Let them run awkwardly

The State Duma refused to consider in the third reading a bill that would allow law enforcement officers to demand a medical examination pass for drug or alcohol intoxication from any passerby. A formal occasion, RBC reports , the absence of a speaker, but in reality parliamentarians can last time due to the fact that the bill is too odious even in today's times.

Amendments are proposed to be made to the Code of Administrative Offenses (Code of Administrative Offenses). The authors of the bill are a group of United Russia, headed by the chairman of the Security Committee Irina Yarova. Amendments to him were already introduced by the government. According to the document, the right to demand a medical examination of any citizen will receive an “authorized official”, the reason may be “sufficient reason to believe” that a citizen consumes alcohol or drugs in a prohibited or public place. Also, the requirement can be addressed to any person suspected of constant use of drugs or psychotropic substances.

In case of refusing to examine the citizen will face a fine of up to 5 thousand rubles or up to 15 days of administrative arrest. Now such a punishment is provided for using drugs in public places or simply for their permanent use. The punishment for those who drink alcohol in public places much softer: a fine from 500 to 1500 rubles. In the case of the adoption of the bill, it will be extended to those whom, according to the results of the examination, is recognized as drunk.

Now such an order is valid for motorists: if they are at the request of the traffic police officer to undergo a medical examination, then they are facing a fine of 30 thousand rubles and deprivation of rights for 1.5-2 years. If the driver was not right, then he is already facing an administrative arrest. At the same time, motorists do not fall under the operation of new amendments to the Code of Administrative Offenses, also the proposed norms do not apply for pilots, sailors and people with weapons - punishment is already provided for them.

Many considered the bill doubtful if only because it does not give clear definitions. So, for example, there is no list of persons who will be authorized to check citizens. It is also not said anywhere, which is understood as “sufficient grounds”. The list of “sufficient grounds” for the requirements for the examination of motorists is in the survey rules adopted by the government in 2008. According to the document, this is any of the five signs or their combination: the smell of alcohol from the mouth; instability of the posture; violation of speech; A sharp change in the color of the skin of the face; behavior that does not correspond to the situation. But for pedestrians, these rules are not suitable, if only because they are forbidden to appear in public “in a state of intoxication that offends human dignity and social morality” (Article 20.21 of the Code of Administrative Offenses), and human dignity does not insult instability.

The deputy Irina Yarovaya, however, explained that “only on the fact of the administrative offense under articles 6.9, 20.20 [the use of drugs and alcohol in prohibited and public places], the police officer have the basis for the question of undergoing a test of intoxication. It is for the refusal to pass the test on the fact of an administrative offense that administrative responsibility occurs. ” Why check whether a person had a drink if the policeman has already drawn up a protocol for him for drinking in a public place the deputy did not explain.

Lawyers responded to RBC reacted to the bill quite unequivocally. “On what basis will the police check pedestrians? - the lawyer Igor Trunov is surprised. - What to do if a person drank in a restaurant and goes home? Equip the sleeping places or go to partisan paths? "

It is not clear by what criteria the police will evaluate that the person is drunk, the lawyer Alexei Mikhalchik noted. “0.3 ppm installed for motorists in this case is too little,” the lawyer is sure.

In fact, in the case of the adoption of the bill, police officers will finally receive the right, which they have not had since the adoption of a new constitution: to approach any person on the street and demand documents from him and, in fact, to detain - a medical examination requires time, sometimes a few hours, which, according to the law of a person, can be pulled out in the department without a reason. The basis may be a suspicious complexion, strange behavior and any other sign that in ordinary life does not cause any suspicion.

And then it turns out that the State Duma did not attend the bill in the third reading at the Friday plenary meeting. When approving the agenda of the meeting, the deputies, at the request of the representative of the relevant security committee, decided to transfer the consideration of the bill for an indefinite period. The basis was the lack of a speaker at a meeting of this document - the first deputy chairman of the security committee of Ernest Valeev. Nothing was said about the new timing of the consideration of the bill: it is possible that it will be put into a long box.