The use of weapons by a police officer

любыми гражданами, в том числе исполняющими служебные обязанности, считается крайней мерой. The use of weapons and physical force by any citizen, including those performing official duties, is considered an extreme measure. Rules for the use of special means are regulated by different legal documents. правоохранительных органов регулируется Уставами и федеральным законодательством. In particular, the use of weapons by law enforcement officials is regulated by the Charters and federal legislation. Let's consider the basic rules.

general information

. The current legislation determines the cases in which the use of weapons is permitted. In the Criminal Code, the notion of "necessary defense" is used. If there are sufficient grounds, an official may use the weapon in the performance of his duties. Meanwhile, the Charter and branch federal laws establish a number of restrictions for cases that formally fall under the necessary defense.

Protection from attack

допускается в случае возникновения явной угрозы охраняемым объектам. The use of weapons by the Russian police is allowed in the event of an obvious threat to the protected objects. These include, in particular, the columns of machines, the location of the w / h and subunits, buildings, single transport, echelons and sentries. The attack can be carried out by both armed and unarmed people. In the first case, the attack is regarded as a threat to life. в таких ситуациях будет считаться необходимой обороной. Accordingly, the use of weapons by a police officer in such situations will be considered necessary defense. As for the second case, such an attack does not carry a direct threat to life. The criminal legislation prohibits the deprivation of a person's life in such situations. допускается после оценки служащим соразмерности предполагаемого вреда и ущерба, который будет нанесен в ответ. The use of weapons by a police officer is permitted after an employee's assessment of the proportionality of the alleged harm and damage to be caused in response.

Suppression of unlawful actions

допускается при несении ими службы на охраняемых объектах, в случае возникновения угрозы неправомерного их захвата. The use of weapons by the police is allowed when carrying out their service at protected sites, in case of the threat of their unlawful seizure. At the same time, officials are obliged to take into account that any property, including defense value, has less value than human life. In this regard, the decision to use weapons must be weighed.

Protection of order

разрешено при наличии угрозы здоровью/жизни населения. The use of weapons by the police is permitted in the presence of a threat to the health / life of the population. It does not matter, with respect to whom protection is being carried out - civilians or those in the ranks of the armed forces. The conditions for the implementation of the necessary defense envisaged in the legislation cover the situation when the threat to the population is thwarted, if the alleged health damage is excluded from it. допускается, если существует реальная угроза для жизни граждан. In other words, the use of weapons is allowed if there is a real threat to the lives of citizens. The law makes one more reservation. The norms state that the use of special means is permitted, if it is impossible to provide protection in other ways. In the opinion of some experts, the inclusion of this reservation in the law is inexpedient.

Detention

в отношении граждан, оказывающих сопротивление. Legislation and the Charter allow the use of weapons by a police officer against citizens who resist. However, in this case one condition must be met. The subject in respect of whom the detention is carried out must be armed. Employees can use an automatic machine, a pistol and other special means if the citizen does not want to surrender voluntarily. It is worth mentioning that the mere fact of having a weapon from the subject, in respect of which the detention is carried out, as well as its resistance and reluctance to comply with the demands of law enforcement officers, serve as grounds for qualifying his behavior as a criminal offense.

Specificity

The purpose of detention is determined by the Criminal Code ( Article 38 ). , согласно норме, не должно быть в отношении субъекта ни при каких условиях. The use of weapons , according to the norm, should not be in relation to the subject under any circumstances. In it, in particular, it is said that the purpose of detention is to bring a citizen to law enforcement bodies, to stop the commission of new illegal acts. Thus, the subject must be detained and brought to the duty unit. However, after a deeper analysis of the norm, we can draw the following conclusion. Armed resistance provided by a citizen from the moment of beginning confrontation to representatives of law enforcement bodies is an encroachment on their life. In this situation, accordingly, the conditions for the necessary defense are formed. The presence of weapons in the subject, even if at the time of restraint, it was not used by them, is a sufficient basis for carrying out actions on the part of employees that could lead to the death of the offender.

Additionally

. The Charter of Internal Service also specifies other cases in which the use of weapons is permitted. Thus, part two of Art. 14 The UVS allows its use for calling for help, scaring out animals that pose a threat to the life / health of the population, as well as for alarming. во внештатных ситуациях, присутствуют и в иных нормативных актах. It should be noted that the provisions permitting the use of weapons in extraordinary situations are also present in other normative acts.

Prohibitions

In Art. 14 UVS defined the categories of citizens for whom the use of weapons is not allowed. They include:

1. Juveniles, if their age is obvious or known.
2. Women.
3. Persons with external and obvious signs of disability.

If these citizens are armed or commit a group attack, thus creating a threat to the lives of others, the use of weapons is permitted, if no other way to neutralize the danger emanating from them is impossible.

Normative provision

The rules for the use of weapons by the servicemen are generally established in the Internal Affairs Service, in parts 1 and 2 of Article 13. The statutory act provides certain powers for officials. They are realized in the course of performance by the employees of their duties. If absolutely necessary, the law allows the use of weapons during off-duty hours. In the general provisions of the Ministry of Internal Affairs, there are also regulations on the wearing and storage of special means.

Law

The Federal Law "On Arms" defines the rules for its application by civilians. The normative act establishes that the use of special means is allowed only if the subject owns them legally. Weapons can be used to ensure the protection of life, health, property, in extreme cases - and in carrying out the necessary defense. Before using special means, a person is obliged to warn the citizen against whom they are directed about their actions. In exceptional cases, this can not be done. In particular, we are talking about situations in which procrastination can cost a person life or entail other severe consequences. When using weapons, the subject should not cause harm to third parties. The Law prescribes to report on every fact of using special means in the territorial department of the Interior Ministry.

Wearing rules

Legislation defines categories of citizens who should not carry weapons and apply them. They include:

1. Persons in a state of intoxication.
2. Citizens taking part in demonstrations, processions, rallies, gatherings, religious rites / ceremonies, picketing, cultural events, sports or other events involving a large number of people.

The last rule, however, does not apply to:

1. Persons participating in competitions involving the use of sports weapons.
2. Citizens exercising powers to protect order and security.
3. Cossacks participating in meetings, rituals, ceremonies, entertaining, cultural or other events involving the mandatory wearing of a national costume. As a rule, this is allowed in areas where the presence of a blade weapon is considered to be an integral part of it.

Subjects who act as organizers of entertainment, cultural, sports and other public events are entitled to temporarily store special means that citizens own legally, according to the rules established in federal legislation.