Punishing drivers for videotaping is illegal - expert Fazil Mammadov

Salon DVRs are common among Azerbaijani drivers, a record of which can be proof of their innocence in the event of a traffic accident. Video recordings are also used for submission to court when a traffic police officer violates the rights of drivers. However, the Main Directorate of Traffic Police stated to the press that drivers stopped by traffic police officers would be prosecuted under Articles of the Code of Administrative Violations (CAV) for filming the moment they stopped and for distributing these videos in social networks. This statement appeared shortly after the ban on fixing recording devices to the windshield in Russia.

Fazil Mammadov, the chair of the Society for Assistance to Drivers, did not find in the Azerbaijani laws a ban on video filming of the traffic police and its distribution. "I did not find such an article in the Administrative Code, and even if it exists, it goes against the main law of the state - the Constitution. Article 32 of the Basic Law prohibits the collection, storage, use and dissemination of information about someone"s personal life without his consent. With the exception of cases established by law, no one can be subjected to tracking, video and photographing, voice recording and other similar actions without his knowledge. However, employees of the traffic police are on duty and do not fall under this Article, since at work they are not individuals, but, depending on the position, legal, official or official persons," Mammadov said.

The Law "On Police", Article 6 ("Publicity in the activities of the police") states that the police, in accordance with the legislation of the Republic of Azerbaijan, shall inform the state authorities and the population about their activities. "That is, the work of the police is public. Based on this Article, there are no violations in taking the video of the work of the police.

Those who support the punishment of drivers can apply the Article 8 of the law on the police "Inadmissibility of interference with the police". The Article reads "The restriction of a person, other than those authorized by law, for one reason or another, to legitimate police activities, influencing her and interfering with her is unacceptable and entails responsibility in the manner prescribed by the legislation of the Republic of Azerbaijan."

However, the video of the police cannot be interpreted as "obstruction of work." How does a citizen restrict police activities if he is filming or taking pictures of a police officer? If a police officer performs his duties without breaking the law, then he has nothing to fear.

They are afraid of publicity those police officers who violate the law work unfairly. The leadership of the Ministry of Internal Affairs should encourage active citizens - public controllers, and not to pursue them.

Our legislation does not prohibit taking pictures, making videos, but it does not suit the authorities of the traffic police. They are worried that such videos in social networks will break the ideal picture that they paint in their winning releases.

I believe that every driver should have a registrar. In some cases, this is the only and undeniable witness who can help you to avoid unlawful punishment, Fazil Mamedov concluded.

The State Duma of Russia adopted amendments that prohibit the use of DVRs and navigators attached to the windshield, FederalPress reported on December 24, 2018. For "additional items or reusable cover, limiting visibility from the driver's seat," will be charged a fine of 500 rubles along with the confiscation of such a device.