In accordance with Article 25.6 of the Code of Administrative Offenses of the Russian Federation, a witness can be any person who knows something about the circumstances of the case.
This means that all your relatives, friends and acquaintances can be involved as witnesses. Of course, provided that they were really next to you at that moment. All this also applies to children! They can also be witnesses if they are old enough to realize what is happening. Here we are talking about giving explanations, not interrogation. If the case is within the jurisdiction of the court, and already in court the interrogation of minors is carried out in accordance with Article 179 of the Code of Civil Procedure of the Russian Federation with the participation of teaching worker, parent, adoptive parent, guardian, etc.
The inspector’s attempts to prevent you from entering their data into the protocol are illegal and are regarded by administrative legislation (Article 19.1 of the Code of Administrative Offenses of the Russian Federation) as “arbitrariness.”
Let's consider another option - the inspector suddenly decided to ask your relatives and friends who were in your car to help him confirm the information about your violation.
Definitely refuse! Article 25.6 of the Code of Administrative Offenses and Article 51 of the Constitution of the Russian Federation give you the right not to testify against your relatives (close relatives in accordance with paragraph 2 of Article 14 Family Code Russian Federation are relatives in a direct ascending and descending line (parents, children, grandparents and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters).
This does not apply to acquaintances, so theoretically in court they could be threatened with perjury and forced to talk about what they saw.
By the way, the inspector’s colleague may well act as a witness. But the drivers of the cars stopped later cannot be witnesses, since they could not see what was happening. In this case, they can go to the case only as witnesses.
In accordance with Article 25.7 of the Code of Administrative Offenses of the Russian Federation, any adult person who is not interested in the outcome of the case can be a witness. There must be at least two witnesses.
The law provides for the mandatory presence of witnesses in the following cases:
- During your administrative detention;
- When inspecting things that are on you;
- When inspecting your vehicle;
- When confiscating things and documents that are with you;
- When you are suspended from driving, sent for a medical examination and in the process of taking a breathalyzer sample;
- When a vehicle is detained (evacuated).
If video recording is used to record the performance of procedural actions, with the exception of a personal search, these procedural actions are carried out in the absence of witnesses, which is recorded in the appropriate protocol or the certificate of examination for alcohol intoxication.
There is no way your relatives can act as witnesses. But the inspector’s partner is also not suitable for this role. Witnesses can be pedestrians passing by or drivers of passing cars. Inspectors should take care of searching for witnesses; this is their job, not yours, even if you yourself take the initiative to attract them.
In the protocol, witnesses certify with their signature the fact that procedural actions were performed before their eyes, their results and content. Therefore, if witnesses are absent where their presence is required by law and there is no video recording, then be sure to reflect this fact in the protocol. Do not leave this without attention, since inspectors can BACKSTANCE enter their “fed” witnesses into the protocol, and in court you will not prove later that Ivan Ivanovich Ivanov and Petrov Petrovich were not actually present at the scene and cannot confirm anything.
To determine who can be a witness, it is necessary to refer to the Criminal Procedure Code, or more precisely to Art. 60, which states that any person who is not interested in the outcome of the case can become a witness, who can be involved by the investigator, inquiry officer, or prosecutor to certify the fact of the investigative action taken, the progress and result of the investigative action.
Can family and friends be witnesses? Does the inspector have the right to involve his partner as a witness? Who should look for witnesses and what is the main difference between a witness and a witness?
Witness rights and responsibilities
The role of a witness in these cases, and in all others, is quite significant for the court to make a fair decision (the presence of a witness in accordance with Chapter 27 of the Code of Administrative Offenses of the Russian Federation is mandatory).So who is this witness? Their testimony is of particular value to the investigation and has a direct impact on the course of the criminal case. It is no secret that such participants in legal proceedings are called witnesses.
Witness right or duty
How does he differ from a witness, what rights and responsibilities does he have, what are the requirements for him? You need to at least roughly know the answers to all these questions - even if you have nothing to do with jurisprudence. Accordingly, regulatory legal acts that explain in detail the purpose, essence, rights and responsibilities of witnesses are the Criminal Procedure Code of Russia (Code of Criminal Procedure of the Russian Federation), the Code of Administrative Offenses (CAO RF), the Tax Code (TC RF), and also Federal Law dated 02.Post navigation
as well as the content, progress and results of the investigative action. For persons who can act as witnesses, the law establishes certain restrictions.So, for example, minors, participants in criminal proceedings, their close relatives and relatives, employees of executive authorities vested in accordance with federal law with the authority to carry out operational investigative activities and (or) preliminary investigations cannot be witnesses.
Do I have the right to refuse to be understood?
When conducting investigative actions, one is not enough. Do I have the right to refuse to be?what nonsense.
“Each person sets his own limits in his own legal field”. Do you think that if I was detained by a police officer, I can with peace of mind refuse to accompany him to the police station? In addition to rights, there are also responsibilities.
This is my question: is being understood a civic duty or not.
In accordance with Art.
39 of this law, the presence of witnesses is mandatory when carrying out enforcement actions related to the opening of premises and storage facilities occupied by the debtor or other persons or belonging to the debtor or other persons, inspection, seizure, seizure and transfer of the debtor’s property. Chapter 4. OTHER PARTICIPANTS IN CRIMINAL PROCEEDINGS § 5.
Witness: concept, rights and obligations The last participant in criminal proceedings, who is assigned a separate article in Chapter.
The participation of a translator in enforcement proceedings implements the principle national language enforcement proceedings, which is characteristic of a number of procedural branches of law, including enforcement proceedings (Art.
Before the commencement of enforcement actions and (or) the application of compulsory enforcement measures in which a witness participates, the bailiff explains to him the duties and rights of the witness.
It is unlikely that anyone can guarantee (control) someone's “perception”.
He is unfamiliar with the criminal procedural requirements for the investigative action procedure, and only in connection with this circumstance cannot know whether it was carried out correctly or not.
Lecture 8
On the contrary, disinterest in the outcome of the case is for them (except for the witness) prerequisite involvement in the case.A witness is a person in respect of whom there is reason to believe that he knows any circumstances in a criminal case, called by the body conducting the criminal process to testify or giving evidence (Article 60 of the Code of Criminal Procedure). Thus, in order to attract a person as a witness in a case, reliable knowledge that he has some information of interest to the investigation or the court is not required; the assumption that he may know such information is sufficient. The witness is obliged to appear when summoned and give truthful testimony.
If we spend a lot of time with a person, wandering around city cafes or chatting on the phone, this does not mean that we have a real friend next to us. Mistakes in fake friends can cost us dearly - from specific evil in our personal lives to the collapse of our careers, and when we come across the falseness of relationships that were considered friendly, we can experience a sea of destructive emotions: from a slight sobering shock to severe life disappointment. How to determine who is in front of you - a friend or an enemy?
And it’s easier to determine than it seems. The main thing is not to deceive yourself and look at the relationship objectively. If a “friend” brings negativity into your life, if you constantly feel mentally “beaten” during communication, if you don’t understand why his mood deteriorates in his presence, and with indirect participation troubles and losses occur - you should think carefully about whether you should continue trusting relationships.
What are the signs of a fake friendship?
True attitude shows in the little things. Observe how the person you consider a friend treats you. Does he push you into negative habits, does he quarrel with your loved ones? Has it ever happened that, thanks to meeting him, you got into trouble - you drank too much, deceived a loved one, experienced real damage, moral or material? Does your friend often break promises? Doesn't he only show up when he needs something? Helped you when you had difficulties? Did you support me in joy? Does he often lie to you? Honest answers to such questions will not allow you to stay.
There is no need to see hidden enemies in all people whose communication brings trouble. It is important to understand who is in front of you - a conscious enemy or an unconscious ill-wisher? Conscious enemy secretive, it is precisely this person who is most difficult to bring out into the open. Such a person has been preparing a trap for another for years if he wants to take revenge for something. Sometimes a secret enemy, cleverly pretending to be a friend, gains so much trust that he can then easily destroy your entire life - both personal and social. With those who unconsciously harm you, you will feel awkward, bad luck and chronic fatigue.
Your friend is a loser or a gray person, he doesn’t aspire to anything in life? Such people often have unconscious envy, jealousy, or a desire to lower your “rating” in order to balance out their inferiority complexes. If a friend emphasizes your lack of ambition, know that he will try his best to subtly lower your self-esteem and pull you down. Such friends often contribute to making you the same gray, uninteresting loser; it’s easier for them to communicate with you.
Dangerous quiet envious people. Does your friend keep his eyes on your date or companion? Does he say flattering compliments to your significant other out loud, emphasizing his loyalty during small misunderstandings or temporary discord? Admires the car, the house and at the same time says that he would like the same benefits, but “not with his happiness”? You should be extremely careful in dealing with such people. It is precisely such quiet people who take away girls and boys, “sit on” at work, blurt out the secrets you have entrusted to your ill-wishers, or start gossiping and talking about you behind your back.
True friend - not necessarily a comfortable person. He may be indignant if he feels inequality in the relationship and will demand help using all your capabilities and connections in order to become equal. He will not discuss his “other half”, comparing him with yours, and will not tear you away from your family and detain you over a glass of beer if you are expected at home. Your success will be perceived with undisguised joy and admiration, despite the humorous caustic remark that you do not deserve such luck. A true friend can cause a scandal for you if he feels inattention and being ignored, and tells you the truth to your face - but he will do it in private, and not in public. Criticizing the fruits of your activities, he will definitely tell you how to improve the situation. He doesn’t mind his time if you’re in trouble, even though outwardly it’s sometimes accompanied by grumbling. He may have a bad character! But this person has the main quality: he will never betray you.
We meet people, communicate, get to know each other better and, based on what we hear or see, we draw conclusions whether we like the person or not. On an intuitive level, we enjoy communicating with like-minded people. But how do you know if friendly feelings are mutual?
Instructions
As the simple truth goes, a friend is made in need. But trouble can be different. For a student, a real disaster is a test for which he was not prepared. Will his friend help him out in this case? He can let you write off, just so that he stops poking him with a pen, or he can deliberately turn away to give a lesson for life, showing what frivolity leads to. At the same time, he will sincerely regret his refusal to help. When trouble happens and many turn away, you need to turn to those who are nearby. It is those units who remained in difficult times to support a person not only in word, but also in deed, who deserve to be called.
A true friend will always stand up for his comrade, even if the power is on the other side and reprisals are inevitable. That's what friends are for, to get into stories together and get out of them just as amicably and together. A doubtful friend, at best, will call someone else, or retreat from the scene.
To test a friend's strength, you can create artificial problem yourself. For example, spread an unpleasant rumor about yourself and wait for the reaction of your friends. Those friends who support a rumor about an unpleasant story and begin to whisper about this with other comrades, promoting the rumor to the masses, do not deserve to be called friends. And whoever swallowed the fictitious rumor, as if it never existed, continuing to communicate with you sincerely, is recognized as the best and most reliable friend. It happens that sincere friends are very difficult to meet in life, not everyone passes the test, but, nevertheless, confidence in your neighbor never hurts.
Video on the topic
Sometimes it can be very difficult to determine who is our friend and who is our enemy. We often mistakenly mistake those who are capable of betrayal for close people. This happens because there are rules of decency, which for some people develop into flattery. So it seems that if a person smiles and says nice things, it means he is a friend. But it turns out that everything is not so simple. So how can you recognize that same true friend, whose words and actions are absolutely sincere?
Instructions
Remember that close person will never spare time for you. He will happily agree to meet and find a “window” even in the busiest schedule. He will not look for excuses or reasons not to see each other, but, on the contrary, he will try to find a reason for such a pleasant event. A shopping trip, lunch in a cafe, a walk - everything will be accepted with a smile. And how sincere she is, you have to understand.
Video on the topic
While driving along the highway, many motorists and professional drivers often use various gestures to communicate with each other. To understand each other on the road, you will have to study the special language of headlights and turn signals, the unwritten laws of the route and other nuances.
Instructions
If this is your first time driving a car and you don’t yet know how to understand each other in English, first learn the language of turn signals and headlights, which is available to absolutely all “experienced” drivers. First, learn how professional drivers use signals to signal each other for a long time while driving. If you notice how the driver of the car from the next row is trying to make gestures and honks frantically, keep in mind that this signal indicates some kind of problem with your car and the other driver is trying to inform you about it. For example, your car may have a lowered door, the back door is slightly open, or the gas tank hatch is open.
To understand each other on the road, secondly, consult with professional drivers, including your driving school instructor. They will certainly tell you how the signals are sent, combined thanks to the turn signal beacons, headlights and the activation of the hazard warning lights. So, remember the most popular signal among drivers - when a car traveling towards you briefly blinks its headlights twice, turning on only the high beam. This sign may warn you that a traffic police officer with a radar is waiting for you on the highway in a hundred meters. Pay special attention to uninterrupted short signals given by the high beam headlights, since such signs are a timely warning about increased danger on your route.
This could be a pillar that has fallen on the highway, a fallen tree, an accident, repair work, or a large unfenced hole - obstacles that every driver must prepare to face. Thirdly, the unwritten laws of the highway provide for warnings to other road users about their future maneuvers, and many such signs are not included in the traffic rules. Therefore, when driving, always look to see if other drivers are making “secret signs” to you. Many of the signals relate to one of the most difficult maneuvers - overtaking the next car in front in the oncoming lane.
If you do decide to get out in your car, be sure to turn on the left turn signal, as provided for in the traffic rules, but by leaving it on until the maneuver is completed, you thereby show the motorists moving behind you that following you is absolutely safe for them. But if you notice an oncoming car ahead, as soon as you manage to line up in the correct lane for you, immediately turn off the left turn signal and turn on the right one - with this action you will warn the drivers moving behind you that such overtaking is becoming dangerous for them.
Video on the topic
Related article
The question of whether friendship is possible between a man and a woman did not arise out of nowhere. Often friendly participation is perceived as something great, and the collapse of hopes becomes the cause of painful experiences.
Instructions
If you are not going to change the format of your relationship with your friend, try not to provoke him to take active steps to win your heart. Don't flirt with him or have ambiguous conversations that he could interpret as encouragement.
Ask him what he values in , and then talk about your ideal man so that your friend does not have the illusion that you are talking about him. To be sure, you can add: “I have not yet met such a person, and it is unknown whether I will.” If you have a close man, let your friend know about it if necessary.
Say more often, “You are a true friend” or “Thanks to you, I am convinced that friendship between a man and a woman exists,” if you think that he is counting on a warmer attitude. At the same time, you should not gently squeeze his hand, looking into his eyes and smiling invitingly.
If the guy still decides to declare his love, say simply and firmly something like: “I treat you very well, you are a wonderful person, and many girls will be happy to date. And I love you as a friend and as a... Let’s not complicate things and spoil our relationship.”
If necessary, you can introduce a friend to your boyfriend. Let your friend make sure that you are not going to break up with your loved one. Otherwise, unfounded hopes can feed illusions for a long time, prolonging his suffering.
You can try to introduce your friend to a nice girl who you think he might like and take his attention away from you. Even if this does not happen, the guy will understand that you really treat him exclusively in a friendly manner, wish him happiness, but do not see him as a groom or lover.
Decency
Assess how decently your friend behaves towards you. A true comrade will not use you for his own purposes. When a person can easily refuse an appointment with you or only calls if he feels bad, think about whether you need such a friend.
Determine how honest your friend is with you. If a loved one often deceives you, it means he has something to hide. True friends should share their innermost thoughts or at least not mislead each other. Otherwise, there can be no question of any sincere relationship.
What matters is how your friend behaves with you. Notice whether he behaves kindly, on an equal footing, or tries to assert himself at your expense with the help of seemingly innocent witticisms and exposing you to others in a far from favorable light.
Support
Think about how much you can rely on your friend. A reliable friend will always try to come to your aid, unlike just a good friend. Remember situations when you asked this individual for a favor. If you've been rejected more often than not, this might not be the person for you.
See how much your friend is able to listen, understand and support you. A true comrade will try to understand your problem. And if your friend does not ask you clarifying questions, does not give any comments and does not react in any way to your presentation of his problems, perhaps this person is too fixated on himself, or he is not really interested in you.
A true friend will try to take care of you. If you don't feel supported, it may be that the person's attitude towards you is not entirely sincere. Pay attention to whether this individual respects you, whether he accepts your interests and your character flaws.
A look at yourself
Before assessing how committed your friend is to you, look at his own behavior. Maybe your friend's attitude is a consequence of how you treated him. If you yourself sometimes use him, don’t miss the chance to make fun of him, don’t show him support and respect, don’t strive to get closer to a friend and find common interests, you can only count on the same attitude.
Therefore, before you conduct an audit among your friends and criticize their actions, think about whether you yourself know how to be friends, and whether you are worthy of a true friend. A true comrade is a kindred spirit and a gift from fate. It must be protected and appreciated. If you don’t know how to do this yet, then don’t expect to be treated like this.
Video on the topic
The strongest friendship is considered to be the one that began with early childhood. Since you have seen this person from an early age, you know a lot about him, just as he does about you.
The present and strong friendship in life every person should feel and feel with all his soul. This is wonderful.
If this is your person, then he will support you in all your endeavors, instill confidence in you and encourage you. If this does not happen, then he is not interested in your life and your problems, and, therefore, you.
A good friend knows how to listen and also share his own experience on the situation you need.
A true friend trusts you with personal secrets and also does not share yours. He is not afraid of being deceived, because he trusts you as he trusts himself.
A friend will not leave you if you find yourself in a difficult situation. life situation. But he will only try to help you get out of it without consequences. Appreciate it. Try to make your friend feel needed too.
Consider whether your friend has other reasons to be friends with you. If you come to the conclusion that he needs you, then this is your man! Try to maintain friendship with him.
Friendship is one of the best things in life. Friends we can be confident in are definitely better than others. A true friend can be difficult to distinguish from an acquaintance, but the difference is significant. True friends are people you can turn to in any situation. And you know they are always on your side, no matter what. Use our guide as a guide, determine who is around you!
How a true friend behaves
1. Will support you in all your endeavors
Be it new look dancing, rock climbing, changing jobs, or starting your own business. A true friend will be with you, no matter what path you take.
2. Loves your nonsense
We sometimes do stupid things or just fool around a little. A true friend loves you and your stupidity too. If they are true friends, you will do stupid things like this together and have fun.
3. Will forgive you everything
Sometimes we may do not very good things, even by mistake. With fake friends, it can cost you your friendship. True friends know that no one is perfect and are willing to accept that. They will forgive you because you are of much more value to them than stupidity or a mistake.
4. It doesn’t matter what or how - he is always on your side
It doesn’t matter who you’re in disagreement with, what the reason is, whether you’re right or wrong, a true friend is always on your side. Such a friend will always support and help in any situation, without even asking what’s wrong. And this is what real friends do!
5. Support in a new business
As we grow older, we discover new facets of ourselves, we develop new interests. Perhaps not at all similar to those we had before. A fake friend will start making fun of you and will try in every possible way to return you to the status quo. A true friend will allow you to be yourself and support you in exploring an unknown part of yourself.
6. Knows your little flaws
We all have our little quirks (whims in the morning, strange behavior after an extra glass of martini, love for food at 12 at night), and only true friends know this. No one else can get to know you that well because true friends notice such little things. Believe me, this is a good sign.
7. Keeps in touch
Fake friends only call you when they want something or wouldn't mind hearing new gossip. True friends always stay in touch, regardless of time and circumstances, simply because they care about you and what is happening in your life. They don't need to know the latest juicy detail about your relationship. They care what you had for lunch.
8. Knows how to keep secrets
If you want to trust your little secret and not be afraid that tomorrow everyone will know about it, then you can only trust a friend. Fake friends will not perceive the secret properly, but will treat it as something mundane and insignificant. A true friend respects you, and only you two will know about the secret.
9. You don't need to impress him.
If you need to come up with an outfit, do your hair and put on jewelry just for a walk, these are unlikely to be real friends. True friends don't care, they just want to spend time together. Whether you're in tracksuit or evening wear - it doesn't matter.
10. He always has time for you
It doesn’t matter if your friend only has an hour between work and the gym, he is always ready to meet, even if only for a short time. And this is not at all a question of being busy; a true friend sincerely wants to spend time together.
11. Always ready to lend your shoulder
The big difference between a real friend and a fake one is how they behave through thick and thin. If you're feeling like you're having a bad day, a fake friend will awkwardly pat you on the shoulder and try to change the subject. A true friend will open his arms and let you talk, even if it takes all night. True friends are always ready to be there - when you are sad and when you are happy.
Are you trying to determine whether the friends around you are real? Our guide will help you. It's time to be yourself and surround yourself with real, sincere people.
We often mistake selfishness for kindness, friendship and being close to us for friendship, affection for love. We confuse these concepts because we really want to wishful thinking, but the truth emerges too late.
There are people like bad friends, they literally poison your life. Sometimes they understand what they are doing, and sometimes they manage to ruin your life by themselves, one might say, at the level of the unconscious. Precious time spent with them eludes you, and the negativity coming from them ruins your life. How to determine that your friend is negative, poisons your existence and slows down your development?
1. He drains you. After being with him, you feel like you've been squeezed hard - unpleasant, right? Real friends leave a slightly different feeling - elation, a pleasant mood. It was as if I had rested.
2. They are hostile to change. You can’t tell them how many positive things have happened in your life lately, because you remember very well that they recently gave something important to you a negative assessment.
3. They do negative things. They cheat on their wives, drink too much, lie.
4. Their life values and interests are strikingly different from your own. If it's not even a conflict of interest, dude. People with different values and opposing interests mix like oil and water. That is, no way.
5. They are unreliable. They always break promises.
6. They are with you when they need it. The rest of the time you don't hear or see them.
7. They are not eager to see you. You go to them with all your heart, and they...
8. They are jealous of you. All these, dude, “What kind of car do you have, and girl, I want one of these.”
9. They have zero ambition. Watch out bro, lack of ambition is contagious. As the saying goes, "You can't soar like an eagle while you're hanging out with turkeys."
10. They often make you angry. You can just imagine how you hit their heads with such a good stone.
How to get rid of them?
1. Stop reacting to these “I’m so devastated!”, “I’m depressed because of my boss,” “My girlfriend is such a bitch, can you stop by for a beer?” Gently ask them to find someone else since you are busy. It's a great step back to realize what kind of people they are!
2. Take control of the conversation. When you feel that the conversation is slipping into traditional negative topics, switch to something positive. We think that this will infuriate the dude beyond words. Maybe he will say that you are selfish, but that’s okay, be prepared for the consequences.
3. Don't be rude back to them. They may say something rude to you, but you shouldn't be rude in return. Why waste precious words on these people?
4. Be honest. Some people really do not understand that they have frankly harmful tendencies in their character. Tell them directly: “Dude, I feel like you are ignoring me and generally treating me negatively until you need something from me.” You can also easily say: “You’re too negative, let’s talk about something positive.”
If you want to completely cut this person out of your life
1. Don't answer his calls. If you cross paths with him on official business, reduce communication to pragmatic informational contact. If you want, you can find a reason and be offended by him for something.
2. Say firmly that you've had enough. If you have decided that you have had enough of a harmful influence on your life, tell him directly: “I don’t want to communicate with you right now.”
3. Make new friends. Seriously, take it all free time new friends, and these people will fade into the background.
