The Constitutional Court judge Andriy Stryzhak explained the decision means that any citizen, committed an administrative offence, can be detained by law enforcement authorities for 72 hours maximum. According to the decision, the term of detention starts from the moment of arrest, not from the moment of delivery to a police department.
In addition, the Court decided that an individual cannot be detained for insubordination to police, as there is no such term as insubordination in the Code on administrative offence. An individual can be detained only for persistent defiance to law enforcement officials.
The CC also recommended the parliament to revise certain articles of the Code on administrative offence, which allow detention for 72 hours and longer, while today's Court's decision has recognized such arrest, as unconstitutional.
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