Today we will consider a topic - interesting and sometimes very relevant - about those technical devices and objects (officially called special means) that the police use to pacify citizens, stop riots, etc. What will it be about?
The Law on Police does not contain a definition of such a term. Nevertheless, this concept has been mentioned since 1988 among the legal acts of the former USSR. What exactly is it and when exactly does a police officer have the right to use these funds? This topic is quite complex and very controversial. The media sometimes flashes information about cases of violation of personal rights during such actions by representatives of law enforcement agencies. As well as about the tragic episodes associated with the death of people in connection with the unlawful use of these funds or the excess of necessary self-defense by the police . Let's try to highlight the main points associated with such tools as part of the proposed article.
Let's start with the definition
It is most correct to classify special means of police officers as being in service with the bodies of the Ministry of Internal Affairs and used in certain cases specified by law, technical products (substances and objects), as well as service animals, the purpose of which is to exert a physical effect of a forced nature on people or objects of the material plan.
What is meant by the use of special means by police? The Ministry of Internal Affairs has an arsenal of about thirteen of their names and types with many modifications. We are talking about tear gas, handcuffs, rubber sticks, as well as rubber bullets of non-penetrating (shock) action, distracting light and sound means. In addition, the use of armored vehicles, water cannons, service dogs, electroshock devices, as well as means intended for the destruction of obstacles and forced stops of vehicles. The police have materials for special coloring, as discussed below.
Who allows them to apply?
A police officer must obtain permission to do so before using special means. Who is authorized to issue it? Concerning handcuffs, rubber sticks, aerosol dispensers and armored personal protective equipment, such permission is issued by the operational duty officer (senior shift duty officer). When it comes to non-penetrating cartridges and shots, high-pressure sprays, special sticks, hand grenades with irritating (tearing) effects, gas means (pistols and generators), distracting light-sound means and other materials listed in the paragraph above, permission comes from the head of the Ministry of Internal Affairs or his deputy.
There is a legal basis for the use by police officers of special tools included in the List approved by the Government of the Russian Federation. Permission to use them can be issued by the Minister of Internal Affairs of the Russian Federation, his deputies, the heads of the Central Internal Affairs Directorate, the Ministry of Internal Affairs of the constituent entities of the Russian Federation, or their deputies.
The decision on the number and types of special equipment that is required to carry out a particular operation is made by its leadership. In the case of individual actions by an employee of the Ministry of Internal Affairs, he makes such a decision on his own, subsequently reporting through a report-report to his immediate superiors.
Some features of the use of special equipment by police officers
During the special operation, they must inspect the scene of action in order to detect possible victims, collect or destroy the remaining unclaimed items and substances, identify potential damage and fires, as well as eliminate other negative consequences. It is forbidden to use special equipment in case of their technical malfunction or those which have expired.
There are certain rules for the use of special means by police officers, the observance of which is mandatory. The Russian law "On Police" regulates the use of force methods, coupled with firearms by officials in the process of maintaining law and order, if there is the possibility of excessively serious injuries (we are talking about unjustified risk).
The use of special means by police officers is considered by an article of the law with the possibility of expanding the list of such. That is, the above list is not exhaustive and can be supplemented and expanded.
This is not a joke to you
In addition, the Ministry of Internal Affairs of the Russian Federation has legal grounds for the use of special means by police officers (in some cases), as well as firearms with ammunition from the arsenal of law enforcement agencies of other countries.
What is it about? About plastic bullets, a “teaser” (a device for firing thin arrows with connected wires that can cause paralysis by electric current), “flash-bol” (the so-called device that shoots shells the size of a tennis ball, whose action is similar to a boxer’s strike), paintball weapons, which is pneumatics, shooting gelatin balls with indelible paint (used to mark participants in street riots), etc.
Thus, the rights of a citizen in the application of special means by the authorities that are not specified in the Law "On Police" are not provided in practice by anything. On his side - only a minimum of legal guarantees. It is hoped that in an extreme situation, the procedure for the use of special means by police officers regarding the degree of acceptable defense and harm during the detention will be respected.
What are the police armed with
At the disposal of the Ministry of Internal Affairs bodies there are currently available rubber sticks of various modifications (for example, PR-89, PR-73, PR-90, etc.). They are intended for use in certain conditions by employees of various departments - from the traffic police and district police officers to patrol service (including special forces).
Rubber sticks can be called the main type of weapon of a policeman. This item is used in situations where it is necessary to repel an attack on police or civilians, to stop the resistance or group action leading to disruption of transport, various organizations and communications.
There are special rules that a police officer must comply with when applying special means. Rubber sticks are forbidden to strike on the neck, head, clavicle, abdomen and genitals. But it should be noted that these restrictions apply only to cases of their use on their own initiative (i.e., offensive in nature). When a stick is used as a means of protection with the necessary defense, it all depends on the balance of power and the complexity of the situation. That is, in such extreme conditions, blows are allowed to be applied to any organs.
Theoretically, the law must take into account any circumstances affecting the real alignment of forces of the parties to the conflict - the number of those involved in the fight on either side, their age and degree of physical development, the absence or presence of criminals weapons, time and circumstances of the action. If the assault is committed by a group of people, there are grounds for the use of special means and measures of restraint by police officers to any of the attackers, in accordance with the degree of danger emanating from the entire criminal group.
About tear gas
Special equipment with the content of tear substances can be divided into the following types:
1. Hand grenades of tear (annoying) action of the modifications "Roll - BB", "Drift".
2. Shots and cartridges of the same action for means "Lilac-7", "Bird cherry - 7M."
3. Aerosol dispensers, referred to as "St. John's wort - 10", as well as "St. John's wort - 10M."
4. Liquid knapsack.
When is tear gas used? Cases of the use of special means of this type by police officers are the need to repel an attack on ordinary citizens and police officers, stop resistance to a police officer, or detain a person whose behavior indicates the possibility of armed resistance.
In addition, tear gas is used to free people who are forcibly held hostage during the assault on captured buildings and premises, as well as vehicles, sections and structures. It is used in acts of suppression of group actions and riots of a mass nature.
At the same time, the procedure for using special means by police officers prohibits aiming to shoot at offenders, and re-use special means repeatedly during their operation in the affected area. Some tear substances are allowed for use only in open areas.
About the famous "Lilacs"
Most often, police officers use special means of this type in the form of tear gas "Lilac" - CS (or orthochlorobenzalmalononitrile), placed in an aerosol package weighing 100 ml with a storage temperature range of 10 - 40 ° C. The active compound has an emission range of one and a half to two meters and acts on the intruder for two to three seconds.
The effect increases in summer compared to winter and decreases in the event of precipitation or strong wind. The use of this type of special equipment by police officers is permitted both in open areas and indoors. The purpose of use is to deprive the offender of the ability to perform active actions for a short period of time.
The tactical and technical data of such special equipment allow you to effectively use it in relation to a specific person. The optimal distance is less than a meter. It should be remembered that safety measures are taken into account taking into account wind power, the possible presence of an open flame, etc.
This tool can seriously injure the organs of vision. If, after a quarter of an hour after its use, the offender continues to experience sharp pain in the eyes, the police officer must be provided with medical or first aid. It should be mentioned that the Federal Law "On Arms" No. 150-, adopted in December 1996, treats these funds as gas weapons. Such an approach is adopted by the normative act regarding the detention of accused and suspects.
When are handcuffs used?
Armed with the Ministry of Internal Affairs, there are handcuffs of the BR and BR-S types. When does a police officer have the right to use them for their intended purpose? If necessary, stop the resistance to him, detain a citizen caught in a serious crime and trying to hide. This refers to a crime against health, life or property.
Handcuffs are also required in the case of a detainee being brought to the police, escorting those arrested (including in the case of an administrative arrest), if they, by their own behavior, show a tendency to escape, causing harm to others or the possibility of counteraction to the police.
If in a specific situation the police officer does not have handcuffs, he has the right to use other aids to bind his hands, since this does not violate the main purpose of the application - the restriction of dangerous or illegal actions of the violator.
Important Nuances
When using special means in the form of handcuffs, a police officer is required to periodically check (every couple of hours or more often) the state of fixation of their locks. The purpose of the check is to prevent the possible unfastening of the locks or, on the contrary, their excessive tightening, leading to injuries to the hands.
From the very name “handcuffs” it can be seen that they are designed for fastening on hands. In real conditions, sometimes the intruder needs to be fastened to a fixed object (a tree, a battery), to put the specified object on his leg, or to fasten his arm and leg together. From a legal point of view, this is inhumane and, in the general case, must be regarded as an abuse of authority.
Some police officers justify the use of such a form of fixation by the need to effectively suppress the violent resistance of the detainee. But in general, the vast majority of cases allow the usual method of binding to be used in such cases.
On the rights of detainees
The period during which it is possible for police officers to use special means in the form of handcuffs in a single order is not regulated. Sometimes in terms of departmental regulations there is a mention of its two-hour duration. For example, we can talk about the detention of persons detained in administrative detention centers under the bodies of the Ministry of Internal Affairs by way of administrative arrest for petty hooliganism.
The fact of the use of handcuffs must be legally recorded in the prescribed form. That is, for example, the protocol drawn up in the case of administrative detention must contain the fact of their use, indicating the time of putting on and taking off. At the same time, a link to the grounds for their application should be followed. If they are used by the patrol service, its charter requires a documentary reflection of this fact in the form of a report.
In practice, in most cases when handcuffs are used during detention, escort and delivery on foot or in a car, all this is done without the preparation of documents.
Distracting light and sound equipment and other equipment
We are talking about operational-technical stationary tool called "Flame-M" and the light-sound hand grenade "Dawn-2". Apply them in cases similar to those listed above. That is, to reflect the aggressive actions of detained or suspected citizens (or when there is reason to believe that the person intends to offer armed resistance), as well as in the process of releasing hostages and curbing mass unrest. It is allowed to use them at a distance of over 2 meters from people.
The means used for the destruction of obstacles include small-sized explosive devices "Impulse" and "Key". They are forbidden to be used in rooms where hostages may be held, as well as at a distance of less than 2 meters from people.
If a forced stop of the means of transport is required (when the driver does not comply with the requirements of the police officer), this is also done thanks to special means. If the driver violates the SDA, his vehicle is stopped by loud-speaking communication, hand gestures or a wand, special signals of light and sound character.
Restrictions on the use of special means by the police officer in relation to transport
It is forbidden to stop cars on sections of roads of limited visibility, before and after the turn, immediately before the top of the lift or after it, before the crossing, intersection and in the railway crossing zone. This applies to other dangerous places. The exception is cases where an urgent stop is a necessity.
If the driver ignores the policeman’s signal to stop his actions, it can be qualified as non-fulfillment of the legal requirement of a representative of the authorities. According to the legal sense, a means of stopping can be applied in the event of even a single refusal to comply.
If the driver’s actions pose a real danger to the health and life of others and he ignores the repeated signals to stop, it is allowed to use firearms in order to damage the vehicle.
In this case, the use of special means by police officers is allowed by Section 153 of the Police Act (clause 1 of its 2nd part). It is forbidden to apply a forced stop to public transport vehicles and trucks in which people are transported. Vehicles of diplomatic missions, motor vehicles, any vehicles on mountain roads or with limited visibility are not subject to such use. It is forbidden to do this on bridges, overpasses, railway crossings, overpasses, in tunnels.
Other special equipment
Other similar types of equipment used by the police include armored personnel carriers of the BTR-60PB, BTR-80, BTR-70 brands, water cannons (Avalanche, ATs-40 fire tanker), SPM-1 special vehicle, reconnaissance combat patrol vehicle (BRDM - 2).
( ) . , . , 0⁰.
. 1994 " " ( 69-), № 4 .
In what cases is an armored car used? The need for this may arise in the case of an operation to detain a group of armed criminals or rampant masses, when traffic is blocked or, if necessary, organize passage among barriers, and also deliver personnel to an inaccessible place.
About service dogs and chemicals
As a special coloring agent, a number of chemicals are used - a solution of phenolphthalein, rivanol, tetracycline, as well as special ink and fluorescent pencils. With their help, persons involved in the commission of crimes are identified. It is possible to install such coloring agents at the property in agreement with the owner.
Mention should also be made of service dogs, which may or may not be kept on leashes and in muzzles. All cases in which their use is provided for are regulated by individual points and provisions of the law. Moreover, this applies to different types of actions with dogs - with or without muzzles and leashes.
Finally, we clarify that any case that allows the use of firearms in accordance with federal law automatically implies permission to use the special tools listed in the article. In practice, this means an expanded scope of their activities compared to the first. And this should not be forgotten by anyone - with the law, as you know, jokes are bad.
I would like to wish all readers to take the information contained in the article with all seriousness. As you know, no one is advised to renounce sumy and prison, especially in the conditions of our harsh reality. But very many (especially representatives of the younger generation) are aware of a rather weak account of what a conflict with representatives of the law is. And what are the consequences of attempts to violate it - from petty hooliganism to serious illegal actions. We are not even talking about the inevitable sometimes very severe punishment. The very procedure of a collision with an armed police officer is able to sober up any hotheads overnight. We wish all readers reasonable behavior and the absence of problems with the law.