The Federal Law “On Police” of the Russian Federation was adopted since the official change of the name of this structure in March 2011. But it is wrong to think that the law governing the work of police officers needs to be known only to themselves. Any person, a citizen of the Russian Federation or a foreigner staying in the country, should familiarize themselves with such a document as the Law of the Russian Federation “On Police” (N 3 FZ), for several reasons. It would be useful, for example, to sort out issues related to the use by police of weapons, special equipment and simply forceful influence in relation to the offender. What behavior of a citizen can force a police officer to apply all of the above? And in this connection, the policeman can decide on the use of weapons or available special means of service, without violating the law? There are many reviews, both good and bad, about the police in Russia and the working methods of its employees. But before you give an assessment, it’s worthwhile to figure out what rights are granted to the police officer by the current law.
Right to use: which of the police has the right to apply service weapon (special tools)
The rights and powers of a police officer (group of employees) to use special means, service firearms and (or) physical force in the performance of professional duties are determined by the Federal Law on Police, Chapter 5, Article 18.
The Law “On Police” establishes a number of requirements for employees who have the right to use special means and weapons in the process of service. In accordance with Art. 18 of the Law "On Police", a police officer can get the right to use all the funds listed only after special training. Throughout the service, a police officer who has the right to use service weapons and special equipment is required to regularly undergo a test of ability to act in conditions where the use of weapons and (or) special equipment is most likely.
Let us consider in more detail the articles of the law “On the Police” of the Russian Federation that regulate the use of special means, force, and firearms by policemen (a group of policemen) when serving.
In what cases does the policeman gain the right to use official firearms
Not knowing the principles of the law governing the work of the police, one might mistakenly think that weapons are handed out to a police officer and that he is free to use them, as is often shown in most crime-themed films. Unlike films, in real life there are many restrictions on the use of force or special means, and even more so firearms, which the policeman prescribes to strictly abide by the Law “On Police” when serving. In Russia, in addition to this law, the use of weapons by the police, the rules for carrying and the procedure for using special means and weapons are also regulated by the constitutional laws of the Russian Federation. In addition, only firearms and brands and models of special service equipment specified in the List approved by the Government of the Russian Federation may be used for police duties.
The right of police officers in a certain situation to use service firearms, as well as special means, is enshrined in Art. 18 of the Law on Police.A policeman can take advantage of this legal right when he finds himself in a situation where the performance of his official duties is impossible without the use of force.
The goals, principles, procedure and cases of the use of official special means, weapons and physical force are regulated by the Law "On Police", Art. 18-24.
Based on article 23 of the law considered in this article, a police officer (group of employees) has the right to use firearms: to suppress an attack involving the use of violence considered to be dangerous to life and health (including an armed or group attack on buildings, organizations and others), the release of detained hostages, to detain a citizen committing a serious crime or providing armed resistance, the suppression of escape from the MLS.
There are other situations where the use of weapons by the police is permissible: a warning shot to stop moving vehicles, to destroy locks that prevent entry into the building, to render animals harmless (in case of threat to life and health).
Violation of the grounds of the rules and (or) the procedure for the use of special means, force or service weapons, which are regulated by the Law "On Police", Art. 18-24, intentionally committed by a police officer, will be a criminal offense.
Special tools: what applies to them
Special means (special means) are understood to mean technical objects, devices, and substances, as well as service animals that are officially armed with police officers. An exhaustive list of these funds and the acceptable procedure for their use was established in 2001 by a decree of the Government of the Russian Federation.
Thus, special police means are recognized:
1. The so-called batons, listed as “special rubber sticks”.
2. Handcuffs (they are also means of limiting mobility).
3. Electroshock and light-sound devices.
4. Means (or devices) for the forced stop of transport (hereinafter - SPOT).
5. Gas products and “chemical traps” - marking or coloring devices.
6. The set of SSD - a means of fettering movement. These are no longer “bracelets”, but a network that is thrown at a detainee with the help of a special device.
7. Water cannons.
8. Service animals. This includes not only trained police dogs, but also horses.
For what and when official special equipment is used by the police
The main difference between special means and service weapons is that it is used to detain, temporarily neutralize or immobilize, but without threatening the life or health of the detainee.
You can use official special equipment in all cases when legally firearms. In addition, special means may be used by a police officer (group of employees) in the following cases: to repel an attack, suppress resistance or crime, detain a citizen who commits a crime or show armed resistance, release buildings or hostages, take a detained person to the police, protect buildings, countering riots, identifying citizens who have committed (committing) crimes or offenses, forcing a vehicle to stop.
Against whom the use of weapons and special means is illegal
It is important to know the following: the Law “On Police” establishes the categories of persons whose use of weapons and special means is completely excluded and restrictions.
It is illegal to use weapons and special means against minors (in the case of weapons and apparently minors) citizens, pregnant women and people with disabilities (people with obvious external signs of disability are meant). It is unacceptable to use weapons in large crowds.
Exception: armed resistance and assault (including group), which poses a threat to the health and life of the police themselves and (or) other citizens.
When the use of weapons and special means is illegal
And a few more important restrictions that apply when using special tools. Police officers are prohibited from:
• Strike with a rubber club on the head, collarbone, abdomen, heart, neck, genitals.
• Apply SPOT for passenger vehicles, if there are passengers there. The same applies to various motor vehicles, as well as foreign diplomatic (consular) transport.
• The use of SPOT is prohibited on bridges, railroad crossings, in tunnels, overpasses, as well as in “difficult” terrain with limited visibility or mountain routes.
• Coloring agents are installed only with the consent of the owner of the facility where the placement is planned.
• Use water guns (water cannons) in the cold (at temperatures below 0 degrees).
The list, of course, is not exhaustive. But for all restrictions on the use of special equipment, an exception applies: police officers have the right not to follow them in cases allowing the use of firearms. For example, to detain a citizen who renders armed resistance or to free hostages.
A police officer used physical force: how legal is this?
A situation in which police officers can use when arresting or preventing a crime not weapons, but physical force, for example, using special methods of capture or hand-to-hand combat, is not uncommon. But is such an action legal? Article 18 (Law “On Police”) allows the right to use physical force by a police officer while serving, along with the use of special equipment and service weapons. But here everything is not so simple.
It is allowed to use physical force by a policeman (group of policemen) in certain circumstances, only if a situation arises when it is permitted by law to use other methods, weapons or special equipment.
• In order to suppress an administrative offense or a crime committed.
• In case of resistance to the lawful demand of a police officer.
• In order to detain a citizen who committed a crime (administrative offense).
It is worth noting that Art. 18 of the Law "On Police" also indicates the duty of a police officer, who, by the nature of his duties, may be faced with the need to use force, undergo special training and training related to actions in the context of the use of force.
“Tools at hand”: is it possible to replace weapons and (or) special tools with something?
In a situation where the policeman does not have weapons or special equipment with him, Article 18 of the Law of the Russian Federation “On Police” provides for the possibility of replacing firearms or special means armed with the police with any improvised items, but only with urgent need or if a police officer arrests the person who committed the crime.
A policeman has the right to use non-armed firearms, being guided by the grounds and observing the application procedure established by the current law.
The right to substitute improvised means of special equipment applies only to means of limiting mobility, that is, handcuffs. In this case, an item suitable for binding is used, for example a rope.
Without breaking the order: the statutory procedure for the use by police of weapons, special means and physical force
Even having the right to use weapons in a specific situation, police officers must comply with the use procedure described in the current law.Why is this so important? First of all, because one of the main principles of the use of weapons, force and special means by the police - minimization of the damage caused - depends on this to a large extent.
Another reason for the need to comply with the procedure established by law is that the policeman does not bear responsibility for causing any harm in the use of weapons, special means and force actions subject to the observance of the procedure for applying all of the above (Clause 9, Article 18 of the Law "On Police").
The federal law considered in the article establishes the following procedure for the use by a police officer of firearms, special official equipment, and physical force against citizens:
• First action - the employee informs the person (or persons) to whom the indicated means of influence will be applied that he is a police officer.
• The next mandatory step is a warning that the police officer is going to use weapons, physical force or special equipment.
If a police group operates, then both of the initial stages are performed by one of the group.
• And most importantly - the offender (group of offenders) must be given time and opportunity to fulfill the requirements of the police officer.
This order, however, has an exception. The law gives the right to police officers to do without warning measures, and immediately use weapons (forces, special equipment) if any delay can entail serious consequences for the life and health of the police officer or citizens whom he is called upon to protect.
And the last: the justified and correct use of weapons (force, special equipment), of course, relieves the policeman from liability for harm done to a citizen. Nevertheless, the law also implies additional duties of the police officer in case the citizen is harmed: providing or providing medical assistance to the injured, the need to inform the wounded relatives about what happened.
