Friday, May 22, 2015

Duma postponed the bill penalizing pedestrians for refusing alcohol test – RBC

Photo: RIA Novosti

The State Duma, contrary to initial plans, did not consider the third and final reading of the resonant bill sharply increase penalties for people who refuse examination for alcohol and drug intoxication. At the beginning of Friday’s plenary session in approving its agenda the Chamber decided to postpone consideration of the bill at the request of representatives of the relevant committee on security. He referred to the absence of the rapporteur on this document – first deputy chairman of the security committee of Ernest Valeev.

This amendment to the Code of Administrative Offences (CAO) was proposed by the Government of in the group of deputies of the bill – United Russia headed by the chairman of the Duma Committee on Security Irina Spring and approved by the relevant committee. Under this initiative, etc. ABO require a medical examination every citizen will receive “authorized officer» . The occasion will provide “reasonable grounds to believe” that an individual consumes alcohol or drugs in a prohibited or public place. The requirement for the certification can also be addressed to any person suspected of constant use of drugs or psychotropic substances.

For abandonment of the survey will face a fine of four thousand. 5 th. Rub. or up to 15 days of administrative arrest. The same punishment is now provided for the fact that the Russians use drugs in public places and for their continued use. The punishment for drinking in prohibited areas is much softer – a fine 500-1500 rubles. It also applies to those who will be in a state of intoxication after a voluntary survey.

The lawyers interviewed earlier RBC criticized this government initiative. In their view, the bill could create conditions for the violation of constitutional rights and the presumption of innocence. “On what basis the police will check for pedestrians? – Surprised the lawyer Igor Trunov. – What to do if a person drank at the restaurant and go home? Sleeps equipped guerrilla trails or go? »

It is not clear what criteria the police will assess that person is drunk, said lawyer Alex Mikhalchik . “0.3 ppm established for motorists in this case is too small,” – said the lawyer.

On Thursday, after the publication of the article in the RBC resonance of this initiative, the chairman gave his explanation profile committee Irina Spring. From her words that the police will offer to pass medosvidetelstvovanie not make her any suspicion of pedestrians, and only to those who would find the use of alcohol in a public place, and only after the amount of such a protocol violation.

«only upon production of an administrative offense under Articles 6.9, 20.20 [drug use and drinking of alcohol and drug use in public places banned and] the police officer has reason to raise the issue of passing the test for intoxication. It is for refusing to perform the test on the fact of an administrative offense administrative liability “, – explained the Spring. The proposals are entirely consistent with the general rules of law, therefore, were supported, he added.

On the new timing of the consideration of the disputed bill MPs is not reported.

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