36.6. Is it permitted for the internal affairs authorities (National Police) to carry out administrative detention if a driver has violated the Traffic Rules?
UAЧи дозволено органам внутрішніх справ (Національною поліцією) провести адміністративне затримання, якщо водій порушив Правила дорожнього руху?
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This exam question from the Traffic Rules of Ukraine tests not so much the "traffic rules" themselves, but rather the understanding of the legal consequences for the driver and the powers of the National Police when processing administrative offenses. For the theoretical exam, it is important to know that in certain situations, police officers may apply procedural measures to stop violations, establish identity, or ensure proper consideration of the case, and not just issue a fine.
In essence, this question relates to the topic of administrative responsibility and measures to ensure proceedings in cases of traffic rule violations. The rules regarding administrative detention are contained in the Code of Ukraine on Administrative Offenses (CUoAO): Article 262 states that internal affairs bodies (the National Police) are the authorized body that may carry out administrative detention, including in connection with traffic rule violations. At the same time, Article 260 of the CUoAO explains the purpose of such a measure: detention is not applied "automatically for any violation," but only when necessary (for example, to establish identity in the absence of documents, to draw up a report if it cannot be done on the spot, to stop unlawful behavior, or to ensure the consideration of the case). It is also important to remember the time limits for administrative detention under Article 263 of the CUoAO.
When comparing the answer options, the statement that the police have such authority is correct, as it is directly provided by law (Art. 262 CUoAO) in cases related to traffic rule violations. On the other hand, the categorical position that detention is always prohibited is incorrect: if there are legal grounds and the procedure is followed, this measure may be applied. In practice, knowledge of this topic helps the driver correctly understand their rights and obligations when interacting with police officers and distinguish between ordinary liability and procedural detention within administrative proceedings.
Article 262 of the Code of Ukraine on Administrative Offenses (Bodies (officials) authorized to carry out administrative detention)
Administrative detention of a person who has committed an administrative offense may be carried out only by bodies (officials) authorized by the laws of Ukraine. Administrative detention is carried out, in particular, by the internal affairs bodies (National Police) — including in cases of violation of traffic rules (and in other cases directly provided for by the laws of Ukraine).
Application: this provision establishes that the National Police is among the bodies authorized to carry out administrative detention, including in connection with violations of traffic rules (provided there are legal grounds and the procedure is followed).
Article 260 of the Code of Ukraine on Administrative Offenses (Administrative Detention)
Administrative detention is applied in cases directly provided for by the laws of Ukraine, for the purpose of: stopping administrative offenses (when all other measures have been exhausted), establishing the identity of the person, drawing up a protocol on an administrative offense (if it is impossible to do so on the spot), ensuring timely and proper consideration of cases and execution of decisions in cases of administrative offenses.
Application: this provision explains that "allowed" does not mean "applied automatically for any violation" — detention is permitted only for lawful purposes and under the conditions defined by the Code of Ukraine on Administrative Offenses.
Article 263 of the Code of Ukraine on Administrative Offenses (Terms of Administrative Detention)
Administrative detention of a person who has committed an administrative offense, as a rule, may not last more than three hours (with exceptions established by the Code of Ukraine on Administrative Offenses for certain categories of offenses).
Application: even when administrative detention is lawful, its duration is limited by the terms defined by the Code of Ukraine on Administrative Offenses.
Thus, the correct answer is "Allowed," given that the internal affairs bodies (National Police) are directly classified by the Code of Ukraine on Administrative Offenses (Art. 262) as bodies authorized to carry out administrative detention, including in cases of traffic rule violations, provided there are legal grounds (Art. 260) and compliance with the time limits (Art. 263).
Administrative detention of a driver is regulated not by the Traffic Rules, but by the Code of Ukraine on Administrative Offenses. That is, the question concerns whether the National Police has the legal authority to temporarily restrict a person's freedom within the framework of administrative proceedings.
Article 262-1 of the Code of Ukraine on Administrative Offenses defines the range of bodies authorized to carry out administrative detention. Among them, the internal affairs bodies (National Police) are explicitly mentioned, in particular in cases of traffic rules violations. This means: the law allows the police to apply such a measure specifically within the framework of cases concerning traffic rules violations, provided there are grounds stipulated by law.
It is important to correctly understand the meaning of this permission. Administrative detention is not an "automatic punishment" for any violation (for example, speeding). It is applied when it is impossible to properly process the materials or ensure the consideration of the case without it: for example, it is necessary to establish a person's identity if there are no documents; to stop unlawful behavior (malicious disobedience to a lawful police order); to ensure the processing of the offense in more complex situations, particularly when there are signs of intoxication or other circumstances requiring procedural actions.
Therefore, the correct answer is "Allowed," since Article 262-1 of the Code of Ukraine on Administrative Offenses grants the National Police the authority to carry out administrative detention in cases of traffic rules violations (provided there are legal grounds).