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51. Article 19 of the Federal Law "On Police"
a) the right to use physical force, special means and firearms
b) grounds for the use of physical force, special means and firearms
in) order applications physical strength, special funds and gunshot weapons
52. Is a police officer entitled to use any available means in the absence of special means and firearms?
a) yes, if he is in immediate danger;
b) Yes; in able necessary defense, in case extreme need or at detention faces, committed a crime;
c) yes, if the life and health of citizens are in immediate danger;
e) yes, if the life and health of citizens or a police officer is in immediate danger.
53. 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 subject to dismissal from the internal affairs bodies due to official inconsistency;
in) subject to attestations on the conformity replaceable positions, a before pronouncement solutions commissions - is suspended from fulfillment responsibilities, related With possible application physical strength, special funds and gunshot weapons.
d) 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;
54. What is meant by armed resistance and armed attack?
a) resistance and attack carried out with the use of lethal weapons;
b) resistance and attack, committed With using weapons any kind, or items, constructively similar With hereby weapons and externally indistinguishable from him, or items, substances and mechanisms, at help which may to be caused heavy harm health or death.
c) resistance and attack committed with the use of objects, substances and mechanisms with the help of which bodily harm can be inflicted;
d) resistance and assault threatening the life and health of a police officer;
55. The use of water cannons and armored vehicles is carried out
a) by decision of the immediate head or head of the nearest territorial body or police unit
b) on the grounds and in the manner established by federal constitutional laws, this Federal Law and other federal laws.
in) on decision leader territorial body With subsequent notification prosecutor in flow 24 hours
56. Section 24 of the Federal Police Act provides that a police officer has the right to draw a firearm and put it on alert if
a) if in the current situation there are grounds for its application, provided for in Article 23 of this Federal Law
b) if he considers that in the current situation there are grounds for its application, provided for in Article 23 of this Federal Law
in) if in established environment may arise grounds for his applications, envisaged articles 23 present Federal law
1. A police officer has the right to apply physical strength, special means and firearms personally or as part of a subdivision (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 it, ammunition in the arsenal of the police is established by the Government Russian Federation. It is not allowed to adopt special means, firearms and cartridges for it, ammunition that inflict excessively severe injuries or serve as a source of unjustified risk into service with 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 available means, 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 who has received an appropriate permit in the prescribed manner.
7. A police officer who has not passed the 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.
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 legislative acts even 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.
To the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Health of the Russian Federation, Federal Service Security of the Russian Federation and the General Prosecutor's Office of the Russian Federation are allowed to carry out trial operation of special means not provided for 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 ( fighting machine landing (BMD-1), armored personnel carriers (BTR-60PB, BTR-80), combat reconnaissance patrol car(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. Currently, 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 it, ammunition that inflict excessively severe injuries or serve as a source of unjustified risk into service with the police. The list of special means, firearms and cartridges for them, ammunition, is defined in the resolution General Assembly United Nations of 1980, which 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 weapons to maintain internal order is first found in the history of 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 ah of the Ministry of Internal Affairs of the Russian Federation”, “On Counteracting 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 grounds for the use of special means and firearms are the conditions under which non-power 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. 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 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 legally protected interests of society or the state 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 lawful 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 done 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 threatening danger 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.
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 means can be defined as being in service with the police and used by it in the 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 .
The list of special means of the internal affairs bodies in service was approved by Government Decree No. 731 of October 15, 2001.
Currently, the internal affairs bodies are armed with 14 types of special means:
1) special sticks;
2) special gas means;
A very wide range of special means containing tear substances at the disposal of the internal affairs bodies: hand gas grenades "Bird cherry-1", "Bird cherry-5", "Bird cherry-6", "Bird cherry-12", "Lilac-1", " Lilac-6", "Siren-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", signal pistol SP-81, pistol gas with ammunition.
3) means of restricting mobility;
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.
4) 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.
5) electroshock devices;
The new kind special means, adopted in 1999 for the armament of the internal affairs bodies.
6) light shock devices;
The range of application of light-shock devices is unusually wide: the structures of the Ministry of Internal Affairs (traffic police, OVO, 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.
7) service animals;
One of the special means called service animals. Usually dogs are used in this capacity. A group of breeds of domestic dogs of various origins used for herding, sledding (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. In the patrol service of the police, service dogs are used on routes and posts mainly in the evening and at night, in forest park areas, on the outskirts of cities and other settlements, on unlit streets and in other similar places. Departmental regulatory legal acts prohibit patrols with service dogs without a muzzle in crowded places, on trains, in public transport, as well as the transfer of dogs to other persons and leaving them unattended during patrols. A service dog is assigned to a police dog handler by order of the head of the internal affairs body. Police officers who have not undergone special training are not appointed to the position of a police dog handler. In all cases of using a dog to detain an offender, a police officer is obliged to report in a report indicating: when, where, against whom, under what circumstances it was used and what are the results of the use.
8) light and acoustic special means;
Designed to suppress the psycho-volitional stability of armed criminals by exposing them to light and acoustic impulses. These include light and acoustic means distracting effect; broadcasting stations.
9) means of forced stopping of transport;
"Hedgehog", "Diana", "Harpoon", etc. is used for the forced stop of wheeled cars and trucks.
10) means of restricting movement;
Designed to limit the ability of an armed offender to move and do not allow active resistance during detention.
11) water cannons;
"Avalanche", fire tanker ATs-40 are used to disperse rioters and extinguish a fire with a pressurized water jet.
12) armored vehicles;
Airborne combat vehicle "BMD-1", armored personnel carriers "BTR-60PB", "BTR-80", etc., combat reconnaissance patrol vehicle "BRDM-2", infantry fighting vehicle (IFV)) are designed to accompany columns, can transport personal composition and cargo, serve as a base for weapons, for the transportation of persons in 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.
13) means of protecting protected objects (territories), blocking the movement of groups of citizens committing unlawful acts;
They are used to block the movement of groups of citizens who commit illegal acts.
14) means of destruction of barriers.
Small-sized explosive devices "Key", "Impulse", etc. are designed for special operations (for example, the penetration of employees into residential and other premises in order to detain armed criminals).
Depending on the intended purpose, special tools are divided into three groups:
- individual protection means;
These funds are designed to protect the respiratory organs and the main parts of the body of police officers.
- means of active defense;
These tools are designed to actively influence offenders in order to repel an attack, suppress disobedience and limit physical resistance.
- means of ensuring special operations.
These funds are intended for the implementation of various actions of employees during the period of special operations (for example, crowd dispersal, detention of armed or especially dangerous criminals).
Personal protective equipment includes: helmets; helmets; body armor and bulletproof vests; shockproof, armored and folding ceramic shields, etc.
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.
The means of ensuring special operations include: stun grenades and devices; small explosive devices; water cannons; armored vehicles, etc.
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 of the 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 ensuring public safety.
According to Article 21 of the Federal Law “On Police”, police officers personally or as part of a unit (group) are entitled to use special means in the following cases:
1) to repel an attack on a citizen or a police officer. It says here that it is not necessary that the attack be carried out either on a citizen or on a police officer. Undoubtedly, there are grounds for the use of special means in the attack on both of them;
2) to suppress a crime or an administrative offense.
The prevention of crimes and administrative offenses is one of the priority areas of law enforcement in the fight against crime, one of the main tasks of the police and is a set of special preventive measures carried out by structural divisions and police officers within their competence in order to:
Identification of circumstances that contribute to the commission of crimes and administrative offenses, as well as taking measures to eliminate and neutralize them;
Identification of persons prone to committing crimes and providing them with a preventive impact to prevent criminal attacks on their part;
Prevention (non-admission) of impending crimes;
Prevention of attempted crimes (that is, suppression of intentional actions or inaction directly aimed at committing a crime);
Creation of circumstances preventing the commission of crimes and administrative offenses;
3) to suppress resistance to a police officer. The resistance that we are talking in paragraph 3 of part 1 of the commented article, implies active opposition, and not expressed in words, refusal to obey the lawful demand of a police officer. The need to suppress the resistance provided to a police officer as a basis for the use of special means takes place only in the case of lawful actions of a police officer. If it turns out that a police officer carried out illegal actions against a person, then the resistance to these actions could be carried out by a citizen as part of the necessary defense. In this case, there will be no grounds for applying special means to a citizen;
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.
Paragraphs 4 and 5 of Part 1 of Article 21 use the term "detention". This is a broader concept than the detention referred to in the Code of Criminal Procedure of the Russian Federation. This type of detention is equivalent to a short-term restriction of a person's ability to carry out a certain kind of body movements at his own discretion in order to ensure his delivery to the police. After a citizen has been successfully limited in this possibility, it is impossible to apply special means to a citizen on this basis. Although it is possible to use these funds for some other reasons enshrined in the commented article.
Armed resistance should be recognized when a person has a weapon (any of its varieties) that he intends to use, as well as when a person intends to use other improvised means as a weapon against a police officer (an iron rod, a stick, etc.);
6) for delivering to the police, escorting and guarding 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.
Escort means the forced escort of a person to their destination. The actions referred to in paragraph 6 of part 1 should be documented so that they are reflected in writing in any document. Such a document may be a report drawn up by an employee. The consolidation in a written document of the grounds indicated in the commented article (“reasons to believe”) is a guarantee of the possibility of exercising control over the legality of the use of special means in the situation under consideration;
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 movement of transport, the operation of communications and organizations.
Let me remind you what is meant by riots. Mass riots are a gross violation of public order, accompanied by the infliction of violence on citizens, pogroms, arson, destruction of property, the use of firearms, explosives or explosive devices, as well as the provision of armed resistance to a representative of the authorities;
9) to stop vehicle, the driver of which did not comply with the order of the police officer to stop.
This paragraph mentions the right of a police officer to demand that a vehicle be stopped. This right is enshrined in clause 6.11 of the Rules traffic of the Russian Federation, approved by Decree of the Government of the Russian Federation of October 23, 1993 No. 1090. The request to stop the vehicle can be submitted using a loudspeaker device or a hand gesture directed at the vehicle. The driver is obliged to stop at the place indicated to him;
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 clauses 1-5, 7, 8 and 11 of paragraph 1 of this article;
2) special gas appliances - in the cases provided for in clauses 1-5, 7 and 8 of paragraph 1 of this section;
3) means of restricting mobility - in the cases provided for in clauses 3, 4 and 6 of paragraph 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 - in the cases provided for in clauses 5, 7, 8 and 11 of part 1 of this article;
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 paragraphs 5, 7, 8 and 11 of part 1 of this article;
13) means of protecting protected objects (territories), blocking the movement of groups of citizens committing unlawful acts - in the cases provided for in clause 11 of part 1 of this article;
14) means of destroying barriers - in the cases provided for in clauses 5 and 7 of part 1 of this article.
3. A police officer has the right to use special means in all cases where the use of firearms is permitted by this Federal Law.
Special means are used when all non-violent methods of influencing offenders have been unsuccessfully used, after their loud and clear warning, a pause sufficient to fulfill the requirements placed on them.
Article 22 of the Federal Law "On the Police" establishes prohibitions and restrictions related to the use of special means by police officers.
1. A police officer is prohibited from using special means:
1) in relation to women with visible signs of pregnancy, persons with obvious signs of disability and minors, with the exception of cases when these persons provide armed resistance, commit a group or other attack that threatens the life and health of citizens or a police officer;
2) when suppressing illegal meetings, rallies, demonstrations, marches and pickets of a non-violent nature that do not violate public order, the operation of transport, means of communication and organizations.
2. Special means are used subject to the following restrictions:
1) it is not allowed to strike a person with a special stick on the head, neck, clavicular region, abdomen, genitals, in the area of the projection of the heart.
It should be noted that these restrictions apply only to the proactive, 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 attacks. 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;
2) it is not allowed to use water cannons at air temperatures below zero degrees Celsius;
3) it is not allowed to use means of forced stopping of transport in relation to vehicles intended for the carriage of passengers (if there are passengers), vehicles belonging to diplomatic missions and consular offices of foreign states, as well as in relation to motorcycles, motorized carriages, scooters and mopeds; on mountain roads or sections of roads with limited visibility; at railway crossings, bridges, viaducts, overpasses, in tunnels;
4) the installation of special coloring agents at the facility is carried out with the consent of the owner of the facility or a person authorized by him, while the police officer takes measures to exclude the use of these funds against random persons.
3. The use of water cannons and armored vehicles is carried out by decision of the head of the territorial body with subsequent notification of the prosecutor within 24 hours.
4. Other restrictions related to the use of special means by a police officer may be established by the federal executive body in charge of internal affairs.
5. Derogation from the prohibitions and restrictions established by Parts 1 and 2 of Article 22 is allowed if special means are used on the grounds provided for by Part 1 of Article 23 of this Federal Law (when using weapons).
Police officers use handcuffs, primarily to stop the rampage and outrages of detainees, with physical resistance of persons brought to the internal affairs bodies (with the exception of minors, women and disabled people with obvious signs of disability), as well as when apprehending and escorting dangerous criminals or criminals attempting to escape or suicide.
Binding is carried out by means that exclude the possibility of causing bodily harm. It also requires a periodic check (at least once every 2 hours) of the state of fixation of the locks. In the absence of handcuffs, the employee has the right to use improvised means of binding.
On each case of using a rubber stick, handcuffs, binding, the police squad is obliged to report to the operational duty officer of the internal affairs body.
The internal affairs bodies are armed with tear substances, in particular, "Bird cherry", "Lilac", "Cloud". They are prohibited from being used against children, women, disabled people with obvious signs of disability, the elderly; in schools, children's and medical institutions; in cases where unauthorized persons may suffer; on board the aircraft (helicopter) during the flight. Permission for the direct use of tear substances is taken by the head of a particular operation. Police officers acting individually make such decisions on their own, followed by a report to the immediate superior.
There are also some features of the use of other special tools.
Cartridges with a rubber bullet "Volna-R" - are fired at a distance of no closer than 40 m from a person and only on the lower part of the legs.
Light and acoustic special means - are used at a distance of no closer than 2 m from people.
Means of destroying barriers - it is forbidden to use them in the premises where the hostages are located, and at a distance of at least 2 meters from the person.
Service dogs are used: - when patrolling, the dog must be left on a short leash, without a muzzle; - it is prohibited to patrol with service dogs without a muzzle in crowded places, on trains and in public transport; - it is forbidden to transfer dogs to other persons; leave the dogs unattended during the patrol; - during the inspection of the object, the dog handler should not lose control over the dog; - the dog must not be allowed to detain the criminal if there are unauthorized persons between the dog handler and the criminal; - in accordance with the requirements of the Charter of the PPS in all cases before starting the dog a police officer is obliged to give a command: a) before starting into the premises: “Police! Come out! I let the dog in!"; b) before the persecution: "Police! Stop! Let the dog go!"
Spirals are used: - for carrying out operations to detain criminals; - blocking the paths of movement of groups of offenders; - strengthening the protection of protected objects.
A police unit in a state of necessary defense or emergency in the absence of special means or firearms has the right to use any means at hand.
All types of special means, in addition, can be used in all cases where it is possible to use firearms to kill a person.
On each case of the use of physical force, as a result of which harm was caused to the health of a citizen or material damage was caused to a citizen or organization, as well as on each case of the use of special means, a police officer is obliged to inform the immediate head or head of the nearest territorial body or police unit and within 24 hours from the moment of their application, submit an appropriate report.
Conclusion on the issue: In the Law on Police, in comparison with the Law on Militia, the list of types of special means that are in service with the internal affairs bodies has been clarified: "special sticks" instead of "rubber sticks" (rubber is not the only material for the production of sticks), "special gas means" instead of " tear gas" (special gas agents have not only a tear effect), etc.
Such novelties are primarily due to technological progress, the development of such special (non-lethal) means that would allow the police to achieve legitimate goals with the least intrusion into the rights and freedoms of citizens.
Question 4. Grounds for the use of firearms by the police. Prohibitions related to the use of firearms. Guarantees for the personal safety of an armed police officer.
The Federal Law of the Russian Federation "On Police" establishes the legal grounds under which police officers have the right to use weapons.
The use of firearms is the production of a shot by a police officer to kill an infringing or detained person, up to the deprivation of his life, as well as in a number of other cases.
All other actions permitted by law with a firearm, such as uncovering, removing from a holster, removing a safety catch, sending a cartridge into the chamber, verbally or by demonstrating a threat with a weapon, but without firing a warning shot, striking with a weapon, using the weapon in question within the meaning Russian Law "On Police" are not.
In accordance with Art. 23 of the Federal Law "On the Police" "Use of firearms"
1. A police officer has the right personally or as part of a unit (group) to use 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 providing armed resistance, as well as a person refusing to comply with legal requirement on the surrender of weapons, ammunition, explosives, explosive devices, poisonous or radioactive substances that are with him;
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.
Let us consider in more detail the specific grounds for the use of weapons by police officers.
1. To protect another person or oneself from an attack, if this attack is accompanied by violence dangerous to life or health. In the event of a threat from a person who encroaches on the life or health of citizens, a police officer must take all measures in his power to prevent an attack and detain a criminal. It is especially necessary in this case take into account the following two conditions under which the use of weapons is allowed: firstly, the presence real threat life or health of citizens and, secondly, the emergence of a situation where citizens cannot be protected otherwise than by using weapons.
At the same time, the police officer, having assessed the situation, should not rule out the possibility of neutralizing the criminal by using combat fighting techniques, or in any other way.
Medical criteria for determining the severity of harm to health are contained in the Rules for the forensic determination of the severity of harm to health, approved by Decree of the Government of the Russian Federation of August 17, 2007 No. 522 and by order of the Ministry of Health and social development RF No. 18n dated January 18, 2012
It should be noted that it is impossible to recognize the use of weapons by a police officer as lawful if the attack caused or could actually cause only minor bodily harm.
At the same time, police units must take into account that an attack that is dangerous to the life and health of citizens can be unarmed and consist of holding (for example, during rape), attempts to suffocate, drown, drop from a height, strike with hands and feet, the use of karate, sambo and other types of wrestling that can cause serious harm to health or even death of the person who was attacked. Under such circumstances, the use of firearms by a police officer to protect the life and health of citizens is, of course, lawful.
In the practice of using firearms by police officers to protect the life and health of citizens, great importance determination of the moment of the beginning of the attack and, consequently, the occurrence of grounds for firing a shot.
It is important to know here that the state of necessary defense, and hence the right to use firearms, arises not only at the very moment of a socially dangerous attack, but also in the presence of a real threat of attack, i.e. the attack is considered to have begun already from the moment of an immediate real threat of causing the victim death or harm to health (for example, the attacker pointed a firearm at a citizen, prepared to stab with a knife, a metal object, a stone). In such a situation, the police officer does not have to wait for the attacker to shoot, stab or hit with a knife or other object, but has the right to shoot first.
Another case is a threat to the life and health of a police officer. In such a situation, a police officer has the right, repelling an attack, to use weapons without delay, and in cases where the impending threat is inevitable, without warning.
Weapons shall be used without delay or warning under conditions precluding the possibility of resorting to any other means of protection. This is usually typical for the situation of fighting a criminal, when the intention of the latter to deal with a representative of the authorities is obvious.
In practice, there may be other circumstances that testify to the seriousness of the danger threatening the police officer and justify his subsequent actions to use weapons. Thus, criminals often use items appearance resembling weapons, and with their help achieve the psychological impact they need on the victim of a crime during robbery, robbery, etc. These items that imitate weapons are also used to evade responsibility by threatening them with police squads and other persons detaining criminals. Taking such an object in the hands of the attacker for military weapon, police officers can also repel the threat with the help of their weapons.
2. To suppress an attempt to seize firearms, a police vehicle, special and military equipment, which are in service (providing) to the police.
An attack on a police officer is often accompanied by an attempt to seize his weapon, vehicle or special and military equipment. To suppress such actions, the policeman has the indisputable right to use, first of all, weapons against the attacker. When an offense is committed by a group of persons, a police officer has the right to use weapons against any of the attackers, which is determined by the danger and nature of the actions of the entire group. Most often, an attack on outfits occurs during the detention of persons who have committed a crime, in particular, when suppressing robberies, robberies, racketeering, and hooligan manifestations. Often in such situations, the use of weapons is preceded by the refusal of criminals to obey the representative of the authorities and attempts to inflict reprisal on him, despite warning shouts and shots up.
Taking into account the above circumstances, the Russian law "On Police" has significantly strengthened, in comparison with previous legislation, the legal protection of police officers.
In accordance with Article 24 of the Law of the Russian Federation “On Police”, a police officer has the right to draw a firearm and put it on alert if, in the current situation, there may be grounds for its use, provided for in Article 23 of this Federal Law.
When a person detained by a police officer with a drawn firearm tries to approach the police officer, thereby reducing the distance indicated by him, or to touch his firearm, the police officer has the right to use firearms in accordance with clauses 1 and 2 of part 1 of Article 23 of this Federal Law. law.
3. Release of the hostages. On this basis, police squads have the right to use firearms only against those criminals who are directly involved in the capture or retention of hostages and possess a real opportunity prevent their release or the immediate execution of threats to kill, inflict bodily harm or carry out other violent acts. With regard to other persons involved in the capture or holding of hostages, the use of weapons is lawful if by their actions they pose a threat to the life or health of the hostages and other citizens participating in the release of the 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. The action of police squads to detain a criminal is equated to a state of necessary defense, which makes it possible to legitimately inflict this or that harm on a detainee. The use of firearms for these purposes is subject to a number of conditions.
Firstly, a police officer must personally catch the person in the commission of a crime, that is, be a direct eyewitness.
Consequently, even direct testimony of victims and eyewitnesses to a particular person as having committed a serious crime cannot serve as a basis for the use of weapons during his arrest.
Secondly, the person who committed the crime in front of the police officer is trying to escape. Moreover, this situation refers to an attempt to escape from the scene of a crime or after detention, during the period of his delivery to the premises of the internal affairs body or from the premises of the police department until the issue of criminal procedural detention or detention is resolved.
Thirdly, the police squad must have sufficient grounds to believe that the detainee has just committed, is committing or is trying to commit a serious crime against life, health and property.
In accordance with article 15 of the Criminal Code of the Russian Federation "Categories of crimes", depending on the nature and degree of public danger, acts are divided into:
- crimes of minor gravity - intentional and reckless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed 2 years of imprisonment;
- medium-gravity crimes - intentional acts for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed 5 years of imprisonment, and negligent acts for which the maximum punishment provided for by the Criminal Code of the Russian Federation exceeds 2 years of imprisonment;
- grave crimes - intentional acts, for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed 10 years of imprisonment;
- especially grave crimes - intentional acts, for the commission of which the Criminal Code of the Russian Federation provides for punishment in the form of imprisonment for a term of more than ten years or a more severe punishment.
Thus, not every crime entails the use of weapons during the arrest of the offender. For example, one cannot use a weapon against a person who has caused minor bodily harm to someone and is trying to escape, despite the demands of a police officer to stop.
The prohibition of the use of weapons against persons who have committed minor crimes does not exclude, but, on the contrary, implies the need for police units to use other measures to detain offenders, such as fighting techniques, tying up, etc.
5. To detain a person who provides armed resistance, as well as a person who refuses to comply with a legal requirement to surrender weapons, ammunition, explosives, explosive devices, poisonous or radioactive substances that are with him.
The provision of armed resistance by a criminal to police units is a particular public danger, since as a result of the actions of criminals using firearms, serious harm can be inflicted not only to police officers, but also to citizens who accidentally find themselves on the scene.
In accordance with part 2 of article 23 of the law, armed resistance and armed attack are resistance and attack committed with the use of weapons of any kind, or objects that are structurally similar to real weapons and are outwardly indistinguishable from them, or objects, substances and mechanisms with which they can cause serious bodily harm or death. Armed resistance is usually provided by criminals when they are arrested at the scene of the crime. When suppressing armed resistance, police officers must show resourcefulness, courage, quickly respond to certain actions of the criminal, be prudent and careful in order to evade a blow or a shot in time.
Resistance to police squads is often provided by persons armed with hunting rifles. If the offender does not respond to demands to stop illegal actions and conducts aimed fire, then it is necessary to use all available means to suppress the crime, including such a measure as the use of weapons.
When considering issues related to the detention of a criminal who provides armed resistance, one should always bear in mind that in such a situation, the use of weapons should be only after other possibilities to stop the crime have been exhausted, or when the situation itself forces the use of weapons without delay and warning. Under certain conditions, instead of using weapons, special means (for example, tear gas) can be used to suppress the resistance of an armed criminal and detain him, technical means, dogs.
Naturally and quite obviously, the provision on the right of police squads to use weapons in the arrest of a criminal caught in the commission of a serious crime. Weapons are used in relation to the category of criminals in question in order to prevent the possibility of evading responsibility and committing new serious crimes. However, when there is no such danger, the identity and place of residence of the offender is known, or he does not offer resistance, his detention is carried out in the usual manner.
6. Repulse of a group or armed attack on buildings, premises, structures and other objects of state and municipal bodies, public associations, organizations and citizens. Such an attack is understood as violent actions consisting in an invasion, i.e. in an open, contrary to the established mode of operation of the object, the rules of access control in force on it, the requirements of officials who ensure their observance, or the will of living citizens, penetration into the premises, accompanied by in a number of cases, destruction, damage to the property of the facility (by breaking doors, arson, explosion, etc.), causing bodily harm to persons located there, or the threat of such actions in order to take hostages or establish control over the facility, steal or destroy the property located there , documents or for other purposes.
Violent actions are also recognized as an attack, which are not related to the intrusion into the premises, but are aimed at destroying or damaging it (for example, shelling a building with objects with a combustible mixture, destruction by ramming vehicles or using other mechanisms, etc.).
Objects to repulse an attack on which weapons can be used include buildings of state and public bodies, industrial enterprises of defense significance, power plants, hydraulic structures, gas and oil pipelines, airports, sea and river ports, junctions and other large railway stations, railway and other main bridges, post office, telegraph, radio and television centers, banks, depositories of state valuables, collection and other vehicles transporting money and valuables, etc. Objects (including residential premises) that are attacked during riots accompanied by pogroms, destruction, arson and other similar actions are also recognized as similar.
A special case is the reflection of an attack on protected objects. These include such objects that are taken under protection by the police in accordance with agreements concluded with the relevant departments, if it is recognized that it is necessary to ensure their protection by the police (for example, jewelry factories, museums, etc.).
At objects specially protected by the police, weapons can be used if the duty of the guard is not fulfilled to prohibit approaching the object closer than the border of the established prohibited zone after a warning shout or shot.
If an attack is made on a protected object by an unarmed person or persons, the police officer on duty must, first of all, report this to the duty unit and call a squad to block and detain the criminal (criminals). Under these circumstances, and in the presence of an imminent threat to the life of a police officer on the part of an unarmed criminal or his entry into the object, the use of weapons will be justified to repel such an attack.
Cases of attacks on objects where money and various material values are stored show that criminals carefully prepare for their commission, as a rule, they are armed, act quickly and boldly, and, being caught at the crime scene, put up stubborn resistance, not stopping before using weapons.
7. To prevent the escape from places of detention of those suspected and accused of committing crimes or the 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. An escape is considered to be the unauthorized leaving by a detainee, arrested or sentenced to deprivation of liberty of the established location, i.e. overcoming the line of protection. Such a place can be a temporary detention facility, a pre-trial detention center, other premises of an internal affairs body, a courtroom, a medical institution, a vehicle during escort, etc.
Police squads charged with guarding or escorting arrested, detained and sentenced to deprivation of liberty must decisively stop the escape and pursue the fleeing person with a view to detaining him. If the measures taken to stop the escape failed, a weapon can be used.
Before using a weapon, a patrolman, guard, escort or other police officer in all cases, except for cases of attack, when his life or health is in immediate danger, is obliged to give a warning: “Stop! I will shoot!" - and shoot up.
It is prohibited to use firearms to prevent the escape of others, i.e., unnamed three categories of persons.
Police squads have the right to use weapons not only to stop the escape, but also to stop attempts to forcibly release from custody persons detained on suspicion of committing a crime, in respect of whom detention has been chosen as a measure of restraint, and persons sentenced to deprivation of liberty.
Part 3 of the law "On Police" stipulates other cases of the use of weapons, i.e. they have the right to use firearms in the following cases:
1) to stop the vehicle by damaging it, if the person driving it refuses to comply with the repeated requests 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) for the destruction of locking devices, elements and structures that prevent entry into residential and other premises on the grounds provided for in Article 15 of the Law “On Police”;
4) to fire a warning shot, give an alarm signal or call for help by firing a shot upwards or in another safe direction.
The peculiarity of this type of handling of weapons is that it is not allowed to fire a shot against a person.
As you can see, Part 1 of Art. 23 of the Law provides for cases when a police officer has the right to use weapons to kill an infringing or detaining person, in Part 2 of Art. 23 of this Law, a police officer is prohibited from harming an individual, only causing property damage is allowed.
The law refers only to service weapons, i.e. weapons that are included in the List of special means, types of firearms and ammunition for them, which are in service with the internal affairs bodies, approved by Resolution No. 345 of June 21, 1991, and received by a police officer at the place of service. The right to acquire and store other weapons (for example, hunting) a police officer receives on a general basis. The Law does not indicate what types of service weapons (pistol, machine gun, etc.) a police officer should be armed with. This issue is decided by the head of the body, depending on the current operational situation or the nature and conditions of the performance of official duties.
In part 3 of Art. 18 of the Law provides for the possibility for a police officer to use any special means in a state of necessary defense or emergency, if they do not have special means or firearms. At the same time, a police officer can use, for example, a weapon that he has as a result of physical combat with a criminal, of course, on the grounds, conditions and in the manner prescribed for the use of service weapons. This provision allows a police officer, if necessary, to resort to non-standard firearms, such as hunting or sporting weapons.
All other methods of manipulating a weapon permitted by law for striking, exposing, threatening with a weapon, cocking a hammer, sending a cartridge into the chamber, etc. the use of weapons within the meaning of the Federal Law "On Police" are not.
4. A police officer has the right to use a service firearm of limited destruction in all cases provided for by parts 1 and 3 of this article, as well as in cases provided for by paragraphs 3, 4, 7 and 8 of part 1 of article 21 of this Federal Law.
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.
6. A police officer does not have the right to use firearms in a large crowd of citizens, if random persons may suffer as a result of its use.
On each case of the use of firearms, a police officer, within 24 hours from the moment of its use, is obliged to submit a report to the head of the internal affairs body (police body) at the place of his service or at the place of use of firearms.
It is prohibited to accept into service firearms and ammunition that cause excessively severe injuries or are a source of unjustified risk.
The scope of the use of firearms is the front line of the fight against crime, where opposing wills and physical efforts collide, where the life and health of the law enforcement officers themselves are subjected to real danger. In connection with the growth of criminal terror important element organization of strategic opposition to manifestations of organized crime in Russia should be adequate protection of employees of law enforcement agencies (investigators, operatives, prosecutors, courts, etc.) from revenge, blackmail and physical reprisals. In relation to this problem, the UN documents state the following position: “a threat to the life and safety of law enforcement officials should be considered as a threat to stability in general.” The State is called upon to provide comprehensive security and peace of mind to prosecutions (see paragraph 3 of the Guidelines on the Role of Prosecutors Recommended by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders). Thus, the use of weapons is not only a way to solve official problems, but also a means of protection against criminal encroachments on the civil servants themselves, who are fighting crime, which is a guarantee of their personal safety. And security is understood as the state of protection of the vital interests of the individual, society and the state from internal and external threats. Accordingly, personal security (security of citizens) is the state of protection of the vital interests of the individual from internal and external threats.
Taking into account the above circumstances, the Federal Law "On Police" has significantly strengthened, in comparison with the previous legislation, the legal protection of employees of internal affairs bodies.
In accordance with Article 24 of the Law of the Russian Federation “On Police”, which is called “Guarantees for the Personal Security of an Armed Police Officer”, a police officer has the right to draw a firearm and put it on alert if, in the current situation, there may be grounds for its use, provided for in Article 23 of this Federal law.
When a person detained by a police officer with a drawn firearm tries to approach the police officer, thereby reducing the distance indicated by him, or to touch his firearm, the police officer has the right to use firearms in accordance with clauses 1 and 2 of part 1 of Article 23 of this Federal Law. law.
Thus, in order to ensure their own safety and prevent attempts to take possession of service weapons, a police officer has the right to establish, if necessary, a “security zone or border”, that is, to keep an attacker or detainee under threat of a weapon at a certain distance from him (for example, 2 -5 meters).
The requirement of a police officer to the attacker or the detainee to remain in place or not to approach him closer than the specified distance must be clear, clear and understandable to the attacker, who is warned that if this requirement is not met, weapons will be used against him.
In the event of a sudden attack on a police officer, when there is no time to require the offender to remain still and not move, weapons can be used without prior presentation of any demands and warnings.
At the same time, in all cases of the use of weapons by police officers, prudence, a clear assimilation of the rules of service, ensuring strict compliance with the requirements of the law, are required. It should also be borne in mind that work in the internal affairs bodies is often associated with the need to display great courage and self-control, incompatible with the facts when weapons are used due to insufficient restraint or cowardice.
The Federal Law “On Police”, in order to strengthen the guarantees of personal security of an armed police officer, introduced another type of weapon handling - the right to draw a firearm and put it on alert if he believes that in the current situation there may be grounds for its use.
The spirit of reprisal against a criminal for a committed offense is alien to the legal regulation of the use of weapons. If, nevertheless, a weapon was used to repel the attack of the criminal, and he is injured, the police officer is obliged to provide first aid to the victim, while observing necessary measures precautions in the event of a surprise attack. It is also necessary to notify close relatives or close persons of a citizen about the incident as soon as possible, but not more than 24 hours.
All cases of death or injury resulting from the use of firearms by police officers are notified to the prosecutor at the same time - within 24 hours.
And, finally, the last element of the procedure for the use of weapons is the duty of the police squad to immediately inform the operational duty officer of the internal affairs body about each case of its use, and then, within 24 hours from the moment the firearms were used, submit a report to the head of the territorial internal affairs body at the place of their service or at the place of use of firearms, indicating when, where, against whom the weapon was used, the grounds, circumstances and consequences.
Conclusion on the issue: By using firearms in accordance with Article 23(1) of the Law on Police, a police officer has the right to fire directly at a person committing a socially dangerous act. If the weapon is used in accordance with paragraph 3 of Article 23, then firing a shot at a person is prohibited; the targets are structural parts of the vehicle, the destruction of which will stop its movement, an animal, a locking device, structures that prevent entry into the premises. Part 3 of Article 23 also allows the use of weapons by police officers in the absence of physical targets, i.e. shots upwards or in another safe direction.
Conclusion
Thus, according to the Law of the Russian Federation “On Police”, police officers, in order to fulfill their duties and within the limits of the rights granted, can use physical force, various types of special means and, as a last resort, firearms, while striving, in accordance with the principle of humanism, to cause minimal harm. . This law also provides for prohibitions and restrictions related to the use of special means and firearms.
The legal basis for the use of physical force by police officers is Art. Art. 18 and 20 of the Federal Law of the Russian Federation "On the Police" and paragraph 23 of the Charter of the patrol service. The legal basis for the use of special means by police officers is Art. Art. 18 and 21 of the Federal Law of the Russian Federation "On the Police" and paragraph 23 of the Charter of the patrol service. The legal basis for the use of firearms by police officers is Art. 18, parts 1 and 3 of Art. 23 of the Federal Law of the Russian Federation "On the Police" and clause 23 of the Charter of the patrol service.
Similar information.
1. A police officer has the right to use physical force, special means and firearms personally or as part of a unit (group) in 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 it, 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 it, ammunition that inflict excessively severe injuries or serve as a source of unjustified risk into service with 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 available means, 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 who has received an appropriate permit in the prescribed manner.
7. A police officer who has not passed the 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 the possible use of 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.
Legal advice under Art. 18 of the Police Law
someone is chasing you .... in uniform?)))))))))
- Lawyer's response:
Urgently write in a statement to the prosecutor's office against the cop, while a criminal case has been opened against you. You have the necessary defense (Article 37 of the Criminal Code of the Russian Federation). At the cop - 286 of the Criminal Code of the Russian Federation (excess of powers). they violated paragraph 2 of Art. 11 and Art. 13 of the Federal Law "On the Police" Criminal Code Article 37. Necessary defense 1. 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 legally protected interests of society or the state from a socially dangerous encroachment, if this encroachment was associated with violence dangerous to the life of the defender or another person, or with an immediate threat of the use of such violence. Protection from an attack that is not associated with violence dangerous to the life of the defender or another person, or with an immediate threat of the use of such violence, is lawful if the limits of necessary defense were not exceeded, that is, deliberate actions that clearly do not correspond to the nature and danger encroachment.2.1. The actions of the defending person do not exceed the limits of necessary defense, if this person, due to the unexpectedness of the encroachment, could not objectively assess the degree and nature of the danger of the attack. The provisions of this article apply equally to all persons, regardless of their professional or other special training and official position, as well as regardless of the possibility of avoiding a socially dangerous encroachment or seeking help from other persons or authorities. Law of the Russian Federation of April 18, 1991 N 1026-I "On the police" Article 11. The rights of the police The police, in order to fulfill their duties, are given the right to: 2) check identity documents of citizens if there are sufficient grounds to suspect them of committing a crime or to believe that they are in search, or there is a reason to initiate an administrative offense case against them; to carry out, in the manner established in accordance with the legislation on administrative offenses, a personal search of citizens, an examination of their belongings, if there is sufficient evidence, to believe that citizens have weapons with them, ammunition, explosives, explosion Article 12. Conditions and limits for the use of physical force, special means and firearms the detention of suspected and accused bodies of internal affairs - the Federal Law "On the detention of suspects and accused of committing crimes." Police officers are required to undergo special training, as well as periodic testing for suitability for actions in conditions associated with the use of physical force, special means and firearms. When using physical force, special means or firearms, a police officer is obliged to: while providing sufficient time to fulfill the requirements of a police officer, except in cases where delay in the use of physical force, special means or firearms creates an immediate danger to the life and health of citizens and police officers, may entail other serious consequences, or when such a warning in the created situation is inappropriate or impossible; strive, depending on the nature and degree of danger of the offense and the persons who committed it, and the strength of the opposition provided, to ensure that any damage caused by this is minimal; ensure persons, injured, providing first aid and notifying their relatives as soon as possible; notify the prosecutor
- Lawyer's response:
The official name is PR (rubber stick), is a special. means with all the ensuing consequences, namely: 1. Apply special. funds are entitled to a limited number of people (cops, private security guards, etc.)2. You don’t look like a cop :)), but if you become a private security guard, you can use special means for: Article 17. The rules for the use of special means established by the Government of the Russian Federation for internal affairs bodies of the Russian Federation apply to private detective and security activities. Private detectives and security guards have the right to use special means in the following cases: 1) to repel an attack that directly threatens their life and health; 2) to suppress a crime against the property protected by them, when the offender offers physical resistance. It is forbidden to use special means in relation to women with visible signs of pregnancy, persons with obvious signs of disability and minors, when their age is obvious or known to a private detective (security guard), except when they show armed resistance, commit a group or other attack that threatens the life and health of a private detective (guard) or protected property. And at the same time: The security guard, when using special means or firearms, or the private detective, when using special means, must: warn about the intention to use them, while providing enough time to fulfill his requirements, except in cases where when delay in the use of special means or firearms creates an immediate danger to his life and health or may entail other grave consequences; strive, depending on the nature and degree of danger of the offense and the persons who committed it, as well as the strength of the opposition provided, to ensure that any damage caused by eliminating the danger is minimal; provide persons who have received bodily injuries with first aid and notify the health and internal affairs authorities of the incident as soon as possible; notify the prosecutor immediately of all cases of death or injury. Licensed private detectives and security guards are required to be periodically tested for fitness to act in conditions associated with the use of special equipment and firearms. Such verification is carried out in the manner determined by the Ministry of Internal Affairs of the Russian Federation. The use by a private detective or security guard of special means or firearms in excess of their authority, emergency or necessary defense entails the deprivation of a license, as well as other liability established by law. on the collarbone, well, somewhere else. So I wish you success in this difficult task :-)))
- Lawyer's response:
It all depends on the gas in the balloon. If these are all sorts of pepper and other harmless nonsense sold in stores, then you can safely use it whenever you like (naturally without violating the Criminal Code), if the gas is really tear (like "Bird cherry"), then it belongs to the special. means and a limited number of people (cops, security, etc.) can use it. Article 17 their life and health; 2) to suppress a crime against the property they protect, when the offender offers physical resistance. It is forbidden to use special means against women with visible signs of pregnancy, persons with obvious signs of disability and minors when their age is obvious or known to a private detective ( security guard), except when they provide armed resistance, commit a group or other attack that threatens the life and health of a private detective (security guard) or protected property. x means or firearms or a private detective when using special means is obliged: to warn about the intention to use them, while providing sufficient time to fulfill his requirements, except in cases where delay in the use of special means or firearms creates an immediate danger to his life and to health or may entail other serious consequences; strive, depending on the nature and degree of danger of the offense and the persons who committed it, as well as the strength of the resistance provided, to ensure that any damage caused when the danger is eliminated is minimal; ensure persons who have received bodily damage, first aid and notify the health and internal affairs authorities of the incident as soon as possible; immediately notify the prosecutor of all deaths or injuries. Private detectives and licensed security guards are required to undergo periodic checks for ability to act in conditions associated with the use of special means and firearms. Such verification is carried out in the manner determined by the Ministry of Internal Affairs of the Russian Federation. The use by a private detective or security guard of special means or firearms in excess of their authority, emergency or necessary defense entails the deprivation of a license, as well as other liability established by law. If these are chemical warfare agents, stay away from them .... health and freedom is more expensive!!!
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What is the essence of the question?
- Lawyer's response:
The order reads: "The vehicle used is controlled by the driver himself, in the absence of the need to remove him from control." And such a necessity, according to the newly-minted police officers, may be the prosecution of a criminal or the prevention of a crime. True, before using the car, they will have to inform the place and time of returning the car to the owners and then, upon request, issue a certificate that a law enforcement officer used the vehicle. The policeman who took the car will be required to immediately report this to the duty unit, and at the end of use, leave the car at the door of the internal affairs department, describe the condition of the car and what was in it. The duty to return the car to the driver will fall on the duty department of internal affairs. At the same time, it is forbidden to use cars of diplomats and consular employees, as well as if there are pregnant women or minors in them. If the car is damaged, "documenting the damage is carried out in the prescribed manner" with the provision of copies of documents to the owner. http://www.rg.ru/2011/08/18/police.html Article 19. The procedure for the use of physical force, special means and firearms 1. Before using physical force, special means or firearms, a police officer must inform the persons against whom the use of physical force, special means or firearms is expected, that he is a police officer, warn them of his intention and give them the opportunity and time to comply with the lawful demands of the police officer. In the case of the use of physical force, special means or firearms as part of a unit (group), the specified warning is made by one of the police officers included in the unit (group). http://www.consultant.ru/popular/police/115_5.html
- Lawyer's response:
Has the right to even use force
Article 12.1. Ensuring intra-object and access regimes at security facilities
In accordance with the contract for the provision of security services, concluded by a security organization with a client or customer, private security guards, while ensuring intra-object and access control within the security object, as well as during the transportation of protected goods, money and other property, have the right to:
1) require personnel and visitors of security facilities to comply with intra-object and access regimes. The rules for compliance with the intra-object and access control established by the client or customer must not contradict the legislation of the Russian Federation;
2) to carry out the admission of persons to the objects of protection, where the access regime is established, upon presentation of documents giving them the right to enter (exit) persons, entry (exit) of vehicles, bring in (take out), import (export) property to the objects of protection ( from the objects of protection) ;
3) to carry out, within the limits established by the legislation of the Russian Federation, at security facilities where access control is established, inspection of vehicles entering the security facilities (leaving security facilities), with the exception of vehicles of operational services of state paramilitary organizations, in case of suspicion, that these vehicles are used for illegal purposes, as well as inspection of the property brought to the objects of protection (taken out from the objects of protection). Inspection of these vehicles and property must be carried out in the presence of drivers of these vehicles and persons accompanying these vehicles and property;
4) use physical force, special means and firearms in the cases and in the manner established by the legislation of the Russian Federation;
5) provide assistance to law enforcement agencies in solving the tasks assigned to them.
The actions of private security guards at security facilities are regulated job description private security guard. Standard requirements for the job description of a private security guard are approved by the federal executive body in charge of internal affairs. A copy of the job description of a private security guard is mandatory sent to the internal affairs body at the location of the corresponding object of protection.
Private security guards, when providing intra-object and access control, are obliged to:
1) be guided by the job description of a private security guard;
2) observe the constitutional rights and freedoms of man and citizen, the rights and legitimate interests of individuals and legal entities;
3) ensure the protection of objects of protection from unlawful encroachments;
4) immediately notify the head of the private security organization and to the relevant law enforcement agencies information that has become known to them about crimes being prepared or committed, as well as about actions, about circumstances that create a threat to people's safety at security facilities;
5) present, at the request of law enforcement officers, other citizens, a certificate of a private security guard.
Private security guards are prohibited from obstructing the lawful actions of officials of law enforcement and regulatory bodies in the exercise by these officials of their activities. - Lawyer's response:
Nikita Patrikov
Please, help me to solve the problem of administrative law. During the release of the hostages taken by three drunken strangers, 14-year-old Ivanov was wounded. Captain Sidorov indicated in his report that Ivanov attacked him with a knife in his hands when the captain was trying to free a pregnant woman from her handcuffs. Is it possible to attract the captain for abuse of office, since Ivanov fully corresponded physically to his age. Could the captain use firearms against him? Thanks in advance.
- Lawyer's response:
Note. The use of firearms is prohibited (parts 5 - 6 of article 23):
- in relation to women, persons with obvious signs of disability, minors (with the exception of cases when these persons provide armed resistance, commit an armed or group attack that threatens the life and health of citizens or a police officer);
- with a significant accumulation of citizens, if as a result of its use random persons may suffer.According to Art. 23 of the Law on Police, a police officer has the right to use firearms:
- to protect another person or oneself from encroachments involving violence dangerous to life or health;
- suppression of attempts to seize firearms, vehicles, special and military equipment of the police;
- release of hostages;
- detaining a person caught committing a grave or especially grave crime against life, health or property and trying to escape, if it is not possible to detain this person by other means;
- detaining a person who provides armed resistance or refuses to comply with a legal requirement to surrender weapons, ammunition, explosives, explosive devices, poisonous or radioactive substances;
- repelling a group or armed attack on buildings and structures of state and municipal bodies, public associations, organizations and citizens;
- suppression of the escape from places of detention of suspects and those accused of committing crimes or the escape from the escort of persons detained on suspicion of committing a crime, persons sentenced to imprisonment;
- stopping the vehicle by damaging it, if the person driving it refuses to comply with the repeated requests of a police officer to stop and tries to hide, endangering the life and health of citizens;
- neutralization of an animal that threatens the life and health of citizens and (or) a police officer;
- destruction of locking devices, elements and structures that prevent penetration into residential and other premises on the grounds specified in the law;
- firing a warning shot, sounding an alarm or calling for help by shooting upwards or in another safe direction.
- Lawyer's response:
- Lawyer's response:
Article 35 , convictions, who speak the state language of the Russian Federation, have an education not lower than secondary (complete) general, capable of performing the duties of a police officer due to their personal and business qualities, physical fitness and health status. 2. In educational institutions higher vocational education of the federal executive body in the field of internal affairs, citizens of the Russian Federation who have not reached the age of 18, who have a secondary (complete) general education. 3. A citizen of the Russian Federation cannot be recruited into the police service in the cases provided for by Part 1 of Article 29 of this Federal Law, as well as in cases where he: 1) has a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation; Federations on the territory of a foreign state; 2) is a suspect or accused in a criminal case; 3) repeatedly during the year preceding the day of entering the police service, was subjected to judicial order administrative punishment for intentionally committed administrative offenses; 4) does not agree to comply with restrictions, prohibitions, perform duties and bear responsibility established for police officers by this Federal Law and other federal laws. 4. Citizens of the Russian Federation entering the police service undergo psychophysiological examinations, testing for alcohol, drug and other toxic addiction in the manner determined by the federal executive body in the field of internal affairs. 5. For a citizen of the Russian Federation entering the service of the police, a personal guarantee is issued, which consists in a written obligation of an employee of the internal affairs bodies who has at least three years of service that he vouches for the observance by the specified citizen of the Russian Federation of restrictions and prohibitions established for police officers by this Federal Law and other federal laws. The procedure for issuing a personal guarantee is determined by the federal executive body in the field of internal affairs. 6. A personal file is drawn up for a police officer. The procedure for maintaining the personal files of police officers and the procedure for centralized recording of personal data of police officers and citizens of the Russian Federation entering the police service are determined by the federal executive body in the field of internal affairs. 7. A police officer takes the Oath of an employee of the internal affairs bodies of the Russian Federation. 8. Appointment to the positions of the highest commanding staff of the police and dismissal from these positions are carried out by the President of the Russian Federation.
- Lawyer's response:
Employees of the Federal State Unitary Enterprise "OKHRANA" of the Ministry of Internal Affairs of Russia at this moment are police officers. Accordingly, they have special ranks, uniforms and shoulder straps.
Firstly, upon admission to any position, in any paramilitary structure that provides for the assignment of a special rank, storage and carrying of firearms, the candidate must pass a military medical commission in a specialized institution, and based on the conclusion of the commission, he is recognized as fit to pass service or unfit for service for health reasons.Secondly, police officers are required to undergo a military medical commission, as well as periodic checks (at least once a year) for suitability for actions in conditions associated with the use of physical force, special means and firearms.
Thirdly, the candidate (employee) takes a lot of blood tests for HIV, Hepatitis, Syphilis, Sexually Transmitted Diseases, etc.
- Lawyer's response:
Let's turn to His Majesty the LAW!
But for employment as a bailiff according to the OUPDS, in addition to this certificate, the candidate must pass a military medical commission in a specialized institution, and based on the conclusion of the commission, he is recognized as fit for service or unfit for service for health reasons. Everything is strict here. OUPDSniki once a year pass VVK. Since they are obligated by the specifics of their work (arrivals, detentions, maintaining order in the courtrooms, the judges themselves, organizing access control in bailiff departments). Of course, if you did not serve in the army, then you will not pass the VVK.
- Appointment to the positions of bailiffs is carried out in the order of competition
At the same time, according to Article 11 of the same law
Bailiffs for OUPDS are required to undergo special training, a military medical examination, as well as periodic checks (at least once a year) for suitability for actions in conditions associated with the use of physical force, special means and firearms.Thus, when entering the Federal State Civil Service in the FSSP of Russia, a bailiff, an interrogating bailiff or an assistant bailiff must provide a certificate of the established form on the absence (presence) of a disease that prevents admission to the federal state civil service (a certificate of form 001- is needed GS / y - the conclusion of a therapist, neurologist, psychiatrist-narcologist, psychiatrist). It can be obtained from the local clinic.
Bailiffs, bailiffs, interrogating bailiffs, assistant bailiffs once a year must undergo a medical examination. But as a rule, they only undergo fluorography. True, last year all the girls were forced to go to the gynecologist ... there were so many screams and indignations, but everyone bought a certificate together, because how to roam around the clinics and sit in queues there is no time, things are in the eyes xDBut for employment as a bailiff according to the OUPDS, in addition to this certificate, the candidate must pass a military medical commission in a specialized institution, and based on the conclusion of the commission, he is recognized as fit for service or unfit for service for health reasons. Everything is strict here. OUPDSniki once a year pass VVK. Since they are obligated by the specifics of their work (arrivals, detentions, maintenance of order in the courtrooms, the judges themselves, the organization of access control in the departments of bailiffs)
- Lawyer's response:
Let's turn to the current legislation.
According to Article 4 of the Federal Law "On Bailiffs"
Bailiffs, depending on the duties they perform, are divided into bailiffs to ensure established order activities of courts and bailiffs.
Service in the FSSP of Russia is a type of Federal State Civil Service. Thus, the Federal Law No. 79-FZ “On the State Civil Service of the Russian Federation” also applies to all employees of the FSSP of Russia
Appointment to the positions of bailiffs is carried out in the order of competition
At the same time, according to Article 11 of the same law
Bailiffs for OUPDS are required to undergo special training, a military medical examination, as well as periodic checks (at least once a year) for suitability for actions in conditions associated with the use of physical force, special means and firearms.But for employment as a bailiff according to the OUPDS, in addition to this certificate, the candidate must pass a military medical commission in a specialized institution (In our city, then the MSU of the Central Internal Affairs Directorate), and based on the conclusion of the commission, he is recognized as fit for service or not fit for health service. Everything is strict here. OUPDSniki once a year pass VVK. Since they are obligated by the specifics of their work (arrivals, detentions, maintenance of order in the courtrooms, the judges themselves, the organization of access control in the departments of bailiffs)
Therefore, the selection in the OUPDS is similar to the selection in the Ministry of Internal Affairs. Accordingly, the main selection criterion for the competition in the OUPDS is military service. The second criterion is good physical fitness and a higher economic or legal education.
Enrollment in the Federal State Civil Service in the FSSP of Russia by a bailiff, an interrogating bailiff or an assistant bailiff must provide a certificate of the established form on the absence (presence) of a disease that prevents admission to the federal state civil service (a certificate of form 001-GS / y is needed - the conclusion of a therapist, neurologist, psychiatrist-narcologist, psychiatrist). It can be obtained from the local clinic.
Bailiffs, interrogating bailiffs, assistant bailiffs are federal state civil servants and are not paramilitary. All FSSP employees must undergo a medical examination once a year. But in practice, they only undergo fluorography. True, last year all the girls were forced to undergo a gynecologist ... there were so many screams and indignations, but everyone together bought a certificate, because there is no time to roam around the clinics and sit in queues, there is no business
Appointment to the positions of bailiffs is carried out in the order of competition.Federal Law No. 410-FZ of 06.12.2011 amended the Federal Law “On Bailiffs” and certain legislative acts of the Russian Federation.
The amendments, in particular, establish more stringent requirements for a candidate to fill the position of a bailiff (higher legal or economic education). If a candidate has a secondary professional education, a candidate can only apply for the position of assistant bailiff.According to Article 4 of the Federal Law "On Bailiffs"
Bailiffs, depending on their duties, are divided into bailiffs to ensure the established procedure for the activities of courts and bailiffs.At the same time, according to Article 11 of the same law
Bailiffs for OUPDS are required to undergo special training, as well as periodic checks (at least once a year) for suitability for actions in conditions associated with the use of physical force, special means and firearms.But when entering the Federal State Civil Service in the FSSP of Russia, the bailiff-executor, the bailiff-investigator or the assistant bailiff must provide a certificate of the established form on the absence (presence) of a disease that prevents admission to the federal state civil service (a certificate of form 001-GS is needed /y - conclusion of a therapist, neurologist, psychiatrist-narcologist, psychiatrist). It can be obtained from the local clinic.
Bailiffs, bailiffs, interrogating bailiffs, assistant bailiffs once a year must undergo a medical examination. But as a rule, they only undergo fluorography. True, last year all the girls were forced to go to the gynecologist ... there were so many screams and indignations, but everyone bought a certificate together, because how to roam around the clinics and sit in queues there is no time, things are in the eyes xD
Art. 35 of the Law on the Police, citizens of the Russian Federation not younger than 18 years old and not older than 35 years old, regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, who own the state in the language of the Russian Federation, having an education not lower than secondary (complete) general, capable of performing the duties of a police officer in terms of their personal and business qualities, physical fitness and health status. 2. Citizens of the Russian Federation who have not reached the age of 18 and who have a secondary (complete) general education may be admitted to educational institutions of higher professional education of the federal executive body in the field of internal affairs. 3. A citizen of the Russian Federation cannot be recruited into the police service in the cases provided for by Part 1 of Article 29 of this Federal Law, as well as in cases where he: 1) has a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation; Federations on the territory of a foreign state; 2) is a suspect or accused in a criminal case; 3) repeatedly during the year preceding the day of entering the police service, was subjected to administrative punishment in court for intentionally committed administrative offenses; 4) does not agree to comply with restrictions, prohibitions, perform duties and bear responsibility established for police officers by this Federal Law and other federal laws. 4. Citizens of the Russian Federation entering the police service undergo psychophysiological examinations, testing for alcohol, drug and other toxic addiction in the manner determined by the federal executive body in the field of internal affairs. 5. For a citizen of the Russian Federation entering the police service, a personal guarantee is issued, which consists in a written obligation of an employee of the internal affairs bodies who has at least three years of service that he vouches for the observance by the specified citizen of the Russian Federation of restrictions and prohibitions, established for police officers by this Federal Law and other federal laws. The procedure for issuing a personal guarantee is determined by the federal executive body in the field of internal affairs. 6. A personal file is drawn up for a police officer. The procedure for maintaining the personal files of police officers and the procedure for centralized recording of personal data of police officers and citizens of the Russian Federation entering the police service are determined by the federal executive body in the field of internal affairs. 7. A police officer takes the Oath of an employee of the internal affairs bodies of the Russian Federation. 8. Appointment to the positions of the highest commanding staff of the police and dismissal from these positions are carried out by the President of the Russian Federation. If you meet all the assessment data and are fit for service according to the conclusion of the medical commission, then you can join the police! In any case, you must contact the police authority where you want to serve for specific clarifications about the service! The presence or absence of military service is not a reason for refusal to serve in the police! I even called my husband and asked, yes, I must)) No, you need to wait until he dies. Federal Law No. 77-FZ of April 14, 1999 "On Departmental Security" Chapter IV. The use of physical force, special means and firearms ...
Zinaida Kuzmina
and you know in what cases police officers can use physical force?. The use of physical force by police officers The use of physical force and special means by police officers against the offender is lawful only in case of malicious disobedience of a citizen to the lawful demands of a police officer. the use of force and special means against you has a real prospect, you need to know the rules and limits for the implementation of such actions by police officers. When using physical force and special means, a police officer is obliged to: requirements, except in cases where delay creates an immediate danger to the life and health of citizens and police officers, may lead to other serious consequences, or when such a warning is accompanied by given the situation is inappropriate or impossible; Depending on the nature and degree of public danger of the offense and the persons who committed it, the forces of the counteraction provided should strive to ensure that any damage caused to them is minimal. Ensure that persons who have received bodily injuries are provided with pre-hospital medical care and notification of their relatives as soon as possible. Submit a report to the head of the city district linear authority and the commander of the combat unit on cases of the use of physical force, special means and firearms. The use of physical force, special means and firearms in excess of authority entails liability established by law. Therefore, if physical force was used against you during detention, this must be indicated in the protocol.
Pavel Krivopolenov
On the street A uniformed policeman stops me. , shows the certificate, asks to show the documents. I submit. To my question, what caused his attention to my modest person, obscene expressions and the requirement to stand facing the wall, etc., do not want to enter into a conflict, I obey. They search me and turn my back to the wall. The policeman accompanies all his actions with rudeness and threats of physical violence. After a remark on my part about the inadmissibility of such behavior, he tries to hit me in the body, but misses, not without my help. After that, he completely switched to the mat and made an attempt to hit me in the face, for which he was laid on the asphalt. After that, I called the police. Can my actions be qualified as necessary self-defense. There are witnesses that I did not provoke the policeman in any way and obeyed all his requirements until he began to try to beat me.
Stepan Bobykin
And this is a weapon? And what about the cop's rubber baton? And if I have one? Can I rape it with me? Can I use it for self-defense?
Ksenia Vorobieva
In what situations can you use a gas spray for self-defense? And wouldn't that be an excess of self-defence?
Elena Romanova
Question for the police...
Daniil Kurysev
Can the police do this? (in law). 1. "Police officers ... have the right to use the vehicle of a law-abiding citizen for official purposes in exceptional cases ..." Well, Mr. Policeman took, for example, a gelding 600, if ****l it properly, will the state allocate compensation? or they will tell the driver, well, you helped, and to hell with you, damn it! 2. 2 bums attacked you, rolled you up, you made "nettles" to one there, they say, well, that's it, they played it out and get ksivs, how can they be distinguished from maniacs, should they show certificates before using force?
Olga Bogdanova
What powers does an employee of a private security company have - he sits on duty and writes who walks? Does he even have the right to demand documents at the entrance? Can he use force?
Vladislav Uporov
Which articles of which laws prohibit pointing firearms unnecessarily at people? What are the punishments for this? Not Art. 119 of the Criminal Code of the Russian Federation = Threat to kill! Or rather, not only her - there seems to be a separate rule prohibiting unnecessarily pointing firearms at people, EVEN IF YOU KNOW THAT THE WEAPON IS NOT LOADED.
Antonina Aleksandrova
tell me about the law on the police!. what are the requirements for applicants for the position of a police officer (it is written that clauses 1-2 of article 35 have become invalid)
Maria Markova
Do employees of FSUE "Protection" go through a medical examination every year? And what tests are being done? Do employees of FSUE "Protection" go through a medical examination every year? And what tests are being done? In particular, for HIV?
Vadim Svetushkin
Can I become a bailiff without serving in the army, but with a law degree?. military ID is category B was not accepted due to asthma
Fedor Gorikhvostkov
Do you need military service to work in the FSSP? I heard that if you don’t get a job in the OUPDS, then you don’t need an urgent
Natalia Lebedeva
in what cases can a Russian policeman use a weapon, only when to shoot him first?
Viktor Serokvaschenko
please help urgently
