty of “fifteen days” include?

Lawyer's answer:
Article 3.9. Administrative arrest 1. Administrative arrest consists of keeping the offender in isolation from society and is established for a period of up to fifteen days, and for violation of the requirements of a state of emergency or the legal regime of a counter-terrorism operation, up to thirty days. Administrative arrest is ordered by a judge. (as amended by the Federal Law of July 27, 2006 N 153-FZ) (see the text in the previous edition) 2. Administrative arrest is established and assigned only in exceptional cases for certain types of administrative offenses and cannot be applied to pregnant women, women with children under the age of fourteen, persons under the age of eighteen, disabled people of groups I and II, military personnel, citizens called up for military training, as well as employees of internal affairs bodies, bodies and institutions of the penal system, State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities. (as amended by Federal Law No. 203-FZ of December 4, 2006) (see text in the previous edition) 3. The period of administrative detention is included in the period of administrative arrest. http://www.consultant.ru/popular/koap/13_3.html#p305 © ConsultantPlus, 1992-2013

Dmitry Yurikov

The administrative case was brought to court from the prosecutor's office after the statute of limitations had expired. What should the judge do? Return it to the prosecutor or issue a ruling to dismiss the case?

Lawyer's answer:
The judge must dismiss the case during the hearing. Article 24.5. Circumstances excluding proceedings in a case of an administrative offense 1. Proceedings in a case of an administrative offense cannot be started, and the started proceedings are subject to termination in the presence of at least one of the following circumstances: (as amended by Federal Law of December 4, 2006 N 203-FZ ) (see text in the previous edition) Clause 1 of part 1 of Article 24.5 is subject to application in accordance with the constitutional and legal meaning identified in the Resolution of the Constitutional Court of the Russian Federation dated June 16, 2009 N 9-P. 1) absence of an administrative offense event; Clause 2 of part 1 of Article 24.5 is subject to application in accordance with the constitutional and legal meaning identified in the Resolution of the Constitutional Court of the Russian Federation of June 16, 2009 N 9-P. 2) the absence of an administrative offense, including the fact that at the time of committing the unlawful action (inaction), the individual did not reach the age provided for by this Code for bringing to administrative responsibility, or the insanity of the individual who committed the unlawful action (inaction); 3) actions of a person in a state of emergency; 4) issuance of an amnesty act, if such an act eliminates the application of administrative punishment; 5) repeal of the law establishing administrative liability; By Resolution of the Constitutional Court of the Russian Federation dated June 16, 2009 N 9-P, the provision of paragraph 6 of part 1 of Article 24.5, according to which the commenced proceedings in a case of an administrative offense is subject to termination due to the expiration of the statute of limitations for bringing to administrative responsibility, was recognized as not contradicting the Constitution of the Russian Federation, since the said provision according to its constitutional and legal meaning in the system of current legal regulation does not imply the possibility of refusing in such cases from assessing the validity of the conclusions of the jurisdictional body about the presence of an administrative offense in the actions of a person. 6) expiration of the statute of limitations for bringing to administrative responsibility; 7) the presence, for the same fact of commission of illegal actions (inaction) by a person in respect of whom proceedings in a case of an administrative offense are being conducted, of a resolution on the imposition of an administrative penalty, or a resolution on the termination of proceedings in a case of an administrative offense, or a resolution to initiate a criminal case affairs; 8) death of an individual against whom proceedings are being conducted for an administrative offense. http://www.consultant.ru/popular/koap/13_27.html#p8220 © ConsultantPlus, 1992-2012

Valentina Fomina

nasty collectors have become completely insolent

Send on, if they could file a lawsuit, they would have already filed a hint to the collectors regarding the article of Article 163 of the Criminal Code of the Russian Federation, have you tried to shoot back? hire a lawyer Demand documents on the basis of which they make their claims...

Alla Medvedeva

10 points to whoever can tell? I am an individual entrepreneur, my employee, the seller, is going on maternity leave, in May they transferred her maternity benefits to me, but I only gave them in September, and the seller was outraged and is going to sue me, what is the threat to me for this?

Lawyer's answer:
In general, she has the right to sue you for late payment of these amounts. You are only to blame for not paying the money on time. Therefore, the woman has the right to collect interest from you for these 4 (or 5) months (this is a refinancing reference from the Central Bank of the Russian Federation - 11% per year) respectively, if you have not paid 1000 rubles. , then you will pay approximately 52 rubles for these months, + you will pay for moral damages (2000 will definitely be awarded to this woman), + possibly the costs of her representative (also +2500 minimum). As a result, it turns out that if you owed her 10,000 rubles, then you can pay in total: 520 + 2000 + 2500 = 3200 rub. Y. The articles of the Labor Code of the Russian Federation and the Criminal Code of the Russian Federation cannot be applied for delayed payments, since this is NOT SALARY! Z.Y. Try to negotiate with her... It costs nothing for her to file a lawsuit - there is no need to pay state duty. I hope I answered.

Lyubov Vinogradova

Is it possible to bring your own bag of food to the cinema? I haven't been for a long time, I don't know the rules...

The other day I was at the cinema, and instead of a movie I only heard the slurping of a couple from the front row, it seemed as if they had really brought a bag of food with them =)) they chomped, clicked and drank, then hiccupped and burped =) that’s what I wanted. ..

Zoya Sokolova

Is there some kind of law that does not give security guards the right to look into and search the bags of supermarket customers?

There is no law that would oblige you, as a buyer, to leave your bag in the storage room. And there is no law that would oblige you to present your bag to a security guard. This is just a request from the store. If you are categorically against it, then you can...

Irina Alexandrova

lawyers help solve the problem)

Unlawful. According to paragraph 2 of Art. 17 Law of the Russian Federation dated March 11, 1992 No. 2487-1 (as amended on June 23, 2014, as amended on July 21, 2014) “On private detective and security activities in the Russian Federation” It is prohibited to use special means in relation to...

Gennady Pskovitin

Chop officers take on a lot

What is a private security company? You have done everything you need to do, wait, an investigator should come to your hospital and take testimony. And then, depending on the severity of the injuries you received, either a criminal case will be initiated or the material will be rejected and you...

Dmitry Savochkin

what to do? In the store, when paying for the goods, they asked to show me a handbag. I refused because I had the goods in my hands. I simply didn’t want to show the handbag to strangers. I know that the store has no right to force me to do this. In response, the cashier refused to sell me the goods and suggested that I go to another store for shopping. In response to my indignation that they do not have the right to refuse sales according to the rules of the public contract, the store administration also showed me the door. I suggested calling the police, since only in their presence can an inspection of personal belongings be carried out, but they refused. Then I called 02 myself. But to my surprise, their persuasion had no effect on the store. Unfortunately, this is the only children's store nearby. I’m not the only one who constantly encounters rudeness there. But usually people are outraged, but are still forced to show their handbags and comply with the store's demands. How to force a store to comply with the law? And what would you do, leave silently, show your handbag and make a purchase?

Lawyer's answer:
Julia!! ! By law, a security officer does not have the authority to search your belongings. This is the exclusive prerogative of police officers. So the security guard, unless of course he has with him the badge of an employee of the Ministry of Internal Affairs, an extra form of the inspection protocol and two witnesses, cannot rummage through your things. However, store security is still vested with certain powers. So, if they suspect you of theft, the guards can call 02 or the local police department and report what they believe is a crime that has occurred. However, no law obliges you to wait for the police at the cash register. If you are sure that the accusation is unfair, you have the right to leave the store. The maximum that a security guard can do in this situation, without breaking the law, is to follow you out of the store, persistently offering to wait for the police and periodically informing service 02 about your movements. “The Law on Private Detective and Security Activities provides for the detention of a citizen who has committed an attack on someone else’s property.” The key word in this case is “performed”. That is, a security guard can stop you by force only if he observed with his own eyes (or the eyes of a video camera) how you snatch a package of batteries from a shelf or hide chewing gum in your pocket. Immediately after this, he is obliged to call the police, wait with you for their arrival and hand you over to the hands of law enforcement agencies. Security guards cannot resolve the issue “on their own.” According to the “Methodological guidelines for the organization and implementation of retail trade in Moscow”, adopted in 2003 by the Department of Consumer Market and Services of the Moscow Government, before entering the sales area, a visitor is obliged to inform store employees that he has goods similar to the supermarket assortment, but purchased from another store. Warn, and go with your can, pack, packaging into the hall. According to the same “Guidelines for the organization and implementation of retail trade in Moscow”, you have the right not to hand over personal belongings to the storage room when entering the store. By the way, the sign “The administration is not responsible for abandoned items” doesn’t really mean anything. According to Article 13.12 of the “Methodological Instructions...”, in accordance with the Civil Code, to which these instructions refer, the store is obliged to ensure the safety of your things. According to Art. 27.7 of the Code of Administrative Offenses (CAO) of the Russian Federation, only a police officer can conduct an inspection. If a security guard inspected your belongings, you have the right to appeal against his illegal actions. According to paragraph 4

2. The same act, committed with the use of violence or with the threat of its use, or with the use of weapons or special means and entailing grave consequences, -

shall be punishable by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary to Art. 203 of the Criminal Code of the Russian Federation

1. Private security and detective activities are regulated by the Law of the Russian Federation of March 11, 1992 N 2487-1 “On private detective and security activities in the Russian Federation” (as amended on December 3, 2011).
———————————
Gazette of the Russian Federation. 1992. N 17. Art. 888; NW RF. 2003. N 2. Art. 167; 2006. N 30. Art. 3294; 2008. N 52 (part 1). Art. 6227; 2009. N 48. Art. 5717; N 52 (part 1). Art. 6450, 6455; 2010. N 47. Art. 6032, 6035; 2011. N 7. Art. 901; N 27. Art. 3880; N 49 (part 5). Art. 7067.

Article 1 of this Law defines private detective and security activities as the provision of services on a paid contractual basis to individuals and legal entities by organizations and individual entrepreneurs who have a special permit (license) from internal affairs bodies in order to protect the legal rights and interests of their clients. The law also clearly defines the powers of a private detective, a private security guard and employees of private security and detective services.

2. The objective side of a crime (excess of authority) consists of the actions of a private detective or an employee of a private security organization that go beyond the powers established by law and entail a significant violation of the rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or the state (about a significant violation see comment to Art. 201).

3. Part 2 of the commented article establishes liability for abuse of power committed with the use of violence or the threat of its use, or with the use of weapons or special means and resulting in grave consequences.

Violence includes any actions associated with physical impact on a person: tying up, handcuffing, causing physical pain, harm to health.

The threat of violence only covers the threat of physical force. A threat of a different nature, for example destruction of property, blackmail, excludes qualification under the commented article.

The use of weapons or special means means their use for their intended purpose.

4. The elements of the crime in question are material. The act will be completed from the moment the socially dangerous consequences occur. It should be borne in mind that the concept of grave consequences is evaluative and must be established in each specific case. In particular, these include, for example, causing grievous harm to human health, suicide, murder or causing death by negligence. In all such cases, additional qualification is required under the relevant article of the Special Part of the Criminal Code.

In cases where actions exceeding authority form an independent crime, for example, wiretapping telephone conversations, illegally conducting a search of a home, reading letters, etc., qualification is required for a set of crimes: under the commented article and articles providing for liability for violation of the confidentiality of correspondence, telephone conversations and telegraph messages, or related to violation of guarantees of inviolability of person or home.

5. The subjective side of the crime is characterized by guilt in the form of direct intent.

6. The subject of the crime is a special one - a private detective or an employee of a private security organization who has a private security guard certificate.