According to the Resolution of the Cabinet of Ministers of Ukraine No. 1236 About Establishment of Quarantine while Ukraine is under an adaptive quarantine (currently until June 30, 2021) everyone should carry ID.
What are the identity documents in Ukraine?
According to Article 13 of the Law of Ukraine On the Unified State Demographic Register and documents confirming the citizenship of Ukraine, identity or special status identity documents are:
- passport of a citizen of Ukraine;
- passport of a citizen of Ukraine for travel abroad;
- diplomatic passport of Ukraine;
- service passport of Ukraine;
- seafarer’s identity card;
- crew member ID;
- identity card for return to Ukraine;
- temporary identity card of a citizen of Ukraine;
- driving license;
- stateless identity card for travel abroad;
- permanent residence permit;
- temporary residence permit;
- migrant card;
- refugee certificate;
- refugee travel document;
- identity card in need of additional protection;
- travel document of a person who has been granted additional protection.
Can you be stopped, questioned and searched by police in Ukraine?
The main legislation that covers police use of stop and questioning / stop and search in Ukraine is the Law of Ukraine On the National Police.
According to Article 32 of the Law of Ukraine On the National Police a police officer has the right to stop and ask a person to present an ID and / or documents confirming the relevant person’s right (e.g. driving license) in a way that allows the police officer to read and record the data contained in the documents. This measure may be applied only in the following cases:
1) if the person has external features similar to the external features of the wanted person or missing person;
2) if there are sufficient grounds to believe that the person has committed or intends to commit an offense;
3) if the person is on the territory or object with a special regime or in the place of special police control;
4) if the person has weapons, ammunition, drugs and other items, the circulation of which is restricted or prohibited, or for the storage, use or transportation of which a permit is required, if such rights cannot be established otherwise;
5) if the person is at the scene of an offense or traffic accident, other emergency;
6) if the external signs of a person or a vehicle or the actions of a person give sufficient grounds to believe that a person is involved in the commission of an offense, the vehicle may be an instrument or object of the offense.
The police officer who stopped you is obliged to inform you of the reason for the stop.
What should you do if you are stopped on a street by a police officer in Ukraine?
The police officer who stopped you is obliged to inform you of his/her position, rank, surname and the reason for the stop (see above the list of the reasons specified in Article 32 of the Law of Ukraine On the National Police).
You have the right:
- To ask a police officer to present his/her service ID card. It should look like the sample below and contain a photo of the officer;
- If you are not sure that this person is a police officer, you can call 102 or the National Police call center on 0800 500 202 to check the information provided by the police officer. If a police officer refuses to present his / her service ID, you have the right to immediately call the police by dialing 102 or the hotline number of the Ministry of Internal Affairs of Ukraine – 1536;
- To check whether the reason for the stop given to you by the police officer is contained in the list given in Article 32 of the Law of Ukraine On the National Police (one of the 6 cases listed above).
A police officer is not allowed to seize an identity document. An ID can be seized only according to a court decision.
If a person fails to present an identity document, a police officer has the right to take the person to the nearest police station and check the information in the computer database. The time a person spends at a police station under such circumstances should not exceed 3 hours. The person has the right to call his/her family/friends and ask them to bring the ID to the police station.
As you see, the habit of always carrying identity documents with you (not only during quarantine) can simplify the identification procedure on the street and save you time.
What does questioning involve?
According to Article 33 of the Law of Ukraine On the National Police a police officer may question a person if there are sufficient grounds to believe that he or she has the information necessary to carry out police duties. A police officer may invite a person to the police station for questioning.
The provision of information by a person is voluntary. A person may refuse to provide information. Questioning of minors is allowed only with the participation of parents (one of them), another legal representative or teacher.
Before questioning the police officer shall explain to the person the grounds and purpose of the police measure.
What does search involve according to Ukrainian legislation?
There are three main procedures for carrying out one measure:
- According to Article 34 of the Law of Ukraine On the National Police a police officer may carry out a superficial examination of a person, personal belongings or vehicle.
A superficial examination as a preventive police measure is the implementation of a visual examination of a person, conducting on the surface of a person’s outer clothing by hand or special device, a visual examination of a personal belongings or a vehicle.
This measure could be implemented toward a person who is not suspected of committing an administrative / criminal offense, but there is a sufficient reason to believe that a person has got a thing, circulation of which is prohibited or restricted or may threaten the life or health of the person or other people.
- Personal examination and examination of a person’s belongings – applies to a person suspected of committing an administrative offense (Article 264 of the Code of Administrative Offenses);
This type of examination must be carried out by police officers of the same sex as the person being examined and in the presence of two witnesses of the same sex. Police must make a report on the administrative offense / administrative detention.
- Personal search – applies to a person detained on suspicion of committing a criminal offense or to a person whose property is being searched (Part 8 of Article 191, Part 3, 6 of Article 208, Part 5 of Article 236 of the Criminal Procedure Code of Ukraine).
In which cases does a police officer have the right to stop your vehicle?
- A police officer may stop vehicles if:
1) the driver violated the Traffic Rules;
2) there are obvious signs that indicate a technical malfunction of the vehicle;
3) there is information indicating the involvement of the driver or passengers of the vehicle in the commission of a traffic accident, criminal or administrative offense, or if there is information indicating that the vehicle or cargo may be the object or instrument of the offense traffic accident, criminal or administrative offense;
4) the vehicle is wanted;
5) it is necessary to question the driver or passengers about the circumstances of a traffic accident, criminal or administrative offense, which they are or could be witnesses;
6) it is necessary to involve the driver of the vehicle in providing assistance to other road users or police officers or as a witness during the preparation of reports on administrative offenses or materials of traffic accidents;
7) the authorized body of state power has made a decision to restrict or prohibit movement;
8) the method of securing the load on the vehicle creates a danger for other road users;
9) violation of the procedure for determining and using special light or sound signaling devices on the vehicle takes place;
10) the stopping of a vehicle registered in another country is carried out in order to detect its transfer to possession, use or disposal of persons who did not import such a vehicle into the customs territory of Ukraine or did not place it in the customs transit regime.
- A police officer is obliged to stop vehicles in case:
1) if there is information indicating a violation by the owner of the vehicle of customs rules detected by customs authorities in accordance with the Customs Code of Ukraine, namely: violation of temporary import and / or movement in customs transit of another vehicle for personal use, use of such vehicle for the purposes of business activity and / or receipt of income in Ukraine, dismantling or transfer in possession, use or disposal of such vehicle to persons who did not import such vehicle into the customs territory of Ukraine or did not place it in the customs regime of transit;
2) if there is information indicating that the vehicle, which is registered in another country, is not registered in Ukraine within the statutory period or is on the territory of Ukraine in violation of the terms of temporary import and / or movement in customs transit, or used for the purposes of business activity and / or receipt of income in Ukraine, or transferred to the possession, use or disposal of persons who did not import such a vehicle into the customs territory of Ukraine or did not place it in the customs regime of transit.
- A police officer is obliged to inform a driver about the specific reason for stopping the vehicle with a detailed description of the reason for the stop, defined in Article 35 of the Law of Ukraine On the National Police.