Общие основы производства по делам об административных правонарушениях. Административное задержание - это кратковременное ограничение свободы физического лица, которое может быть применено в исключительных случаях, если это необходимо для обеспечения правильного и своевременного рассмотрения дела об административном правонарушении, исполнения постановления по делу об административном правонарушении. Административное задержание в порядке, определенном КоАП, вправе осуществлять должностные лица органов внутренних дел (милиции), военнослужащие органов и войск пограничной службы, должностные лица федеральных органов налоговой полиции, а также ряд других должностных лиц, которым КоАП предоставлено такое право. По просьбе задержанного лица о месте его нахождения в кратчайший срок уведомляются родственники, администрация по месту его работы (учебы), а также защитник. Задержанному лицу разъясняются его права и обязанности, предусмотренные КоАП, о чем делается соответствующая запись в протоколе об административном задержании. Об административном задержании несовершеннолетнего в обязательном порядке уведомляются его родители или иные законные представители. Срок административного задержания исчисляется с момента доставления, а лица, находящегося в состоянии опьянения, со времени его вытрезвления, и не должен превышать по общему правилу три часа. Однако согласно КоАП лицо, в отношении которого ведется производство по делу об административном правонарушении, посягающем на установленный режим Государственной границы Российской Федерации и порядок пребывания на территории Российской Федерации, об административном правонарушении, совершенном во внутренних морских водах, в территориальном море, на континентальном шельфе, в исключительной экономической зоне Российской Федерации, или о нарушении таможенных правил, в случае необходимости для установления личности или для выяснения обстоятельств административного правонарушения может быть подвергнуто административному задержанию на срок не более 48 часов. На срок не более 48 часов может быть подвергнуто административному задержанию также лицо, в отношении которого ведется производство по делу об административном правонарушении, влекущем в качестве одной из мер административного наказания административный арест. Задержанные лица содержатся в специально отведенных для этого помещениях задержавших их органов либо в специальных учреждениях, создаваемых в установленном порядке органами исполнительной власти субъектов Российской Федерации. Указанные помещения должны отвечать санитарным требованиям и исключать возможность их самовольного оставления. Несовершеннолетние, в отношении которых применено административное задержание, содержатся отдельно от взрослых лиц.
Saturday, March 25, 2017
Monday, February 29, 2016
Iraq: at least 33 dead in assassination attempts of EI in Baghdad
BAGHDAD ¦ At least 33 persons were killed on Sunday in assassination attempts demanded by the group Islamic State (EI) near a market in a district with Shiite majority of Baghdad, according to representatives for security and medical Iraqi.
The jihadiste group also attacked a post of the army on the West of Baghdad, taking its control provisionally and killing at least eight members of security forces.
Attacks near a market of the district of Sadr City, the bloodiest in the Iraqi capital, since the beginning of the year, also hurt 79 persons at least.
According to the same sources, at least one of the attacks was launched by a kamikaze.
In Iraq, assassination attempts commit suicide members of the group Islamic State (EI) are a tactics almost exclusively used by extremist Sunni Muslims, notably.
The Muslim Shiites, who form the majority Iraqi population, are considered as heretics by the jihadistes of EI and are often the target of assassination attempts.
On Thursday, nine persons died in Baghdad in a double assassination attempt commit suicide perpetrated against a place of worship Shiite and demanded by EI.
According to representatives for security, puts him together jihadiste moreover launched an attack on Sunday morning against a post of the army in Abou Ghraib on the West of the capital, by taking over for a short term before security forces take him back some hours later.
This attack made eight dead and at least 22 injured men, according to the same sources.
Attacks and assassination attempts are frequent in Baghdad, even if the violence in the capital considerably lowered since EI took over large sections of the Iraqi territory in June, 2014, concentrating its combatants in these zones.
The jihadiste group also attacked a post of the army on the West of Baghdad, taking its control provisionally and killing at least eight members of security forces.
Attacks near a market of the district of Sadr City, the bloodiest in the Iraqi capital, since the beginning of the year, also hurt 79 persons at least.
According to the same sources, at least one of the attacks was launched by a kamikaze.
In Iraq, assassination attempts commit suicide members of the group Islamic State (EI) are a tactics almost exclusively used by extremist Sunni Muslims, notably.
The Muslim Shiites, who form the majority Iraqi population, are considered as heretics by the jihadistes of EI and are often the target of assassination attempts.
On Thursday, nine persons died in Baghdad in a double assassination attempt commit suicide perpetrated against a place of worship Shiite and demanded by EI.
According to representatives for security, puts him together jihadiste moreover launched an attack on Sunday morning against a post of the army in Abou Ghraib on the West of the capital, by taking over for a short term before security forces take him back some hours later.
This attack made eight dead and at least 22 injured men, according to the same sources.
Attacks and assassination attempts are frequent in Baghdad, even if the violence in the capital considerably lowered since EI took over large sections of the Iraqi territory in June, 2014, concentrating its combatants in these zones.
Controversial arm wrestling in the United States between Apple and the FBI
Washington ¦ Apple and the American government are hired in an arm wrestling having large involvements on the way the technological firms have to work with police force.
The American computer group refuses to submit to a judicial injunction demanding that it helps the investigating officers of the FBI to achieve the scrambled contents of an iPhone used by one of the authors of the assassination attempt of San Bernardino, which had made 14 dead in December in California.
Affair created a cleavage mattering between those who think that the user of an electronic apparatus such as a smartphone must be able to keep his information deprived thanks to the encryption, and those who judge that the legitimate inquiries of police force have to dominate.
Vulnerable
Apple argues that what be asked for him risks returning all its vulnerable users, because the software which claims the FBI in California could be later in the hands of criminals or of unkindly governments.
«Apple wants to support the relation of confidence with his clients» and is persuaded «that no government should have access to these data», explains John Dickson, a partner of the Texan society Denim Group, specialised in the questions of security and of encryption.
Julian Sanchez du Cato Institute sees from his part in affair «a battle about the future of high-tech surveillance» and «of when the technological firms and the creators of software can be drafted as reticent suppliers of tools of piracy for governments».
Some people point out that Apple is on a fundamental position aiming at protecting its users.
«The lack of protection of private life can be an affair of life or of death, or of imprisonment», John Hanour advances, boss of the Californian firm USMOBILE which conceived an application to estimate the mobile messages.
Master key
«Apostasy draws death away in Saudi Arabia. Homosexuality sends people in prison to Pakistan. And in many countries, the adultery is punished by whiplashes or a stoning», he explains.
«The authoritarian regimes around the world salivate in perspective to see the FBI winning», insured party Nate Cardozo, of the Electronic Frontier Foundation, on the chain PBS also has. «If Apple creates the master key which the FBI demands that he creates (to enter the iPhone), governments around the world are going to demand the same access.»
Some of those who criticise the position of Apple say however that the group helps probably already the Chinese government by changing iPhone sold on this market.
«Perhaps is it possible to explain why a secret system of encryption which everybody suspects of having a true concealed door, it is sufficient for the Chinese users? »written so on one blog Stewart Baker, a lawyer having worked in the past for the American department of internal Security.
The American computer group refuses to submit to a judicial injunction demanding that it helps the investigating officers of the FBI to achieve the scrambled contents of an iPhone used by one of the authors of the assassination attempt of San Bernardino, which had made 14 dead in December in California.
Affair created a cleavage mattering between those who think that the user of an electronic apparatus such as a smartphone must be able to keep his information deprived thanks to the encryption, and those who judge that the legitimate inquiries of police force have to dominate.
Vulnerable
Apple argues that what be asked for him risks returning all its vulnerable users, because the software which claims the FBI in California could be later in the hands of criminals or of unkindly governments.
«Apple wants to support the relation of confidence with his clients» and is persuaded «that no government should have access to these data», explains John Dickson, a partner of the Texan society Denim Group, specialised in the questions of security and of encryption.
Julian Sanchez du Cato Institute sees from his part in affair «a battle about the future of high-tech surveillance» and «of when the technological firms and the creators of software can be drafted as reticent suppliers of tools of piracy for governments».
Some people point out that Apple is on a fundamental position aiming at protecting its users.
«The lack of protection of private life can be an affair of life or of death, or of imprisonment», John Hanour advances, boss of the Californian firm USMOBILE which conceived an application to estimate the mobile messages.
Master key
«Apostasy draws death away in Saudi Arabia. Homosexuality sends people in prison to Pakistan. And in many countries, the adultery is punished by whiplashes or a stoning», he explains.
«The authoritarian regimes around the world salivate in perspective to see the FBI winning», insured party Nate Cardozo, of the Electronic Frontier Foundation, on the chain PBS also has. «If Apple creates the master key which the FBI demands that he creates (to enter the iPhone), governments around the world are going to demand the same access.»
Some of those who criticise the position of Apple say however that the group helps probably already the Chinese government by changing iPhone sold on this market.
«Perhaps is it possible to explain why a secret system of encryption which everybody suspects of having a true concealed door, it is sufficient for the Chinese users? »written so on one blog Stewart Baker, a lawyer having worked in the past for the American department of internal Security.
Buffett invites in not not «to bet against America»
Washington (AFP) ¦ The multimillionaire philanthropist and sponsor of American capitalism Warren Buffett threw a warning on Saturday to the candidates committed in running to the White House: you should not «bet against America».
«It is one year of election and the candidates cannot help speaking about problems of the country (that they are really sure the only ones to be able to regulate)», was ironic Mr Buffett in his annual letter to the shareholders of his holding company Berkshire Hathaway, which has notably parts in groups Ketchup Heinz and Coca extract Cola.
«Due to this negative background noise, many Americans think that their children will not live as well as themselves. This impression is completely wrong», assured the old 85-year-old investor in reference to the message on the decline of America carried notably by the candidates in primary republican.
According to him, the babies who are born in the United States today will be on the contrary «luckier in History» and be able to benefit of much more goods and services than their precursors.
« Terrible error»
«During 240 years, it was a terrible error to bet against America and it is not the instant to begin. The hen in gold eggs American of innovation and of trade will continue laying of bigger and more many eggs», assured the one who is nicknamed «the oracle of Omaha», in reference to his city of origin in Nebraska (centre) and in his flair for good deals.
Its holding company has still shown it in 2015 with an annual net profit which singed 21 % to attain 24,08 thousand million dollars, according to results published on Saturday.
As ordinarily, Mr Buffett makes glisten to his shareholders of new acquisitions, even those of the "elephantine" size as holding company can afford thanks to its massive reservations of liquid assets.
The multimillionaire philanthropist promises however once again to launch into no TAKEOVER BID (public offer of purchase) hostile. «We come only when we are the welcome», he writes.
Broadcasting in streaming
For this new assembly of shareholders, which attracts every year of the thousands of persons in Omaha, Mr Buffett innovated by assuring for the first time an entire rerun of debates in streaming in partnership with Yahoo!.
The multimillionaire octogenarian, who keeps mystery once again on his succession, so wants to show to his shareholders that he did not lose reason and «overbalanced to a dream world», he teases.
In his letter, he reveals besides his secrets of youth: drink so much coca extract as a player of American football and eat carrots and broccoli. «It is the fundamental truth», he concludes.
«It is one year of election and the candidates cannot help speaking about problems of the country (that they are really sure the only ones to be able to regulate)», was ironic Mr Buffett in his annual letter to the shareholders of his holding company Berkshire Hathaway, which has notably parts in groups Ketchup Heinz and Coca extract Cola.
«Due to this negative background noise, many Americans think that their children will not live as well as themselves. This impression is completely wrong», assured the old 85-year-old investor in reference to the message on the decline of America carried notably by the candidates in primary republican.
According to him, the babies who are born in the United States today will be on the contrary «luckier in History» and be able to benefit of much more goods and services than their precursors.
« Terrible error»
«During 240 years, it was a terrible error to bet against America and it is not the instant to begin. The hen in gold eggs American of innovation and of trade will continue laying of bigger and more many eggs», assured the one who is nicknamed «the oracle of Omaha», in reference to his city of origin in Nebraska (centre) and in his flair for good deals.
Its holding company has still shown it in 2015 with an annual net profit which singed 21 % to attain 24,08 thousand million dollars, according to results published on Saturday.
As ordinarily, Mr Buffett makes glisten to his shareholders of new acquisitions, even those of the "elephantine" size as holding company can afford thanks to its massive reservations of liquid assets.
The multimillionaire philanthropist promises however once again to launch into no TAKEOVER BID (public offer of purchase) hostile. «We come only when we are the welcome», he writes.
Broadcasting in streaming
For this new assembly of shareholders, which attracts every year of the thousands of persons in Omaha, Mr Buffett innovated by assuring for the first time an entire rerun of debates in streaming in partnership with Yahoo!.
The multimillionaire octogenarian, who keeps mystery once again on his succession, so wants to show to his shareholders that he did not lose reason and «overbalanced to a dream world», he teases.
In his letter, he reveals besides his secrets of youth: drink so much coca extract as a player of American football and eat carrots and broccoli. «It is the fundamental truth», he concludes.
The United States: a pastor killed in a church baptist of Ohio
WASHINGTON ¦ A man opened the late Sunday against a church baptist of Dayton, in Ohio, killing the pastor, according to local media.
The pastor of St Peter s Missionary Baptist Church died from his wounds during the fusillade, which occurred after 12 h 30 local time, pointed out the local television channel WHIO, naming the police.
One witness named by this chain brought back to have heard two gunshots after a man enters the office of the pastor.
Witnesses also pointed out having seen the police accompanying a man going out of the church which carried handcuffs and was installed at the back of a motorbike of police force.
Another television channel WDTN names witnesses pointing out having seen the pastor going to its desk inside the church when his brother got up and followed him.
They then heard several gunshots and the parishioners started to run.
At least persons' about twenty were inside the church at the time of fusillade, according to WDTN.
On June 17th, a partisan young man of the theory of the superiority of the white race had killed nine black parishioners in an emblematic church of the black community in Charleston, in South Carolina.
The pastor of St Peter s Missionary Baptist Church died from his wounds during the fusillade, which occurred after 12 h 30 local time, pointed out the local television channel WHIO, naming the police.
One witness named by this chain brought back to have heard two gunshots after a man enters the office of the pastor.
Witnesses also pointed out having seen the police accompanying a man going out of the church which carried handcuffs and was installed at the back of a motorbike of police force.
Another television channel WDTN names witnesses pointing out having seen the pastor going to its desk inside the church when his brother got up and followed him.
They then heard several gunshots and the parishioners started to run.
At least persons' about twenty were inside the church at the time of fusillade, according to WDTN.
On June 17th, a partisan young man of the theory of the superiority of the white race had killed nine black parishioners in an emblematic church of the black community in Charleston, in South Carolina.
Trump refuses to take the distance with an ancient leader of the KKK
NEW YORK ¦ The candidate for the republican presidential primary Donald Trump refused on Sunday to take his distance with the ancient leader of Ku Klux Klan, David Duke, who officially brought him the support, earning many criticisms.
Celebrate public personality of extreme right, David Duke was the leader of the racist organisation during the seventies but took his distance officially with movement at the end of this decade.
He remains nevertheless defender of the theory of the superiority of the white race, revisionist, and is very regularly taken to the Jews.
Questioned about the support which had manifested it this face of extremism in the United States, Donald Trump assured to know nothing about David Duke.
He so changed position, having maintained on Friday, candidly, that he disclaimed this support.
Urged to condemn the Ku Klux Klan and the movements which supports the extremist, Donald Trump explained that it would first be necessary to him to "enquire « about these groups.
«You would not like that I condemn a group of which I know nothing. I would have to enquire», explained the promoter of New York on the uninterrupted news channel CNN.
These ambiguous purposes were condemned by three of four other rivals still in lists for republican investiture.
«Really sad. @realDonaldTrump, you are better than this. We all should agree, racism is bad, KKK is distasteful», tweeté has Ted Cruz.
«The movements of hate do not have their place in the United States. We are stronger together. At the end of history», John Kasich added.
«We cannot be a party indicating somebody who refuses to condemn the supporters of white supremacy and the Ku Klux Klan», Marco Rubio has tweeté from his part.
The democrats use it to react
The team of the candidate for democratic investiture Bernie Sanders did not waste time for reacting: «The first and only black president cannot and will not be followed by a man full of hatred who refuses to condemn KKK. »she published on Twitter.
Rare thing in the ages of primary, the message of Sanders was shared by Hillary Clinton, for «good reason.»
Debate intervenes while three persons were hurt by weapon with a blade, of which the one seriously, during conflicts on Saturday in California between members of Ku Klux Klan and opponents.
Celebrate public personality of extreme right, David Duke was the leader of the racist organisation during the seventies but took his distance officially with movement at the end of this decade.
He remains nevertheless defender of the theory of the superiority of the white race, revisionist, and is very regularly taken to the Jews.
Questioned about the support which had manifested it this face of extremism in the United States, Donald Trump assured to know nothing about David Duke.
He so changed position, having maintained on Friday, candidly, that he disclaimed this support.
Urged to condemn the Ku Klux Klan and the movements which supports the extremist, Donald Trump explained that it would first be necessary to him to "enquire « about these groups.
«You would not like that I condemn a group of which I know nothing. I would have to enquire», explained the promoter of New York on the uninterrupted news channel CNN.
These ambiguous purposes were condemned by three of four other rivals still in lists for republican investiture.
«Really sad. @realDonaldTrump, you are better than this. We all should agree, racism is bad, KKK is distasteful», tweeté has Ted Cruz.
«The movements of hate do not have their place in the United States. We are stronger together. At the end of history», John Kasich added.
«We cannot be a party indicating somebody who refuses to condemn the supporters of white supremacy and the Ku Klux Klan», Marco Rubio has tweeté from his part.
The democrats use it to react
The team of the candidate for democratic investiture Bernie Sanders did not waste time for reacting: «The first and only black president cannot and will not be followed by a man full of hatred who refuses to condemn KKK. »she published on Twitter.
Rare thing in the ages of primary, the message of Sanders was shared by Hillary Clinton, for «good reason.»
Debate intervenes while three persons were hurt by weapon with a blade, of which the one seriously, during conflicts on Saturday in California between members of Ku Klux Klan and opponents.
The allies of the president Rohani in process of increasing
TEHERAN - The reforming allies and moderates of the Iranian president Hassan Rohani, were on Sunday in process of reinforcing their positions facing the conservatives, at the end of double vital polls in pursuit of his politics of opening.
Religious moderate, Hassan Rohani bets on the major advance that was the nuclear agreement concluded in July, 2015 with Great Powers on the Iranian nuclear programme, to gather in a maximum of deputies favourable to its politics to the Parliament of 290 seats elected for four years. the sitting room was dominated by the conservatives.
The general elections of Friday were held in parallel on election for eight years of 88 monks of the Assembly of the experts made responsible for naming the supreme guide who could be led to play a leading role during their mandate. The current guide, Ali Khamenei, is 76-year-old.
One waits on Monday or Tuesday for final results of general elections.
But, a crushing victory practically assured general elections in Teheran by the candidates of the list Hope, that regroups the reforming supporters and moderates of the president, constitutes for them a decisive nudge in the right direction.
She allows to the reformers to have already an equivalent number of deputies (30) to those whom they had, in total, in the previous Parliament where assembled in about 200 conservative, radical and moderate.
According to official results concerning 90 % of newsletters skinned in Teheran, the candidates pro-Rohani win the totality of 30 seats of the capital which were until then occupied by the conservatives.
The leader of list of these last, Gholam-Ali Hadad-Adel, a former president of the Parliament, arrives in 31th position and would therefore be beaten.
At the head of list of certain candidates to be elected, represent Mohammad Reza Aref (reformer) and Ali Motahari (moderate), with respectively about 1,3 million and more than 1,1 million voices. These results concern the discount of more 2,6 million newsletters on a total of 2,9 million voters in Teheran.
The reformers had included in their list three moderate conservatives, among whom Mr Motahari, every elected representatives.
The list of the reformers / moderates in Teheran was led by Mohammad Reza Aref, ancient reforming candidate for the presidential election of 2013, who had left in favour of the candidate Hassan Rohani, allowing him to be elected from the first lap.
In they rest of the country, the reformers / moderates and the conservatives share voices with independent candidates who appeared on none of both main lists, according to partial results.
On 94 districts of province to which results are known, the conservatives earn 29, the reformers and moderates 19 and the independent 25. Among these last, some are close to conservatives or to reformers, in a proportion still difficult to determine. Another elected representative was at the same time on both lists.
Religious moderate, Hassan Rohani bets on the major advance that was the nuclear agreement concluded in July, 2015 with Great Powers on the Iranian nuclear programme, to gather in a maximum of deputies favourable to its politics to the Parliament of 290 seats elected for four years. the sitting room was dominated by the conservatives.
The general elections of Friday were held in parallel on election for eight years of 88 monks of the Assembly of the experts made responsible for naming the supreme guide who could be led to play a leading role during their mandate. The current guide, Ali Khamenei, is 76-year-old.
One waits on Monday or Tuesday for final results of general elections.
But, a crushing victory practically assured general elections in Teheran by the candidates of the list Hope, that regroups the reforming supporters and moderates of the president, constitutes for them a decisive nudge in the right direction.
She allows to the reformers to have already an equivalent number of deputies (30) to those whom they had, in total, in the previous Parliament where assembled in about 200 conservative, radical and moderate.
According to official results concerning 90 % of newsletters skinned in Teheran, the candidates pro-Rohani win the totality of 30 seats of the capital which were until then occupied by the conservatives.
The leader of list of these last, Gholam-Ali Hadad-Adel, a former president of the Parliament, arrives in 31th position and would therefore be beaten.
At the head of list of certain candidates to be elected, represent Mohammad Reza Aref (reformer) and Ali Motahari (moderate), with respectively about 1,3 million and more than 1,1 million voices. These results concern the discount of more 2,6 million newsletters on a total of 2,9 million voters in Teheran.
The reformers had included in their list three moderate conservatives, among whom Mr Motahari, every elected representatives.
The list of the reformers / moderates in Teheran was led by Mohammad Reza Aref, ancient reforming candidate for the presidential election of 2013, who had left in favour of the candidate Hassan Rohani, allowing him to be elected from the first lap.
In they rest of the country, the reformers / moderates and the conservatives share voices with independent candidates who appeared on none of both main lists, according to partial results.
On 94 districts of province to which results are known, the conservatives earn 29, the reformers and moderates 19 and the independent 25. Among these last, some are close to conservatives or to reformers, in a proportion still difficult to determine. Another elected representative was at the same time on both lists.
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