The right of police officers to use special means and firearms. A police officer has the right to use light and acoustic special means, as well as means of destroying obstacles. Use of physical force of the federal law on the police test

Technique and Internet 09.07.2019

1. A police officer has the right to use special means personally or as part of a unit (group) in the following cases:

1) to repel an attack on a citizen or a police officer;

2) to suppress a crime or an administrative offense;

3) to suppress resistance to a police officer;

4) to detain a person caught committing a crime and trying to escape;

5) to detain a person if this person can offer armed resistance;

6) to deliver to the police, escort and protect detainees, persons taken into custody, subjected to administrative punishment in the form of administrative arrest, as well as in order to prevent an attempt to escape, if a person resists a police officer, causing harm to others or to himself;

7) for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;

8) to suppress mass riots and other unlawful actions that violate the traffic, the operation of communications and organizations;

9) to stop vehicle, the driver of which did not comply with the request of a police officer to stop;

10) to identify persons who commit or have committed crimes or administrative offenses;

11) to protect protected objects, block the movement of groups of citizens committing illegal actions.

2. A police officer has the right to use the following special means:

1) special sticks- in the cases provided for in paragraphs 1-5, 7, 8 and 11 of part 1 of this article;

2) special gas products

3) mobility restraints- in the cases provided for in clauses 3, 4 and 6 of part 1 of this article. In the absence of means of restricting mobility, a police officer has the right to use improvised means of binding;

4) special coloring and marking agents- in the cases provided for in clauses 10 and 11 of part 1 of this article;

5) electroshock devices- in the cases provided for in paragraphs 1-5, 7 and 8 of part 1 of this article;

6) light shock devices- in the cases provided for in paragraphs 1-5, 7 and 8 of part 1 of this article;

7) service animals- in the cases provided for in paragraphs 1-7, 10 and 11 of part 1 of this article;

8) light and acoustic special means

9) means of forced stopping of transport- in the cases provided for in clauses 9 and 11 of part 1 of this article;

10) means of restraining movement- in the cases provided for in paragraphs 1-5 of part 1 of this article;

11) water cannons- in the cases provided for in clauses 7, 8 and 11 of part 1 of this article;

12) armored vehicles- in the cases provided for in clauses 5, 7, 8 and 11 of part 1 of this article;

13) means of protection of protected objects(territories), blocking the movement of groups of citizens committing unlawful acts - in the cases provided for by clause 11 of part 1 of this article;

14) means of breaking barriers- in the cases provided for in clauses 5 and 7 of part 1 of this article.

(From Article 21 of the Police Law)

The use of special means by police officers of the Ministry of Internal Affairs of Russia

The use of special means personally or as part of a unit (group) is an inalienable right of a police officer of the Ministry of Internal Affairs of Russia, provided for by federal constitutional laws Russian Federation and federal laws of the Russian Federation.

The basis for the use of special means are the conditions under which non-forceful methods do not ensure the fulfillment of the duties assigned to the police to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, to combat crime and to protect public order, property and ensure public safety.

For the first time the term "special means" began to be used in legislative acts former USSR in 1978

Modern special means should be understood as being in service with the police and used by it in cases and in the manner prescribed by law, technical products (devices, objects, substances) and service animals, the main purpose of which is to provide direct coercive physical impact on a person or any material objects.

Special funds, which are in service with the units of the Ministry of Internal Affairs of Russia, are divided into: personal armor protection equipment (NIB); means of active defense (SAO); means of providing special operations (SOO).

Active defense means are designed to actively influence offenders in order to repel an attack, suppress disobedience and limit physical resistance.

Active defense means include: special rubber sticks; handcuffs; cartridges with a rubber bullet of shock non-penetrating action; hand gas grenades; cartridges with gas grenades; aerosol packages; special carabiners; a set of nozzles for a carabiner; signal pistols; gas pistols and cartridges for them; electroshock devices.

Special sticks, which are in service with the police of the Ministry of Internal Affairs of Russia, can be used in the following cases:








When using a special stick, striking the head, neck, clavicular region, abdomen and genitals is prohibited. It should be noted that these restrictions apply only to the initiative, offensive nature of the use of a stick by a police officer. If the stick is used as a means of defense in a state of necessary defense, then blows can be delivered at the discretion of the defender, depending on the nature and degree of danger of the attack, the strength and capabilities of the police officer to repel encroachments. Under these conditions, blows can be applied, among other things, to the head, neck, stomach, etc. In this case, all circumstances affecting the real balance of forces of the encroaching and defending parties (the number of encroaching and defending police officers, age, physical development, the presence of weapons, the place and time of the attack, etc.). When an offense is committed by a group of persons, the defending police officer has the right to apply to any of the attackers such protective measures that are determined by the danger and nature of the actions of the entire group.

A very wide range of internal affairs bodies at the disposal special means containing tear substances: hand gas grenades "Bird cherry-1", "Bird cherry-5", "Bird cherry-6", "Bird cherry-12", "Lilac-1", "Siren-6", "Lilac-12" and their other modifications, hand aerosol grenade, tear grenade for underbarrel grenade launcher, cartridges with gas grenades "Bird cherry-4", "Bird cherry-7", "Lilac-7", aerosol packages "Bird cherry-10", "Bird cherry-11", knapsack liquid apparatus , special carbines ("KS-23", "KS-23M"), a set of nozzles for the carbine KS-23 "Nozzle", a signal pistol SP-81, a gas pistol with ammunition.
It should be noted that the Federal Law "On Detention of Suspected and Accused of Committing Crimes" gas weapons in places of detention, an independent article 46 is devoted.
Tear gas used by the police of the Ministry of Internal Affairs of Russia can be used in the following cases:
- to repel an attack on a citizen or a police officer;
- to suppress a crime or an administrative offense;
- to suppress resistance to a police officer;
- to detain a person caught committing a crime and trying to escape;
- to detain a person if this person can offer armed resistance;
- for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;

Handcuffs- a device in the form of two snap rings with locks connected to each other, used by law enforcement agencies or the military to restrict the detainee's freedom of action. Handcuffs are put on the hands of criminals, prisoners.
Handcuffs (BR, BR-S, BKS-1, BOS) used by the police of the Ministry of Internal Affairs of Russia are used:
- to suppress resistance to a police officer;
- to detain a person caught committing a crime and trying to escape;
- to deliver to the police, escort and protect detainees, persons taken into custody, subjected to administrative punishment in the form of administrative arrest, as well as in order to prevent an escape attempt, if a person resists a police officer, causing harm to others or to himself.

Special coloring and marking agents(special ink, luminescent pencils, solutions of rivanol, phenolphthalein, tetracycline, etc.) are used to identify persons who commit or have committed crimes. On property objects, special coloring agents ("chemical traps") are installed with the consent of the owner or a person authorized by him.
Special coloring and marking agents used by the police of the Ministry of Internal Affairs of Russia are used:
- to identify persons who commit or have committed crimes or administrative offenses;
- to protect protected objects, block the movement of groups of citizens who commit illegal acts.

Electroshock devices - the new kind special means, adopted in 1999 for the armament of the internal affairs bodies.
Electroshock devices used by the police of the Ministry of Internal Affairs of Russia are used:
- to repel an attack on a citizen or a police officer;
- to suppress a crime or an administrative offense;
- to suppress resistance to a police officer;
- to detain a person caught committing a crime and trying to escape;
- to detain a person if this person can offer armed resistance;
- for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;
- to suppress mass riots and other unlawful actions that disrupt traffic, communication facilities and organizations.

Application spectrum light shock devices unusually wide: the structures of the Ministry of Internal Affairs (traffic police, UVO, PPS), the Ministry of Emergency Situations, municipal and communal services (ambulance, emergency gas service), road services effectively use these devices to designate their cars.
Light-shock devices used by internal affairs bodies and internal troops of the Ministry of Internal Affairs of Russia are designed to create high levels of illumination when objects are detected, blinding and psychologically influencing offenders.
Light-shock devices used by the Ministry of Internal Affairs of Russia are used in the following cases:
- to repel an attack on a citizen or a police officer;
- to suppress a crime or an administrative offense;
- to suppress resistance to a police officer;
- to detain a person caught committing a crime and trying to escape;
- to detain a person if this person can offer armed resistance;
- for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;
- to suppress mass riots and other unlawful actions that disrupt traffic, communication facilities and organizations.

Ever since a man tamed a dog, it has served him faithfully: it protects the house from uninvited guests, does an excellent job as a shepherd, helps to save people during emergencies, transports goods in a team and performs many other necessary duties.
Service dogs- a group of breeds of domestic dogs of various origins used for shepherd, sled (draft), security and other types of service. Service dogs have a well-developed instinct to protect the owner, his belongings, at home. The vast majority of service dogs are vicious, distrustful of strangers, and well trained.
Service dogs used by the police of the Ministry of Internal Affairs of Russia are used in the following cases:
- to repel an attack on a citizen or a police officer;
- to suppress a crime or an administrative offense;
- to suppress resistance to a police officer;
- to detain a person caught committing a crime and trying to escape;
- to detain a person if this person can offer armed resistance;
- to deliver to the police, escort and protect detainees, persons taken into custody, subjected to administrative punishment in the form of administrative arrest, as well as in order to prevent an escape attempt, if a person resists a police officer, harms others or themselves;

Light and acoustic special means, used by the internal affairs bodies and internal troops of the Ministry of Internal Affairs of Russia, are designed to suppress the psycho-volitional stability of armed criminals by exposing them to light and acoustic impulses. These include: light and acoustic means of distraction; broadcasting stations.
Light and acoustic special means used by the police of the Ministry of Internal Affairs of Russia are used in the following cases:
- to detain a person if this person can offer armed resistance;
- for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;
- to suppress mass riots and other unlawful actions that disrupt traffic, communication facilities and organizations;
- to protect protected objects, block the movement of groups of citizens who commit illegal acts.

Forced stop vehicle("Hedgehog", "Diana", "Harpoon", etc.) is used for the forced stop of wheeled cars and trucks.
The means of forced stopping of transport used by the police of the Ministry of Internal Affairs of Russia are used:
- to stop a vehicle whose driver has not complied with the request of a police officer to stop;
- to protect protected objects, block the movement of groups of citizens who commit illegal acts.
It is forbidden to use means of forced stopping of transport in relation to public vehicles and trucks intended for the transport of people (if there are passengers), vehicles belonging to diplomatic missions, motorcycles, sidecars, scooters, mopeds, as well as on mountain roads or sections of roads with limited visibility , railway crossings, bridges, viaducts, overpasses, in tunnels.

Means of constraining movement are designed to limit the ability of an armed offender to move and do not allow active resistance during detention.
The means of restraining movement used by the police of the Ministry of Internal Affairs of Russia are used:
- to repel an attack on a citizen or a police officer;
- to suppress a crime or an administrative offense;
- to suppress resistance to a police officer;
- to detain a person caught committing a crime and trying to escape;
- to detain a person, if this person can offer armed resistance.

Water cannons("Avalanche", fire tanker ATs-40) are used to disperse rioters and extinguish a fire with a pressurized water jet. It is forbidden to use them at temperatures below 0 degrees. C. During the dispersal of rioters, fire engines of paramilitary fire departments were usually used, but with the adoption of the Federal Law "On Fire Safety", it was forbidden to involve the fire department "in actions to prevent, eliminate socio-political, ethnic conflicts and riots", their use for these purposes has become problematic.
Water cannons and water cannons are designed to eliminate fires and impact on rioters, a rampaging crowd with water jets in order to disperse it with a pressurized water jet.
Water cannons and water jet machines are used by the police of the Ministry of Internal Affairs of Russia:
- for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;
- to suppress mass riots and other unlawful actions that disrupt traffic, communication facilities and organizations;
- to protect protected objects, block the movement of groups of citizens who commit illegal acts.

armored vehicles (fighting machine landing (BMD-1), armored personnel carriers (BTR-60PB, BTR-80, etc.), combat reconnaissance patrol car(BRDM-2), infantry fighting vehicle (BMP)) are designed to escort columns, can transport personnel and cargo, serve as a base for weapons, for transporting persons under conditions of enhanced security.
Armored vehicles, in addition, are used to carry out operations to detain armed criminals, block possible routes for the movement of rampant groups of offenders, form passages in barriers, deliver personnel to hard-to-reach areas.
Armored vehicles used by the police of the Ministry of Internal Affairs of Russia are used:
- to detain a person if this person can offer armed resistance;
- for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;
- to suppress mass riots and other unlawful actions that disrupt traffic, communication facilities and organizations;
- to protect protected objects, block the movement of groups of citizens who commit illegal acts.
Water cannons and armored vehicles are used only at the direction of the head of the internal affairs body, the head of the criminal police, the head of the public security police, with subsequent notification of the prosecutor within 24 hours from the moment of use.

Means of protection of protected objects(territories) are used to block the movement of groups of citizens who commit illegal acts.
Means of protection of protected objects used by the police of the Ministry of Internal Affairs of Russia are used:
- to protect protected objects, block the movement of groups of citizens who commit illegal acts.

Means of destroying barriers(small-sized explosive devices "Key", "Impulse", etc.), which are in service with the internal affairs bodies of the Ministry of Internal Affairs of Russia, are used:
- to detain a person if this person can offer armed resistance;
- for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots.
It is forbidden to use them in the premises where the hostages are located, and at a distance of less than two meters from the person.

All types of special means, in addition, can be used in all cases where it is possible to use firearms to defeat a person:
- to protect another person or oneself from encroachment, if this encroachment is accompanied by violence dangerous to life or health;
- to suppress an attempt to seize firearms, a police vehicle, special and military equipment, which are in service (providing) to the police;
- for the release of hostages;
- to detain a person who is caught committing an act containing signs of a grave or especially grave crime against life, health or property, and who is trying to escape, if it is not possible to detain this person by other means;
- to detain a person providing armed resistance, as well as a person refusing to comply legal requirement on the surrender of weapons, ammunition, which are with him, explosives, explosive devices, poisonous or radioactive substances;
- to repel a group or armed attack on buildings, premises, structures and other objects of state and municipal bodies, public associations, organizations and citizens;
- to prevent the escape from places of detention of persons suspected and accused of committing crimes or escape from the escort of persons detained on suspicion of committing a crime, persons in respect of whom a measure of restraint in the form of detention has been applied, persons sentenced to deprivation of liberty , as well as to prevent attempts to forcibly release these persons.

1. A police officer has the right to apply physical strength, special means and firearms personally or as part of a unit (group) in the cases and in the manner provided for by federal constitutional laws, this Federal Law and other federal laws.

2. The list of special means, firearms and cartridges for them, ammunition in service with the police is established by the Government of the Russian Federation. It is not allowed to adopt special means, firearms and cartridges for them, ammunition that inflict excessively severe injuries or serve as a source of unjustified risk into the arsenal of the police.

3. In a state of necessary defense, in case of emergency or when detaining a person who has committed a crime, a police officer, in the absence of the necessary special means or firearms, has the right to use any means at hand, as well as on the grounds and in the manner established by this Federal Law , use other weapons not in the arsenal of the police.

4. A police officer is required to undergo special training, as well as periodic testing for professional suitability for actions in conditions associated with the use of physical force, special means and firearms.

6. The right to use light and acoustic special means, as well as means of destroying obstacles, has a police officer in due course the appropriate permit.

7. A police officer who has not passed a test for professional suitability for actions in conditions associated with the use of physical force, special means and firearms, is certified for compliance with the position being substituted. Until a decision is made on the suitability of the position to be occupied, the police officer shall be suspended from performing duties related to possible application physical force, special means and firearms.

8. Excess of authority by a police officer when using physical force, special means or firearms shall entail liability established by the legislation of the Russian Federation.

9. A police officer is not liable for harm caused to citizens and organizations when using physical force, special means or firearms, if the use of physical force, special means or firearms was carried out on the grounds and in the manner established by federal constitutional laws, this Federal law and other federal laws.

1. The list of special means, firearms and cartridges for it, as well as ammunition, which are in service with the police, is established:

a) the President of the Russian Federation;

b) the Government of the Russian Federation;

c) the Minister of Internal Affairs of the Russian Federation;

d) the General Prosecutor's Office of the Russian Federation.

2. What should a police officer do before using physical force, special means or firearms:

a) name their position, rank, surname, present an official certificate at the request of a citizen, and then inform about their intention;

b) explain to him the reason and grounds for the application of coercive measures, as well as the rights and obligations of a citizen arising in connection with this;

c) make sure that the citizen does not want to comply with his legal requirements;

d) inform the persons against whom the use of physical force, special means or firearms is intended that he is officer, warn them of his intention and give them the opportunity and time to comply with his lawful demands.

3. In what way is a police officer obliged to warn a person against whom the use of physical force, special means or firearms is expected on legal grounds:

b) blow the whistle;

c) make any hand gesture;

d) The Federal Law “On Police” does not define the method of warning a person against whom the said measures are supposed to be applied.

4. In which case a police officer has the right not to warn about his intention to use physical force, special means or firearms:

a) if delay in their application creates a direct threat to the life of a citizen or a police officer;

b) if delay in their application may lead to other grave consequences;

c) if delay in their application creates a direct threat to the health of a citizen or a police officer;

d) in all of the above cases.

Does a police officer have the right to use special means to suppress illegal meetings, rallies, demonstrations, marches and pickets, if the events are non-violent, do not violate public order, transport, communications and organizations

a) yes, if the established procedure for organizing or holding a meeting, rally, demonstration, march or picket has been violated;

b) yes, it has the right to stop any illegal events with a mass stay of people;

c) no, the use of special means in this situation is prohibited;

d) no, only to suppress riots and other unlawful acts that disrupt traffic, communication facilities and organizations.


6. In what cases a police officer has the right to use means of forced stopping of transport:

a) in order to ensure road safety;

b) if it is necessary to use the vehicle for official purposes;

c) to stop a vehicle whose driver has not complied with the request of a police officer to stop.

7. To repel an attack, a police officer has the right to use any available means, regardless of whether he has the necessary special means or firearms:

a) yes, he has the right, taking into account that the improvised means used do not cause excessive harm to the life, health and property of citizens;

b) has the right only if the police officer does not have the necessary special means or firearms;

c) yes, it has the right, if the current operational situation allows;

d) The Federal Law “On Police” does not establish such a right for police officers.

8. What types of special means can be used by a police officer only with the appropriate permit obtained in the prescribed manner:

a) light shock devices;

b) light and acoustic special means, means of destruction of obstacles;

c) means of forced stopping of transport;

d) means of constraining movement.

9. Which police officer has the right to use light and acoustic special means, as well as means of destroying obstacles:

a) a police officer who has successfully passed a periodic test for suitability for action in conditions associated with the use of special means;

b) a police officer who has a service certificate of the established form;

c) a police officer who has received an appropriate permit in accordance with the established procedure;

d) a police officer who, in accordance with the established procedure, has received a document confirming that he has completed training in the relevant training programs.

10. A police officer who has not passed a test for professional suitability for actions in conditions associated with the use of physical force, special means and firearms:

a) is sent to additional training, upon completion of which he re-takes a test for professional suitability for actions in conditions associated with the use of physical force, special means and firearms;

b) is brought to disciplinary responsibility and re-takes a test for professional suitability for actions in conditions associated with the use of physical force, special means and firearms;

c) is subject to dismissal from the internal affairs bodies due to official inconsistency;

d) is subject to attestation for compliance with the position to be occupied, and until the decision of the commission is made, is removed from the performance of duties related to possible the use of physical force, special means and firearms.

11. In the event of the use of physical force, special means or firearms as part of a subdivision (group), the person in respect of whom the use of special means or firearms is expected on legal grounds warns about this:

a) The Federal Law "On Police" does not establish the procedure in this case;

b) a police officer who prepared special means or firearms for use;

c) one of the police officers who is part of the unit (group);

d) the head of the unit (senior group) /

12. In what cases a police officer has the right not to warn about his intention to use physical force, special means or firearms:

a) if their application is carried out at the command of the head of the unit (senior group) in which (which) the police officer operates;

b) if delay in their application poses a direct threat to the life and health of a citizen or a police officer, or may result in other serious effects;

c) The Federal Law "On Police" does not establish such cases

d) if their use does not create a direct threat to the life and health of a citizen or a police officer or cannot lead to other grave consequences;

13. What actions should a police officer perform before using physical force, special means or firearms in cases where such actions are mandatory:

a) The Federal Law "On Police" does not establish the procedure for such preliminary actions;

b) warn the person (person) against whom the use of physical force, special means or firearms is intended, of their intentions and legal requirements;

c) to inform the persons (person) in respect of whom the use of physical force, special means or firearms is expected, that he is by a police officer, warn them of your intention and give them the opportunity and time to comply with their lawful demands;

d) to provide persons (persons) in respect of whom the use of physical force, special means or firearms is supposed to be used, the minimum necessary time to fulfill their legal requirements.

14. What should a police officer take into account when using physical force, special means or firearms:

a) the current situation;

b) the nature and degree of danger of the actions of persons against whom physical force, special means or firearms are used;

c) the nature and strength of their resistance;

d) all of the above.

15. What actions must a police officer perform in relation to a citizen who has received bodily injuries as a result of the use of physical force, special means or firearms:

a) immediately report to his immediate superior (head of the unit, senior group) about the circumstances of the incident and the injured, subsequently act in accordance with the received commands (orders, assignments);

b) call the appropriate emergency medical service, immediately report to the officer on duty on the internal affairs body on the circumstances of the incident, the injured and the measures taken, subsequently act according to the situation;

c) The Federal Law "On Police" does not establish special requirements for such actions;

d) provide first aid, as well as take measures to provide the injured person with medical care as soon as possible.

16. Is a police officer obliged to notify close relatives or other close persons of a citizen who has been injured as a result of the use of physical force, special means or firearms by this police officer:

a) yes, he is obliged to notify, in the event that the victim died as a result of the use of physical force, special means and / or firearms;

b) yes, he is obliged to notify as soon as possible, but not more than 24 hours from the moment of causing bodily harm to a citizen;

c) yes, must notify as soon as possible, but no more than 4 hours;

d) The Federal Law "On Police" does not establish any mandatory prescriptions for police officers who have used physical force, special means or firearms on legal grounds

17. Is a police officer obligated to notify the prosecutor about the infliction of injury to a citizen or the occurrence of his death as a result of the use of physical force, special means or firearms by a police officer:

a) no, not obliged to notify, except in cases where the victim died as a result of the use of physical force, special means and / or firearms;

b) yes, he is obliged to notify within 2 hours from the moment of occurrence of one of the indicated consequences;

c) yes, must notify within 24 hours from the occurrence of one of the specified consequences;

d) yes, he is obliged to notify if the consequences occurred as a result of the police officer exceeding his authority to use physical force, special means and firearms.

18. About what cases the police officer is obliged to inform the immediate head or the head of the nearest territorial body or police unit about the use of physical force with the submission of an appropriate report within 24 hours from the moment the specified measures were applied:

a) The Federal Law "On Police" does not restrict in any way the actions of a police officer after he uses physical force on legal grounds;

b) after each case of the use of physical force, regardless of whether harm was caused to the health of a citizen, as well as material damage to a citizen or organization;

c) after each case of the use of physical force, except for cases when slight harm was caused to the health of a citizen or minor material damage to a citizen or organization;

d) about each case of the use of physical force, if harm has been caused to the health of a citizen or material damage has been caused to a citizen or organization.

19. About what cases of the use of special means or firearms, a police officer is obliged to inform the immediate superior or the head of the nearest territorial body or police unit with the submission of an appropriate report within 24 hours:

a) about each case of the use of special means or firearms, regardless of whether harm was caused to the health of a citizen or material damage citizen or organization;

b) only about cases of simultaneous use of special means and firearms;

c) only about cases of using special means or firearms against persons who have committed a crime;

d) only about cases of injury or death of several persons resulting from the use of special means or firearms.

20. A police officer has the right to use special means:

a) in all cases where the Law on Police allows the use of physical force;

b) in all cases where the law "On Police" allows the use of firearms;

c) in relation to women, minors, persons with obvious signs of disability, when the law "On Police" prohibits the use of firearms.

21. In which of the following options for actions, a police officer is allowed to personally or as part of a unit (group) use physical force, including combat fighting techniques, if non-forceful methods do not ensure the fulfillment of the duties assigned to the police:

a) in all cases, with the exception of those related to the suppression of crimes and administrative offenses;

b) in all cases, if they are not related to the delivery to the office of a territorial body or police unit, to the premises of a municipal body, to another office of persons who have committed crimes and administrative offenses, and the detention of these persons;

c) in all cases where, under the Federal Law "On Police", a police officer has the right to use special means or firearms;

d) in all cases, except for those caused by physical resistance to police officers.

22. The police of the Russian Federation is:

a) body government controlled heading the system of internal affairs bodies and internal troops and exercising, within its powers, regulation and management in the field of combating crime, protecting public order, ensuring public security and coordinating the activities of other government bodies in this area;

b) subdivisions, organizations and services of the internal affairs bodies of the Russian Federation;

c) a system of state executive bodies designed to protect the life, health, rights and freedoms of citizens, property, the interests of society and the state from criminal and other unlawful encroachments and endowed with the right to use coercive measures within the limits established by the Federal Law;

d) state armed body of executive power.

23. The police of the Russian Federation is not intended:

a) to protect the life, health, rights and freedoms of citizens of the Russian Federation;

b) to protect personal, public, state security;

c) to protect the life, health, rights and freedoms of foreign citizens, stateless persons;

d) to counter crime;

e) for the protection of public order, property;

6. to ensure public safety.

24. The purpose of the police is:

a) protection of the individual, society, state from unlawful encroachments, prevention, suppression, detection and disclosure of crimes and administrative offenses;

b) protection of life, health, rights and freedoms of citizens, property, interests of society and the state from unlawful encroachments with the right to apply measures of state coercion;

c) protection of life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, to combat crime, protect public order, property and to ensure public safety.

25. The main activities of the police do not include:

a) protection of the individual, society, state from unlawful encroachments;

b) prevention and suppression of crimes and administrative offenses;

c) detection and disclosure of crimes, conducting an inquiry in criminal cases;

d) carrying out operational-search activities;

e) search for persons;

f) proceedings on cases of administrative offenses, execution of administrative penalties;

g) ensuring law and order in public places;

h) ensuring road safety;

i) control over compliance with the legislation of the Russian Federation in the field of arms trafficking.

26. The main activities of the police do not include:

a) control over compliance with the legislation of the Russian Federation in the field of private detective (detective) and security activities;

b) protection of property and objects, including on a contractual basis;

c) state protection of victims, witnesses and other participants in criminal proceedings, judges, prosecutors, investigators, officials law enforcement and regulatory authorities, as well as other protected persons;

d) implementation of forensic activities;

e) conducting a preliminary investigation in criminal cases.

Belikin V.V., Doctor of Law, Professor,
Head of the Department of Professional, Service and Physical Training

Grishchenko L.L., Doctor of Law, Professor,
Professor of the Department of Professional, Service and Physical Training
Academy of Management of the Ministry of Internal Affairs of Russia

Kosikovsky A.R., candidate of pedagogical sciences, member of the Russian Academy of Sciences,
teacher of the department of professional, service and physical training
Academy of Management of the Ministry of Internal Affairs of Russia

The right of police officers to use special means and firearms.

The Law "On Police" defines the main provisions for the use of special means and firearms used by employees of the internal affairs bodies to protect the individual, the interests of society and the state from unlawful encroachments.

Special means are technical products (devices, objects, substances) and service animals that are in service with the police and used by it in the cases and in the manner prescribed by law, the main purpose of which is to provide direct coercive physical impact on a person or any material objects.

Historical experience in the use of special means in modern Russia indicates that for the first time the term "special means" began to be used in the legislative acts of the former USSR in 1978.

A specific list of special means that are in service with the internal affairs bodies is determined by Decree of the Government of the Russian Federation dated October 15, 2001 No. 731. The same Decree approved the Rules for the use of special means by employees of the internal affairs bodies.

The Ministry of Internal Affairs of the Russian Federation, in agreement with the Ministry of Health of the Russian Federation, the Federal Security Service of the Russian Federation and the Prosecutor General's Office of the Russian Federation, is allowed to carry out trial operation of special equipment not included in the list, which have passed acceptance tests or are in service with state paramilitary organizations of the Russian Federation or law enforcement foreign states.

Providing employees of the internal affairs bodies of the Russian Federation with special means, the procedure for issuing, applying, accounting, storing, transporting and destroying special means, as well as the timing of their trial operation are determined by the Minister of Internal Affairs of the Russian Federation.

Currently, the following special means are in service with the internal affairs bodies:

  • special rubber sticks (PR-73, PR-89, PR-90, PR-Tonfa, PR-Taran, etc.);
  • hand gas grenades "Bird cherry-6", "Bird cherry-12" and their modifications, hand aerosol grenade, tear grenade for underbarrel grenade launcher, cartridges with gas grenades "Bird cherry-7", "Lilac-7", aerosol package "Bird cherry- 10", backpack liquid apparatus, gas pistol with ammunition;
  • handcuffs (BR, BR-S, BKS-1, BOS);
  • light and sound means of distraction (light and noise grenades "Dawn", "Torch", product "Gnome", light and noise device "Flame");
  • means of destruction of obstacles (small-sized explosive devices "Key", "Impulse");
  • electroshock devices;
  • means of forced stopping of transport ("Hedgehog", "Diana", "Harpoon");
  • water cannons ("Avalanche", fire tanker ATs-40);
  • armored vehicles (airborne combat vehicle (BMD-1), armored personnel carriers (BTR-60PB, BTR-80), combat reconnaissance patrol vehicle (BRDM-2), infantry fighting vehicle (BMP);
  • special coloring agents (special ink, luminescent pencils, solutions of rivanol, phenolphthalein, tetracycline);
  • guard, guard, search and patrol dogs different breeds;
  • service horses.

A firearm is a weapon designed to mechanically engage a target at a distance with a projectile receiving directed propulsion from the energy of a powder or other charge.

Firearms appeared in the world more than 600 years ago. Already in the XIV century. the first shooting tubes were used as aids to complement the bow and crossbow. In Russia, the creation and use of hand firearms dates back to the beginning of the 15th century. .

Firearms, almost immediately with the advent of it in the army, were adopted by police units. At the same time, only small arms were adopted in police units, which were actively used to maintain internal order in many countries of the world.

With the development of the means of armed struggle, the means for the police forces also developed. At present, we can talk about diverse weapons, special means and other means of law enforcement that are in service with the police around the world and, in particular, in the Russian Federation. Its use, as well as the use of physical force, is the most important component of ensuring the operational and service activities of the modern police.

Firearms combine the means of direct destruction (projectile, bullet) and the means of throwing them to the target (machine gun, rifle, etc.). In addition, firearms may have locking mechanisms, impact, ejection, supply of cartridges, etc., an aiming device for aiming the weapon at the target and a device for ease of use and giving it a stable position during firing (butt, bipod, machine tool). It is divided into two main groups: artillery and small arms.

Artillery weapons include: cannons, howitzers, mortars, etc., which are designed to attack an enemy located at long distances or in shelters.

Small arms include: machine guns, carbines, rifles, machine guns, pistols, submachine guns, etc., designed to defeat openly located enemy manpower.

Weapon divided into individual and group. It has a high rate of fire, good accuracy and accuracy of fire, sufficient lethal force of a bullet. The weight and size of this weapon make it possible to successfully use it in settlements, forests, mountains, trenches.

A firearm is a regular firearm in the arsenal of police officers. These include: traumatic weapon; firearms for individual use (pistols, machine guns, rifles, etc.); special firearms (machine guns, mortars, weapons on military equipment).

It is not allowed to adopt special means, firearms and cartridges for them, ammunition that inflict excessively severe injuries or serve as a source of unjustified risk into the arsenal of the police. The list of special means, firearms and cartridges for them, ammunition, is defined in the resolution General Assembly The United Nations of 1980 approved the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to be Excessively Injurious or to Have Indiscriminate Effects.

The mention of the use of special means and various types of weapons to maintain internal order is found for the first time in history. ancient egypt. In the history of other states, we also find many examples of the use of various means by police structures to maintain order.

The modern use of special means and firearms by a police officer personally or as part of a unit (group) is provided for by the federal constitutional laws of the Russian Federation: “On the state of emergency”, “On the state of war” and the federal laws of the Russian Federation: “On the police”, “On internal troops Ministry of Internal Affairs of the Russian Federation”, “On Combating Terrorism”, “On Detention of Suspected and Accused of Committing Crimes”, etc.

These laws of the Russian Federation are based on the main normative legal guidelines of international humanitarian law and, in particular, the Code of Conduct for Law Enforcement Officials, the Vienna Declaration on Crime and Justice, etc.

The main provisions of the above documents in the most generalized form can be summarized as follows:

  • a threat to the life and safety of law enforcement officials must be regarded as a threat to the stability of society;
  • law enforcement officials play a vital role in protecting the human right to life, liberty and security;
  • law enforcement officials may use force only when absolutely necessary and to the extent required for the performance of their duties with due respect for human rights.

The basis for the use of special means and firearms are the conditions under which non-coercive methods do not ensure the fulfillment of the duties assigned to the police to protect the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons, to combat crime and to protect public order, property and public safety. The use of weapons must be preceded by a clearly expressed warning about this to the person against whom the weapon is used, except in cases where delay in the use of weapons creates an immediate danger to human life or may entail other grave consequences. At the same time, the use of weapons in a state of necessary defense must not cause harm to third parties. For example, the use of firearms in the elimination of criminals who provide armed resistance.

The limits for the use of special means and firearms are the legally established limits for the use of force and weapons, the exit from which entails disciplinary or criminal liability of police officers.

P. 3 Art. 18 of the Federal Law "On the Police" allows police officers in some cases, if they do not have the necessary special equipment or firearms, to use any means at hand and even weapons that are not in service with the police, for example, sports, hunting, premium. The law provides an exhaustive list of these cases. This is a state of necessary defense, extreme necessity and the detention of a person who has committed a crime.

According to Art. 37 of the Criminal Code of the Russian Federation, it is not a crime to cause harm to an offending person in a state of necessary defense, that is, when protecting the personality and rights of the defending person or other persons, the interests of society or the state protected by law from a socially dangerous encroachment, if this encroachment was accompanied by violence dangerous to the life of the defending or another person, or with the imminent threat of such violence.

Necessary defense - this is the legitimate protection of the personality and rights of a police officer, as well as the legally protected interests of society and the state from a socially dangerous encroachment, by causing harm to the encroaching person.

According to Art. 39 of the Criminal Code of the Russian Federation, a state of emergency is characterized by the fact that in order to eliminate the danger that directly threatens the person and the rights of this person or other persons, the legally protected interests of society or the state, harm is inflicted if this danger could not be eliminated otherwise, if this was not allowed exceeding the limits of emergency.

urgent need- this is one of the lawful means of preventing danger threatening damage to the individual, his rights and interests, as well as the legally protected interests of society or the state.

The urgent need is to cause harm to law-protected interests in order to prevent greater harm that is inevitable under the given conditions by other means and threatens the individual, society, and the state.

In part 2 of Art. 39 of the Criminal Code, the concept of exceeding the limits of extreme necessity is given. Such an excess occurs if harm is intentionally inflicted that clearly does not correspond to the nature and degree of the threat that threatened and the circumstances under which it was eliminated, when the damage equal to or more significant than that prevented was caused to the indicated interests. The nature of the danger is determined by the value public relations that were threatened with harm, and the degree of danger is expressed in its intensity, duration of exposure. Thus, the health of people who survived the earthquake is threatened by the lack of housing, food and drink. In such a situation, it is perfectly acceptable to remove blankets, water and food from the warehouse.

Practice shows that in order to carry out professional actions by a police officer in a state of necessary defense, in conditions of emergency, or when detaining a person who has committed a crime, he is obliged to perform his functional duties in a qualified manner in accordance with the requirements of the governing documents on vocational training. In this regard, a police officer is required to undergo special training, as well as periodic testing for professional suitability for actions in conditions associated with the use of physical force, special means and firearms.

If a police officer exceeds his powers when using physical force, special means or firearms, then he is liable for his deed as a private person under Art. 105 Murder, Art. 111 "Intentional infliction of grievous bodily harm", Art. 112 "Intentional infliction of moderate bodily harm", art. 115 "Intentional infliction of slight bodily harm", Part 3 of Art. 213 "Hooliganism committed with the use of weapons or objects used as weapons" of the Criminal Code of the Russian Federation. Depending on the circumstances of the case, such actions may also be qualified under Art. 107 "Murder committed in a state of passion", Art. 113 "Causing severe or moderate bodily harm in a state of passion", art. 117 Torture. If these acts took place in the course of committing other crimes against a person, property, etc., then qualification is required for the totality of crimes.

Intentional violation of the grounds and procedure established by law for the use of physical force, special means or firearms by a police officer in connection with the duties assigned to him entails criminal liability for exceeding official powers in accordance with Part 3 of Art. 286 of the Criminal Code of the Russian Federation.

A police officer is not liable for harm caused to citizens and organizations when using special means or firearms, when he used special means or firearms on the grounds and in accordance with Art. 37 of the Criminal Code of the Russian Federation "Necessary Defense", Art. 38 of the Criminal Code of the Russian Federation "Infliction of harm during the arrest of a person who committed a crime", Art. 39 of the Criminal Code of the Russian Federation "Extreme necessity", art. 40 of the Criminal Code of the Russian Federation "Physical or mental coercion", art. 41 "Reasonable risk", art. 42 of the Criminal Code of the Russian Federation "Execution of an order or instruction".

Bibliography.

1. On the state of emergency: Federal Law of the Russian Federation dated May 30, 2001 No. 3-FKZ // Russian newspaper dated June 2, 2001, No. 105 (2717); On martial law: Federal Law of the Russian Federation of January 30, 2002 No. 1-FKZ // Rossiyskaya Gazeta of February 2, 2002; On the police: Federal Law of the Russian Federation of February 7, 2011 No. 3-FZ // Rossiyskaya Gazeta of February 10, 2011, No. 28; On the internal troops of the Ministry of Internal Affairs of the Russian Federation: Federal Law of the Russian Federation of February 6, 1997 No. 27-FZ (adopted by the State Duma of the Russian Federation on December 25, 1996) (as amended on April 5, 2011) // Rossiyskaya Gazeta, No. 75, 8 April 2011; On countering terrorism: Federal Law of the Russian Federation of March 6, 2006 No. 35-FZ // СЗ RF, 2006, No. 32; On the detention of suspects and accused of committing crimes: Federal Law of the Russian Federation of July 15, 1995 No. 103-FZ (adopted by the State Duma of the Russian Federation on June 21, 1995) (as amended on April 5, 2011) // On the approval of the instruction on physical training employees of internal affairs bodies: Order of the Ministry of Internal Affairs of Russia dated June 29, 1996 No. 412.

2. On the police: Federal Law of the Russian Federation of February 7, 2011 No. 3-FZ // Rossiyskaya Gazeta of February 10, 2011, No. 28.

3. On weapons: Federal Law of the Russian Federation of December 13, 1996 No. 150-FZ (adopted by the State Duma of the Russian Federation on November 13, 1996) (as amended on April 5, 2011) // Rossiyskaya gazeta, dated April 8, 2011 No. 75 .

4. Criminal Code of the Russian Federation: Federal Law of the Russian Federation of June 13, 1996 No. 63-FZ (as amended by the Federal Law of the Russian Federation of March 7, 2011 No. 26-FZ) // Rossiyskaya Gazeta, dated 11.03.201 1 No. 51 .

5. Vienna Declaration on Crime and Justice: Meeting the Challenges of the 21st Century: Adopted at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Vienna, 10-17 April 2000.

6. Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to be Excessively Injurious or to Have Indiscriminate Effects. Resolution of the UN General Assembly of October 10, 1980 No. 3093, Geneva.

7. Code of conduct for law enforcement officials: adopted on December 17, 1979 by Resolution No. 34/169 at the 106th plenary session of the UN General Assembly // International protection of human rights and freedoms. Collection of documents. - M.: Legal literature, 1990.

8. On the approval of the list of special means in service with the internal affairs bodies of the Russian Federation and the Rules for the use of special means by employees of the internal affairs bodies of the Russian Federation: Decree of the Government of the Russian Federation of October 15, 2001 No. 731. // SZ RF, 2001, No. 44.

9. On the approval of the Instructions on the procedure for the use of special light and sound signals installed on cars and motorcycles of the USSR Ministry of Internal Affairs: Order of the USSR Ministry of Internal Affairs dated September 11, 1978 No. 260.

10. Bragin S.V., Moroz S.V. Special means of the Ministry of Internal Affairs of Russia: Tutorial. - Kaliningrad: KVI FPS RF, 2009.

11. Weapons of the world. / ed. Group: G. Lemigova, A. Rusakova, S. Kuznetsov. - M .: World of encyclopedias Avanta +, Astrel, 2010.

12. Pistols and revolvers of the world / F.K. Babak. - M.: AST; St. Petersburg: Polygon, 2005. 640 p.: ill.

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