New grounds for stopping at checkpoints: what has changed and how drivers should act
10 March 19:20
Approaches to stopping vehicles at checkpoints are changing in Ukraine. If earlier police officers and representatives of the TCC used to come up with different grounds, now they are increasingly referring to Article 35(7) of the Law “On the National Police”, which provides for a stop in case of “a decision by an authorized state body to restrict or prohibit traffic”.
Roman Simutin, a lawyer and expert on mobilization, draws attention to this. In an exclusive commentary [Kommersant] he spoke about new trends at checkpoints and explained when a stop is legal and when it is not.
Previously, other formal reasons could be used to stop vehicles, such as a wanted list or suspicion of an administrative offense. Now, the situation has changed, and the police are increasingly justifying their actions by the existence of a decision by a public authority to restrict traffic, says Roman Smutin.
“My client was stopped by a warning group consisting of the police and the TCC at a so-called mobile checkpoint – there was a “BLOCKPOST” sign in the middle of the road. They demanded military registration documents, threatened to detain him and take him to the TCC for violating the rules of military registration. When the driver asked about the legal grounds for the stop, they said that they were acting in accordance with paragraph 7 of Article 35 of the Law “On the National Police”,” Roman Smutin
At first glance, the reason seems logical, but it’s not that simple, the lawyer says. Looking ahead, he notes that the client was eventually released, but this case is a vivid example of how drivers can protect their rights.
Stopping at checkpoints: legality and citizens’ rights
During the period of martial law in Ukraine, the issue of the legality of stopping vehicles at checkpoints remains relevant for drivers. Attorney-at-law Roman Smutin explains under what conditions such actions are lawful and when they can be considered illegal.
According to clause 7 of the Procedure for checking documents, a vehicle may be stopped if there is a decision of a public authority to restrict or prohibit traffic. Cabinet of Ministers Resolutions No. 1455 and 1456 stipulate that checkpoints may exercise control over entry and exit, including temporary restriction of vehicle traffic.
“These resolutions are the legal basis for checking vehicles at checkpoints. However, it should be remembered that the checkpoint should be set up by order of the military command together with the military administration,” notes Roman Smutin.
When is stopping at a checkpoint illegal?
According to the lawyer, not every place where cars are checked can be considered a checkpoint within the meaning of the law. He emphasizes that mobile checkpoints that are located on roads or city streets without a corresponding order from the military command have no legal grounds for checking documents and stopping vehicles.
“My client was stopped at such a mobile checkpoint, but after I intervened, the police were unable to provide an order from the military command to place it. As a result, they were forced to let the driver go, as they acted without proper authority,” the lawyer says.
What should drivers do?
The lawyer advises drivers who are stopped at checkpoints to demand a copy of the order of the military command on their placement. If there is no such document, the stop may be considered illegal.
“If there is no order, you should record the situation on video, stay calm and refer to the law. You will probably be refused to provide the document, but knowing your rights will help you avoid unreasonable restrictions,” concludes Roman Smutin.
Consequently, checks at checkpoints are possible only within the framework of the current legislation, and illegal stops can be appealed, the lawyer summarizes
