Grounds for document checks

In May of this year, the Verkhovna Rada adopted another extension of martial law, which this time is valid until August 11, 2024, as well as mobilization. Accordingly, certain restrictions will continue to apply throughout the country, and according to Article 8 of the Law of Ukraine “On the Legal Regime of Martial Law,” document checks, as well as inspections of belongings and vehicles, are among the measures aimed at ensuring the safety of citizens. However, there are a number of rules that must be followed: the police, as well as other authorized persons, can only request an identity card if they have grounds to do so.

The main reasons for document verification

There are several circumstances under which a lawful inspection may be carried out - and in this case, a citizen is obliged to present documents:

• law enforcement officials have reason to believe that the person has either already violated or is planning to violate the law;
• in case of suspicion of the presence of items whose circulation is restricted or prohibited - this list includes weapons, various types of ammunition, and narcotic substances;
• the person is wanted;
• the prohibitions imposed by the legal regime in force during martial law were violated;
• for staying at a secure facility;
• presence at the location where the offense, accident or emergency occurred.

Employees of the National Police, the National Guard, the Security Service of Ukraine, and the border guard services may conduct an inspection if they have legal grounds. This right is also granted to authorized persons designated by the commandant's order.

Grounds for checking documents by the police

Many of the reasons for checking documents are somewhat vague, which gives law enforcement officials some discretion. For example, being on the wanted list is a ground for document checks, but in this case, a court or investigative order must be provided. In the absence of such a resolution, any requirement to show an identity card, as well as the inspection, is illegal.

There is no specificity in the case of suspicion of drug possession and trafficking: any police officer can use this ground to check documents, inspect personal belongings or a vehicle, arguing that this procedure is necessary solely on the basis of personal suspicion.

Grounds for checking documents at checkpoints

According to Procedure No. 1455, checkpoints are established by a decision of the military command, and their main purpose is to check persons and vehicles passing through them. This corresponds to the grounds for conducting control at a secure facility or territory with a special regime, so checking documents at checkpoints is absolutely legal.

Refusal to present an identity card or undergo inspection is an administrative offense punishable by a fine.

Verification of documents during martial law

The grounds remain unchanged, but there are additional subtleties to consider. For example, representatives of the TCC also have the right to demand an identity card and a military registration document, which, according to the current legislation, must be carried by all men aged 18 to 60.

However, there is a caveat: checking the identity documents of a person during martial law by authorized persons is permissible, but detention is not. Any demands to show a passport must be justified, otherwise they are illegal. Therefore, the first step is to find out the reason for the stop, and only if there are real arguments should you present documents.

Important: only the police have the right to carry out detention for identification purposes.

Document verification procedure

The police, authorized persons, and representatives of other authorities and services (SBU, SMS, State Customs Service) must comply with the following rules and requirements:

• introduce yourself, indicating your position and department;
• announce the reason for stopping and verifying the data;
• if the reason is legitimate, the person must present papers - an identity card and a military registration document.

The check of personal documents must be correct: a citizen has the right to clarify the reasons for its conduct, as well as to refuse to present a passport if there are no grounds. It is important not to run away or show aggression, otherwise it will be qualified as an offense, and in this case, the police officer may detain you.