46.7. Administrative detention by the National Police is carried out:
UAАдміністративне затримання Національною поліцією проводиться:
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This exam question from the Traffic Rules of Ukraine (PDR) concerns not so much the technique of driving as the legal foundations of road safety control and the powers of the National Police. For the theoretical exam, it is important to understand the difference between a routine document check or on-the-spot communication and procedural measures that temporarily restrict a person's freedom. Administrative detention belongs precisely to such measures and is applied only on grounds clearly defined by law, not at the 'discretion' of a police officer.
In essence, this question tests the section of the traffic rules regarding responsibility and compliance with the lawful demands of a police officer (in particular, paragraphs 1.9, 2.4, 2.5 of the PDR), but the key answer is found in administrative legislation. The PDR only refers to 'legislation,' while the specific list of grounds and the procedure for administrative detention are determined by the Code of Ukraine on Administrative Offenses (CUAO), specifically Article 262. It directly provides for the possibility of detention both for violations of traffic rules and for other administrative offenses such as petty hooliganism, so the correct logic for the exam is as follows: detention is possible in both groups of cases, and it must always be documented with a protocol.
The analysis of the answer options comes down to the fact that the restriction 'only for petty hooliganism' is incorrect, since the law contains a broader list of grounds. The statement 'only for traffic rules violations' is also incorrect, as the National Police has the right to apply administrative detention for a number of other offenses not directly related to traffic. Instead, the correct option combines both grounds and emphasizes the mandatory documentation of detention with a protocol, which is a critical feature of the legality of this measure.
Clause 1.9
Persons who violate these Rules are liable in accordance with the law.
Brief application: The Traffic Rules do not define the grounds and procedure for administrative detention, but only refer to the "law" (in particular, the Code of Ukraine on Administrative Offenses), which establishes the measures to ensure proceedings (including administrative detention) and the cases of their application.
Clause 2.4
At the request of a police officer, the driver must stop in compliance with these Rules, as well as present for inspection the documents specified in clause 2.1, and fulfill other lawful requirements of the police officer.
Brief application: This provision of the Traffic Rules is related to the powers of the police during road traffic control; failure to comply with a lawful requirement of a police officer is a separate offense, and the issue of possible administrative detention for such offenses is determined by the Code of Ukraine on Administrative Offenses (not the Traffic Rules).
Clause 2.5
The driver, at the request of a police officer, must undergo a medical examination in the prescribed manner in order to determine the state of alcoholic, narcotic or other intoxication or being under the influence of medicinal drugs that reduce attention and reaction speed.
Brief application: The Traffic Rules establish the driver's obligation to fulfill a lawful procedural requirement (examination). Further measures (documenting materials, delivery, detention, etc.) are regulated not by the Traffic Rules, but by the norms of administrative law.
Thus, the correct answer is: "It is carried out in the event of committing the offenses specified in answers 1 and 2, with the mandatory drawing up of a detention protocol," given that the Traffic Rules only establish the obligation to comply with lawful requirements of a police officer and provide for liability "in accordance with the law," while the grounds for administrative detention and the requirement to draw up a protocol are determined by the Code of Ukraine on Administrative Offenses, not by the Traffic Rules.
Administrative detention is a temporary restriction of a person's freedom, which the police may apply only in cases directly defined by law. For the exam, it is important to remember: this is not a “regular document check” or a “conversation on the spot,” but a separate procedural measure that requires clear grounds.
The list of such grounds for the National Police is established by Article 262 of the Code of Ukraine on Administrative Offenses (CUAO). It states that the police have the right to carry out administrative detention when a person has committed certain administrative offenses. These include, for example, petty hooliganism, persistent disobedience to a lawful police order, violation of the procedure for holding mass events, being in a public place while intoxicated, as well as violations of the Traffic Rules. That is, the law directly indicates that detention is possible not only for traffic violations, but also for other administrative offenses.
Therefore, if the answer options separately specify two groups of grounds (conditionally “other offenses” and “traffic violations”), the correct logic is: administrative detention can be applied in both cases, because both are provided for by law. Additionally, you need to remember one more key feature: administrative detention must always be documented with a detention protocol, because without proper documentation such a restriction of freedom is not considered legally formalized.
Thus, the correct answer is: “It is carried out in case of committing offenses specified in answers 1 and 2 with mandatory drawing up of a detention protocol,” since the law (Art. 262 of the CUAO) allows the police to detain a person both for traffic violations and for other specified administrative offenses, and such detention is always documented with a protocol.