Unlike the previous Law "On Police", the Law "On Police" in force today in the Russian Federation establishes more stringent requirements for law enforcement officers. In particular, this applies to the use of weapons by employees. Moreover, the word “use” is not indicated in the regulatory enactment. The actions of employees with weapons are considered in the context of their use. We will examine further the specifics of the implementation of the Law "On Police " in the Russian Federation .
General information
The rights of the police are enshrined in Article 13 of the Federal Law No. 3. All of them are closely related to the rule of law.
The list of police rights is quite wide. However, during their implementation, employees should not go beyond the law.
Often situations arise in which it is necessary to use service weapons. In order to avoid unjustified victims, regulatory acts establish special rules and grounds for this.
Terminology specifics
The grounds for the use of weapons by employees are defined in Federal Law No. 3 " On Police" in article 23 (parts 1 and 3).
As the first part of this norm establishes, a citizen committing an unlawful act acts as the object of the use of weapons. According to part 3, the objects of influence are the human psyche, animals, and transport.
It is necessary to emphasize the specifics of the manipulations that are not recognized as the use of weapons in the Federal Law "On Police". Article 23 does not contain indications that this action amounts to exposing a weapon, putting it into combat readiness, and threats (through a demonstration or verbal warnings) without a warning shot, as well as using it for delivering strikes. Accordingly, these manipulations in the context of a normative act are not applicable.
Action characteristics
The use of firearms by a police officer should be considered the performance by an employee who is in urgent need or necessary defense or in the process of detaining a criminal, aimed shot to kill. This shot, respectively, should be aimed towards the detained or encroaching person or at other objects in cases stipulated by part 3 of article 23.
Part 1 of this rule establishes the right of a police officer to use weapons as part of a unit or in person. In turn, the commander, giving the appropriate order, will bear personal responsibility for the legality and validity of actions. An employee who receives a deliberately unlawful order is required to follow the provisions of the law.
Hazard prevention
In the cases described in the Federal Law "On Police" in article 23 , there is either a state of emergency, or necessary defense, or a situation of detention of the offender.
The first reason for the use of weapons by employees is the protection of an individual or himself from encroachment, if it is accompanied by violence that poses a danger to health / life.
The article 23 present in the Federal Law " On Police" does not disclose the concept of life-threatening effects. Characterization of this concept can be given by referring to other regulatory acts, as well as judicial practice.
Such an impact on the victim of an assault is considered dangerous if, in the event of unhindered further development or without suspension, it will result in the death of the person. In judicial practice, it is considered an effect that entailed or is capable of causing harm to health with its short-term upset or persistent, but insignificant loss of working capacity by a citizen.
The Rules for determining the severity of damage contain medical criteria by which the nature of the damage is assessed. This document is approved by government decree No. 522.
The moment of foundation
Due to the fact that the use of special equipment and weapons is aimed at providing protection, the main task is to prevent the occurrence of possible harm. In this regard, in accordance with the provisions of the Decree of the Plenum of the Armed Forces of Ukraine No. 19 of 2012, when a criminal is detained, the conditions of necessary defense arise not only at the moment of the onset of an encroachment, not accompanied by violence that poses a danger to others, but also when a real threat of such an encroachment appears, i.e. . at the moment when the attacker is ready to proceed to harm to health. Bearing this in mind, an attack should be recognized as having begun when there was a real danger of causing the victim an assault or death.
Suppression of the possession of objects in service
Another basis for the use of special means and weapons is the commission by a citizen of unlawful acts related to the appropriation of weapons, vehicles, military or other special equipment that are armed with the police. Such actions can be carried out secretly or openly, but always against the will of the employee.
In this case, there may be an extreme need, and the necessary defense.
Hostage release
In such cases, the possibility of using weapons should be determined taking into account the need to prevent the threat to the life / health of the captured persons.
Within the meaning of the provisions enshrined in the Federal Law " On Police" in article 23 , an employee may use weapons exclusively against citizens participating in an unlawful act. Consequently, when detaining subjects, although involved in the capture of citizens, but not having a real opportunity to realize their intention, the use of weapons or special means on this basis is not allowed. With attackers, as a rule, contact occurs outside the location of the hostages themselves. For example, criminals arrived at negotiations on the conditions for the release of captured persons.
Criminal Detention
In such situations, a special procedure for the use of weapons is in force, since it is likely that an attacker will be harmed. The question of its lawfulness is decided exclusively within the framework of the institution of detention.
A policeman has the right to use weapons in the following circumstances:
- The employee himself caught the person committing the crime. In other words, the employee was an eyewitness.
- The circumstances of the incident should give the employee enough reason to believe that the citizen has just committed, is committing at the moment, or is attempting to commit an act that is classified by law as grave, especially grave.
- The subject involved in the assault, which was witnessed by law enforcement officials, is trying to hide or escape after being detained.
- To stop the unlawful actions of a person, except through the use of weapons, is not possible.
Armed resistance
It comes as an independent basis for the use of weapons by employees. It is provided for in the Law "On Police", in Art. 23, part 1, paragraph 5.
When using a citizen’s refusal, the employee can also use weapons to fulfill the legal requirement to transfer items that are dangerous to others. It is, in particular, about weapons, explosive, radioactive, toxic substances, ammunition, explosive devices.
Armed is considered resistance, accompanied by the use of a detained person as a weapon of any objects. These include, in particular, a stone, a stick, a bottle, a crowbar, a knife, an ax, a hammer, a gas gun, gasoline, boiling water, a chainsaw and so on. When using these items, the danger of counteraction increases significantly. The use of weapons in such cases is often the only way to stop a citizen. It does not matter if these items were prepared in advance or selected at the place of resistance by the subject.
Repel an attack
It can be directed to constructions, premises, buildings, other objects of municipal and state bodies, citizens, associations. In such situations, employees should be guided by the general procedure for using weapons .
When repelling an attack (armed or group), it is difficult to compare the protected good (immediate material object) and the good that must be sacrificed (health, life of the criminal). In solving this problem, it is necessary to assess the objectives of the assault. Illegal actions, for example, can be aimed at destroying / seizing an object, destroying the values that are in it, taking possession of money, taking people hostage, causing them bodily harm and so on. In these cases, as well as in the presence of obvious signs that the criminals intend to realize, their employee has the right to use weapons.
An attack is a behavior accompanied by violent actions aimed at unlawful intrusion on an object. It is committed against the current access control rules, the requirements of officials who monitor its compliance, against the will of people living in the room. Attack will be considered behavior that is not associated with violent acts, but aimed at damaging or destroying the object. It is, in particular, about shelling a building, throwing Molotov cocktails, ramming with a car, etc.