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Article 23. Use of firearms
1. A police officer has the right personally or as part of a unit (group) to apply firearms in the following cases:
1) to protect another person or oneself from infringement, if this infringement is accompanied by violence dangerous to life or health;
2) to suppress an attempt to seize firearms, a police vehicle, special and military equipment, which are in service (providing) to the police;
3) for the release of hostages;
4) 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 hide, if it is not possible to detain this person by other means;
5) to detain a person who provides armed resistance, as well as a person who refuses to comply with a legal requirement to hand over weapons, ammunition that are with him, explosives, explosive devices, poisonous or radioactive substances;
6) to repel a group or armed attack on buildings, premises, structures and other objects of state and municipal bodies, public associations, organizations and citizens;
7) 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 preventive measure in the form of detention has been applied, persons sentenced to deprivation freedom, as well as to prevent attempts to forcibly release these persons.
2. Armed resistance and armed attack referred to in paragraphs 5 and 6 of part 1 of this article are recognized as resistance and attack committed with the use of weapons of any kind, or objects that are structurally similar to real weapons and are externally indistinguishable from them, or objects, substances and mechanisms that could cause serious bodily harm or death.
3. A police officer also has the right to use firearms:
1) to stop vehicle by damaging it, if the person managing it refuses to comply with the repeated demands of a police officer to stop and tries to hide, endangering the life and health of citizens;
2) to neutralize an animal that threatens the life and health of citizens and (or) a police officer;
3) to destroy locking devices, elements and structures that prevent entry into residential and other premises on the grounds provided for in Article 15 of this Federal Law;
4) to fire a warning shot, give an alarm signal or call for help by firing a shot upwards or in another safe direction.
5. It is prohibited to use firearms with the production of a shot to kill against women, persons with obvious signs of disability, minors, when their age is obvious or known to a police officer, except in cases where these persons provide armed resistance, commit an armed or group attack that threatens life and the health of citizens or police officers.
1. At the first opportunity of the head of a private security organization.
2. Immediately the internal affairs body at the place where the weapon was used.
3. Immediate customer security service.
Whom and within what period of time, in accordance with the law, is obliged to notify private security guard in cases where the application special means and firearms citizens were injured?
1. Immediately notify the prosecutor and, as soon as possible, the health and internal affairs authorities.
2. Immediately notify the health authorities and the head of the security organization.
3. Immediately notify the customer of the private security service.
45. Registration and processing of personal data of persons arriving at a protected facility (without confirmation of consent to this by visitors in the form of signing a special document or a corresponding signature in a journal) can be carried out by a security guard under the following conditions:
1. The security guard verbally communicated to the visitors of the protected facility the duty of visitors established by his job description to provide their personal data for registration and processing (this is sufficient, since it job description approved by the head of the private security organization and agreed with the customer of security services).
2. The security guard provided visitors of the protected facility with the opportunity to personally familiarize themselves with the text of their job description, which provides for the obligation of visitors to provide their personal data for registration and processing (this is sufficient, since his job description was approved by the head of a private security organization and agreed with the customer of security services).
3. Before entering the protected area, information is posted about the presence at the facility of the rules established by the customer of security services and providing for the registration and processing of visitors' personal data by the security guard (this is sufficient, since persons who have read the rules and confirmed their consent to their implementation by the fact of passage, according to the Civil Code of the Russian Federation are considered to be one of the parties to the written contract of passage to the facility).
In what cases is it not forbidden for a private security guard to use special means in relation to women with visible signs of pregnancy, persons with obvious signs of disability and minors whose age is obvious or known to the guard?
1. In the event that they show armed resistance, commit a group or other attack that threatens the life and health of a private security guard or protected property.
2. In cases of group resistance by the indicated persons.
3. If the violator refuses to obey the demand of the security guard, proceed to the security premises.
47. The Federal Law "On Police" establishes the following restriction on the use of special means - it is not allowed to strike a person with a special stick:
1. On the arms, legs, buttocks, on the back in the projection area of the kidneys and liver.
2. Only on the head, neck, clavicular region, abdomen.
3. On the head, neck, clavicular region, abdomen, genitals, in the projection area of the heart.
Is a private security guard obliged to immediately inform the internal affairs authorities if he fired a shot into the air to warn of his intention to use a weapon? (5-6 category)
1. Obliged to inform the internal affairs body at the place of use of weapons.
2. Not obliged, because there are no victims.
3. Obliged to inform the internal affairs body at the location of the private security organization.
Who are private security guards prohibited from using firearms against? (5-6 category)
1. Only for children.
2. In relation to children and citizens who have a document confirming the presence of a disability.
3. In relation to women, persons with obvious signs of disability and minors, when their age is obvious or known to the guard.
In what cases is a private security guard not prohibited from using firearms against women, persons with obvious signs of disability and minors whose age is obvious or known to the guard? (5-6 category)
1. In the case of their group resistance.
2. In the event of armed resistance by the indicated persons, an armed or group attack that threatens the life of a security guard or protected property.
3. In case of refusal to comply with the requirement of the guard to proceed to the security premises.
51. The provision of security services in special uniforms in accordance with the law is:
1. The duty of employees of a private security organization (regardless of any conditions).
2. The right of employees of a private security organization (regardless of any conditions).
3. The right of employees of a private security organization (unless otherwise specified in the contract with the customer).
An analysis of the incoming mail testifies to the legal ignorance of citizens on the use of their legally available firearms in a direct attack in order to protect life, health and property.
In response to these requests, first of all, let us turn to Article 45 of the Constitution of the Russian Federation, which states: "Everyone has the right to protect their rights and freedoms by all means not prohibited by law."
Under the criminal law, necessary defense is understood as the protection of the personality and rights of the defender or other persons of the legally protected interests of society or the state from a socially dangerous encroachment by causing harm to the attacker. All persons equally have the right to necessary defense, regardless of their professional or other special training and official position. This right belongs to a person, regardless of the possibilities to avoid a socially dangerous encroachment or to seek help from other persons or authorities (parts 1, 2, article 37 of the Criminal Code of the Russian Federation).
For legitimate defense, proportionality, proportionality between the methods and means of protection and the methods and means of encroachment is not required. Harm caused to the attacker by a person in a state of necessary defense may be more significant than the harm that could be caused to that person.
An unarmed attack may present an immediate danger to life, the prevention of which by means of weapons is fully justified and permissible. The requirement to use the same weapon in defense as the attacker puts the defender in a worse position than the criminal. The defender does not have time to think about whether the methods and means of protection used by him are proportionate to the methods and means of encroachment. In a state of mental agitation caused by an attack, its suddenness, the defender cannot accurately determine the nature of the danger and choose proportionate means of protection. Therefore, the means of protection may be more effective, up to the use of weapons against an unarmed person or unarmed persons.
citizens Russian Federation may use their lawful weapons to protect life, health and property in a state of necessary defense or emergency. 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 and may lead to other grave consequences. At the same time, the use of weapons in a state of necessary defense should not cause harm to third parties.
It is prohibited to use firearms against women, persons with obvious signs of disability, minors, when their age is obvious or known, except in cases when these persons commit an armed or group attack. On each case of the use of weapons that caused harm to human health, the owner of the weapon is obliged to immediately, but no later than 24 hours, report to the internal affairs body at the place of use of the weapon (Article 24 of the Federal Law "On Weapons").
Actions committed in a state of necessary defense, although they fall under the signs of a criminal act, are not considered a crime and do not entail criminal liability.
The right to necessary defense most often arises from a criminal encroachment. However, it is not required that the offense be necessarily criminal. It is enough that it be socially dangerous and, on objective grounds, be perceived as a criminal attack. Therefore, the necessary defense can also serve against the repulse of an attack on the part of the mentally ill, minors and persons acting under the influence of a factual error that eliminates their guilt.
The encroachment must be cash, i.e. the attack has already begun or there was an imminent threat of attack, i.e. it was clear that an attack could be carried out immediately, immediately. The state of necessary defense occurs not only at the very moment of a socially dangerous encroachment, but also in the presence of real threat attacks.
The attack must be valid, real. If a person defended himself from an attack that seemed to him, then such a defense is qualified as imaginary. An imaginary defense is a defense against an imaginary, but in reality, non-existent encroachment. With necessary defense, it is allowed to protect not only the defender's own interests, but also the interests of other persons, as well as the interests of society and the state; defense is carried out by harming the attacker; defense must be timely and not exceed the limits of necessary defense.
The law expressly states that a person has the right to the necessary defense, regardless of whether he could avoid the imminent danger, evade an attack, flee, turn to other persons or authorities for help.
The state of necessary defense may take place when the defense immediately followed the act of at least a completed assault, but due to the circumstances of the case, the moment of its termination was not clear to the defender. In other words, the defender made a defensive action immediately after the attack was completed, but the latter did not realize that the attack was over.
Actions taken to prevent future attacks do not constitute a necessary defense. Causing harm to the attacker after the attack is completed or stopped does not form the necessary defense either.
Exceeding the limits of necessary defense is recognized as intentional actions that clearly do not correspond to the nature and degree of public danger of encroachment (part 3 of article 37 of the Criminal Code of the Russian Federation). Obviously not corresponding to the attack should be considered protection carried out by such means and methods, the use of which is not caused either by the nature and danger of the attack, or the real situation of its commission, and which, without obvious necessity, caused the attacker serious harm.
The infliction of light and moderate harm to the attacker, beatings by a person in a state of defense excludes the possibility of bringing him to criminal responsibility for exceeding the limits of necessary defense.
Bringing the defender to criminal responsibility is possible only in the event of causing grievous harm to the attacker or his death.
An emergency is a state in which a person eliminates a danger that directly threatens the personality and rights of this person or other persons, the legally protected interests of society or the state, or this danger could not be eliminated by other means and at the same time the limits of emergency were not exceeded. (part 1 of article 39 of the Criminal Code of the Russian Federation). Actions committed in a state of emergency do not entail criminal liability.
Harm, in case of emergency, is not caused to the persons who created the danger, but to third parties outside the source of danger. Third parties are natural and legal, as well as the state and public organizations, which are not legal entities. Causing harm equal to that which could have occurred, or more harm, cannot be justified by a state of emergency.
The most important condition for the legitimacy of an act of extreme necessity is the priority of the choice of means aimed at eliminating the danger without causing harm, this path must be chosen. This is the main difference between necessity and necessary defense.
Exceeding the limits of extreme necessity is recognized as the infliction of harm that clearly does not correspond to the nature and degree of the threatening danger and the circumstances under which the danger was eliminated, when the damage equal to or more significant was caused to the indicated interests than that prevented. Such an excess entails criminal liability only in cases of intentional infliction of harm (part 2 of article 39 of the Criminal Code of the Russian Federation).
It should be borne in mind that careless infliction of harm in case of exceeding the limits of extreme necessity excludes criminal liability.
A danger that has already passed, as well as one that is only possible in the future, cannot give rise to a state of extreme necessity. In cases where there is a provocation of extreme necessity, i.e. artificial creation of danger as a pretext for the intentional commission of a crime, liability for a person provoking the creation of such a situation occurs on a general basis, as for a specific crime.
A provocation can also take place with the necessary defense. A state of necessary defense is not recognized in cases where a person deliberately provoked an attack in order to be able, under the pretext of defense, to harm the attacker.
In accordance with civil law, harm caused in a state of emergency must be compensated by the person who caused it. Based on the specific circumstances of the case, the court may impose the obligation to compensate for harm on the person through whose fault the danger of causing harm arose or in whose interests the person who caused the harm acted, or partially or completely release him from compensation for harm.
Thus, a citizen has the right to use weapons in an attack, both against attackers with weapons and without weapons. When defending, proportionality between the methods and means of defense and the methods and means of attack is not required. Every citizen has the right to protect his personality and his rights from a socially dangerous encroachment, regardless of the possibility of avoiding an encroachment or turning to other persons or authorities for help.
Weapons should be used very carefully and carefully, without violating the limits of necessary defense and extreme necessity. The use of weapons must be preceded by a clearly expressed warning about this to the person against whom the weapon is used. It is forbidden to carry weapons while participating in meetings, rallies, demonstrations, processions, picketing, and other mass actions. A citizen is obliged to report the use of weapons no later than 24 hours to the internal affairs bodies.
1. Only for children.
2. In relation to children and citizens who have a document confirming the presence of a disability.
3. In relation to women, persons with obvious signs of disability and minors, when their age is obvious or known to the guard.
In what cases is a private security guard not prohibited from using firearms against women, persons with obvious signs of disability and minors whose age is obvious or known to the guard? (5-6 category)
1. In the case of their group resistance.
2. In the event of armed resistance by the indicated persons, an armed or group attack that threatens the life of a security guard or protected property.
3. In case of refusal to comply with the requirement of the guard to proceed to the security premises.
51. The provision of security services in special uniforms in accordance with the law is:
1. The duty of employees of a private security organization (regardless of any conditions).
2. The right of employees of a private security organization (regardless of any conditions).
3. The right of employees of a private security organization (unless otherwise specified in the contract with the customer).
What requirements does the Law “On Private Detective and Security Activities in the Russian Federation” impose on vehicles used in private security activities?
1. A special coloring is applied to them without fail.
2. It is forbidden to put information inscriptions and signs on them.
3. Special coloring, information inscriptions and signs on private vehicles security organizations are subject to agreement with the internal affairs bodies in the manner determined by the Government of the Russian Federation.
Upon reaching what age is a citizen entitled to apply for the acquisition of the status of a private security guard?
1. Upon reaching the age of 18.
2. Upon reaching the age of 21.
3. Upon reaching the age of 25.
54. In case of necessary defense, infliction of any harm to the encroaching person is lawful:
1. In the case of a group attack.
2. If this attack is accompanied by violence dangerous to the life of the defender or another person, or with an immediate threat of such violence.
3. If the assault is accompanied by violence dangerous to the health of the defender.
Are persons entitled to necessary defense if they are able to avoid a socially dangerous attack or seek help from other persons or authorities?
1. Yes, they do.
2. No, they don't.
3. They have if the attack is accompanied by violence dangerous to the life of the defender.
Is it possible to compensate for the harm caused to the offending person in a state of necessary defense, if the limits of necessary defense were not exceeded?
1. Yes, subject to.
2. Partially subject to judgment.
Most often, the use and use of firearms is associated with the suppression of crimes. However, since in order to exercise state power, only officials authorized to do so are armed, this measure of restraint is mainly regulated, it is customary to refer to it.
of a single normative act regulating the procedure for the use and use of firearms officials executive authorities, no. This issue is addressed in a number of federal laws. In some of them, the concepts of "use of weapons" and "use of weapons" are clearly separated. At the same time, the legislator associates the use of firearms with shooting at people, and the use of weapons with shooting at other targets or into the air.
Thus, police officers have the right to use firearms for:
- protection of citizens from an attack dangerous to their life or health;
- repulse an attack on a police officer when his life or health is endangered, as well as to prevent an attempt to seize his weapon;
- release of hostages;
- detaining a person caught committing a grave crime against life, health and property and trying to escape, as well as a person providing armed resistance;
- repelling a group or armed attack on the homes of citizens, premises of state bodies, organizations and public associations;
- preventing the escape from custody of persons detained on suspicion of committing a crime;
- persons in respect of whom detention has been chosen as a measure of restraint;
- persons sentenced to imprisonment;
- and also to stop attempts to forcibly release these persons.
Police officers may use firearms to:
- stopping the vehicle by damaging it when the driver creates real danger life and health of people and is not subject to repeated legal requirements a police officer to stop;
- neutralization of an animal that directly threatens the life and health of people;
- firing a warning shot, sounding an alarm or calling for help.
In Art. 16 of the Law of the Russian Federation "On the Police" guarantees the personal safety of a police officer. He has the right to draw a firearm and put it on alert if he considers that the above-mentioned grounds for the use of weapons may arise in the current situation. At the same time, an attempt by a person holding a naked firearm in his hands to approach a police officer, reducing the distance indicated by him, or an attempt by a detainee to touch the weapon of a police officer gives him the right to use firearms.
The law allows the use of firearms against persons regardless of their sanity, age and citizenship, the presence of deputy or diplomatic immunity, official position and other circumstances. However, it is prohibited to use firearms against women, persons with obvious signs of disability, also minors, when the age is obvious or known to a police officer (except when these persons provide armed resistance; they commit an armed or group attack that threatens people's lives; a significant crowd of people when bystanders may be injured by the shooting).
The use of firearms is the most serious measure of administrative restraint, which can cause bodily harm and even death. Therefore, in this case additional guarantees of legality are indicated. Thus, a police officer is obliged to submit a report on each case of the use of firearms within 24 hours to the head of the internal affairs body (police body) at the place of his service or at the location. Unfortunately, it is not clear from the Law of the Russian Federation “On the Police” whether a police officer should report to the head of the internal affairs body only about the use of firearms or also about their use.
If necessary, the lawfulness of the use of weapons is established as a result of an official check, which may be appointed by the head of the internal affairs body. All cases of death or injury due to the use of firearms by a police officer must be immediately notified to the prosecutor.
