A police officer who has not passed a professional background check. Special police equipment
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., Ph.D., member of RAYUN,
Lecturer at 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 the Police” defines the main provisions for the use of special means and firearms used by employees of internal affairs bodies to protect the individual, the interests of society and the state from illegal attacks.
Special means are technical products (devices, objects, substances) and service animals in service with the police and used by them in cases and in the manner prescribed by law, the main purpose of which is to exert direct forced physical influence on a person or any material objects.
The historical experience of using special means in modern Russia indicates that for the first time the term “special means” began to be used in legislative acts of the former USSR in 1978.
A specific list of special means in service with internal affairs bodies is determined by Decree of the Government of the Russian Federation of October 15, 2001 No. 731. The same Resolution approved the Rules for the use of special means by employees of internal affairs bodies.
The Ministry of Internal Affairs of the Russian Federation, in agreement with the Ministry of Health of the Russian Federation, the Federal Security Service of the Russian Federation and the Prosecutor General's Office of the Russian Federation, is allowed to carry out trial operation of special equipment not included in the list that has passed acceptance tests or is in service with state paramilitary organizations of the Russian Federation or law enforcement agencies of foreign states .
Providing employees of the internal affairs bodies of the Russian Federation with special means, the procedure for issuing, using, recording, 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 internal affairs bodies are armed with the following special equipment:
- special rubber sticks (PR-73, PR-89, PR-90, PR-Tonfa, PR-Taran, etc.);
- hand gas grenades "Cheryomukha-6", "Cheryomukha-12" and their modifications, hand aerosol grenade, tear-action grenade for an underbarrel grenade launcher, cartridges with gas grenades "Cheryomukha-7", "Lilac-7", aerosol packaging "Cheryomukha- 10", backpack liquid apparatus, gas pistol with ammunition;
- handcuffs (BR, BR-S, BKS-1, BOS);
- light and sound distraction devices (flash-noise grenades “Zarya”, “Fakel”, product “Gnome”, flash-noise device “Flame”);
- means of destroying barriers (small explosive devices “Klyuch”, “Impulse”);
- electroshock devices;
- means of forced stop of transport (“Hedgehog”, “Diana”, “Harpoon”);
- water cannons (“Avalanche”, fire tanker ATs-40);
- armored vehicles (airborne combat vehicle (BMD-1), armored personnel carriers (BTR-60PB, BTR-80), combat reconnaissance patrol vehicle (BRDM-2), infantry fighting vehicle (BMP);
- special coloring agents (special ink, fluorescent pencils, solutions of rivanol, phenolphthalein, tetracycline);
- guard, guard, search and patrol service dogs of various breeds;
- service horses.
A firearm is a weapon designed to mechanically hit a target at a distance with a projectile that receives directional movement due to the energy of a powder or other charge.
Firearms appeared in the world more than 600 years ago. Already in the 14th century. the first shooting tubes were used as aids to complement the bow and crossbow. In Rus', the creation and use of handguns dates back to the beginning of the 15th century. .
Firearms, almost immediately with their appearance in the army, were adopted by police units. At the same time, police units adopted only small arms, which were actively used to maintain internal order in many countries of the world.
As the means of armed struggle developed, so did the means for police forces. Currently, we can talk about a variety of weapons, special equipment and other means of ensuring law enforcement activities that are in service with police all over 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 activities of the modern police.
Firearms combine means of direct destruction (shell, bullet) and means of throwing them towards a target (machine gun, rifle, etc.). In addition, a firearm may have locking mechanisms, impact, ejection, cartridge feeding, etc., a sighting device for aiming the weapon at a target and a device for ease of use and giving it a stable position during shooting (stock, bipod, machine). It is divided into two main groups: artillery and small arms.
Artillery weapons include: cannons, howitzers, mortars, etc., which are designed to attack the 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 personnel.
Small arms are divided into individual and group weapons. It has a high rate of fire, good accuracy and accuracy of fire, and sufficient destructive power of the bullet. The weight and size of this weapon make it possible to successfully use it in populated areas, forests, mountains, and trenches.
Firearms are standard firearms carried by police officers. These include: traumatic weapons; firearms for personal use (pistols, machine guns, rifles, etc.); special firearms (machine guns, mortars, weapons on military equipment).
It is not permitted for the police to adopt special means, firearms and ammunition for them, or ammunition that causes excessively severe injuries or serves as a source of unjustified risk. The list of special means, firearms and ammunition for them, is defined in the 1980 UN General Assembly resolution that approved the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons That May Be Deemed to Cause Excessive Injury or to Have an Indiscriminate Effect.
Mention of the use of special means and various types of 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 equipment 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 Martial Law” and the federal laws of the Russian Federation: “On the Police”, “On the Internal Troops” Ministry of Internal Affairs of the Russian Federation”, “On countering terrorism”, “On the detention of suspects and accused of committing crimes”, etc.
These laws of the Russian Federation are based on the basic 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 general form can be summarized as follows:
- a threat to the life and safety of law enforcement officials must be considered a threat to the stability of society;
- law enforcement officials play a critical role in protecting the human right to life, liberty and security;
- Law enforcement officials may use force only when strictly necessary and to the extent required to carry out their duties with due respect for human rights.
The basis for the use of special means and firearms are 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 public safety. The use of a weapon must be preceded by a clearly expressed warning to the person against whom the weapon is used, except in cases where delay in the use of a weapon creates an immediate danger to human life or may entail other grave consequences. Moreover, the use of weapons in a state of necessary defense should not cause harm to third parties. For example, the use of firearms when eliminating criminals who offer armed resistance.
The limits of the use of special means and firearms are the legally established limits of the use of force and weapons, violation of which entails disciplinary or criminal liability for police officers.
Clause 3 art. 18 of the Federal Law “On Police” allows police officers in a number of cases, if they do not have the necessary special equipment or firearms, to use any available means and even weapons that are not in service with the police, for example, sports, hunting, award. The law provides an exhaustive list of these cases. This is a state of necessary defense, extreme necessity and the detention of the person who committed the crime.
According to Art. 37 of the Criminal Code of the Russian Federation it is not a crime to cause harm to an attacker in a state of necessary defense, that is, when protecting the personality and rights of the defender or other persons, legally protected interests of society or the state from a socially dangerous attack, if this attack was associated with violence dangerous to the life of the defender or another person, or with an immediate threat of such violence.
Necessary defense- this is the lawful protection of the personality and rights of a police officer, as well as the interests of society and the state protected by law from a socially dangerous attack by causing harm to the attacker.
According to Art. 39 of the Criminal Code of the Russian Federation, the state of extreme necessity is characterized by the fact that in order to eliminate a danger that directly threatens the personality and rights of a given person or other persons, the legally protected interests of society or the state, harm is caused if this danger could not be eliminated otherwise, if it was not allowed exceeding the limits of extreme necessity.
Urgent necessity- this is one of the legitimate means of preventing danger that threatens damage to the individual, his rights and interests, as well as the interests of society or the state protected by law.
The extreme necessity is to cause harm to legally protected interests in order to prevent greater harm that is inevitable in these conditions by other means, threatening the individual, society, and the state.
In Part 2 of Art. 39 of the Criminal Code gives the concept of exceeding the limits of extreme necessity. Such an excess occurs if harm is intentionally caused that is clearly inconsistent with the nature and degree of the danger threatened and the circumstances under which it was eliminated, when harm was caused to the specified interests equal to or more significant than that prevented. The nature of the danger is determined by the value of the social relations that were threatened with harm, and the degree of danger is expressed in its intensity and duration of impact. 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 quite acceptable to remove blankets, water and food from the warehouse.
Practice shows that in order for a police officer to carry out professional actions in a state of necessary defense, in conditions of extreme necessity, or when detaining a person who has committed a crime, he is obliged to competently perform his functional duties in accordance with the requirements of the governing documents on professional training. In this regard, a police officer is required to undergo special training, as well as periodic testing for professional suitability to act in conditions involving the use of physical force, special means and firearms.
If a police officer exceeds his authority when using physical force, special means or firearms, then he is liable for his actions as a private person under Art. 105 “Murder”, art. 111 “Intentional infliction of grievous bodily harm”, Art. 112 “Intentional infliction of moderate harm to health”, Art. 115 “Intentional infliction of minor harm to health”, 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 grievous or moderate harm to health in a state of passion”, Art. 117 "Torment". If these acts took place during the commission of other crimes against the person, property, etc., then qualification for the totality of crimes is necessary.
Deliberate violation of the grounds established by law and the procedure 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 abuse of office in accordance with Part 3 of Art. 286 of the Criminal Code of the Russian Federation.
A police officer is not responsible for harm caused to citizens and organizations when using special means or firearms, when they 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 “Causing harm during the detention of a person who has 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 “Justified risk”, Art. 42 of the Criminal Code of the Russian Federation “Execution of an order or instruction.”
References.
1. On the state of emergency: Federal Law of the Russian Federation dated May 30, 2001 No. 3-FKZ // Rossiyskaya Gazeta dated June 2, 2001, No. 105 (2717); On martial law: Federal Law Code of the Russian Federation dated January 30, 2002 No. 1-FKZ // Russian newspaper dated February 2, 2002; About the police: Federal Law of the Russian Federation dated February 7, 2011 No. 3-FZ // Russian newspaper dated 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 dated 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 // SZ 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 approval of the manual on physical training of employees of internal affairs bodies: Order of the Ministry of Internal Affairs of Russia dated June 29, 1996 No. 412.
2. About the police: Federal Law of the Russian Federation dated February 7, 2011 No. 3-FZ // Russian newspaper dated February 10, 2011, No. 28.
3. On weapons: Federal Law of the Russian Federation dated 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 dated June 13, 1996 No. 63-FZ (as amended by the Federal Law of the Russian Federation dated March 7, 2011 No. 26-FZ) // “Rossiyskaya Gazeta”, dated March 11, 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 Cause Excessive Injury or to Have Indiscriminate Effects. UN General Assembly Resolution No. 3093 of October 10, 1980, Geneva.
7. Code of Conduct for Law Enforcement Officials: adopted on December 17, 1979 by Resolution No. 34/169 at the 106th plenary meeting of the UN General Assembly // International protection of human rights and freedoms. Collection of documents. - M.: Legal literature, 1990.
8. On 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 approval of the Instructions on the procedure for using 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 of September 11, 1978 No. 260.
10. Bragin S.V., Moroz S.V. Special means of the Ministry of Internal Affairs of Russia: Training manual. - 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 pp.: ill.
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 them, and ammunition in service with the police is established by the Government of the Russian Federation. It is not permitted for the police to adopt special means, firearms and ammunition for them, or ammunition that causes excessively severe injuries or serves as a source of unjustified risk.
3. In a state of necessary defense, in case of emergency or when detaining a person who has committed a crime, a police officer, if he does not have 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 service with the police.
4. A police officer is required to undergo special training, as well as periodic testing for professional suitability to act in conditions involving the use of physical force, special means and firearms.
6. A police officer who has received the appropriate clearance in the prescribed manner has the right to use special light and acoustic means, as well as means of destroying barriers.
7. A police officer who has not passed the test for professional suitability to act in conditions involving the use of physical force, special means and firearms shall be certified for compliance with the position being filled. Until a decision is made on the suitability of the position being filled, the police officer is suspended from performing duties related to the possible use of physical force, special means and firearms.
8. Exceeding authority by a police officer when using physical force, special means or firearms entails liability established by the legislation of the Russian Federation.
9. A police officer is not responsible 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.
- BB code
- Text
Document URL [copy]
Commentary to Art. 18 of the Police Law
1. Based on the content of Part 1 of the commented article, police officers working in temporary detention centers for suspects and accused persons of internal affairs bodies have the right to use physical force, special means and firearms only in cases and in the manner provided for in Art. Art. 43 - 47 of the Federal Law "On the detention of suspects and accused of committing crimes."
2. In accordance with the requirements of Art. 44 of the Federal Law “On the detention of suspects and accused of committing crimes”, employees of temporary detention centers for suspects and accused of internal affairs bodies at their place of duty have the right to use physical force only against a suspect or accused:
To suppress the offense he commits;
To overcome his opposition to the legal demands of employees of temporary detention centers for suspects and accused of internal affairs bodies.
3. They have the right to use physical force only when non-violent methods of solving the problem do not produce a positive result.
4. Article 45 of the Federal Law “On the detention of suspects and accused of committing crimes” establishes the grounds for the use of special means and their types by employees of temporary detention centers for suspects and accused of internal affairs bodies. Special means in temporary detention centers for suspects and accused of internal affairs bodies can be used if there is evidence of the need:
Repelling an attack by a suspect or accused on employees of temporary detention centers for suspected and accused internal affairs bodies and (or) other persons;
Suppression of mass riots or group violations of the established regime of detention;
Suppression of unlawful actions of a suspect or accused who disobeys the legal demands of employees of temporary detention centers for suspects and accused of internal affairs bodies, as well as other employees of internal affairs bodies involved in maintaining law and order;
Release of hostages, seized buildings, premises, structures and vehicles;
Suppressing an attempt to escape by a suspect or accused from a temporary detention center for suspects and accused of internal affairs bodies or from under escort;
Suppressing an attempt by a suspect or accused to cause harm to others;
Suppressing an attempt by a suspect or accused to harm himself.
5. In part 3 of the commented article, the legislator determined to what extent the circumstances excluding the criminality of the act provided for in Chapter. 8 of the Criminal Code of the Russian Federation, apply to the activities of police officers.
6. We have already described the main characteristics of such concepts as necessary defense and detention of a criminal in the commentary to Art. Art. 6 and 20 of this Federal Law. It remains to explain what the concepts of extreme necessity, physical or mental coercion, justified risk, execution of an order or instruction are.
7. Extreme necessity (Article 39 of the Criminal Code of the Russian Federation) is a state in which a police officer may be when he causes harm to interests protected by criminal law in order to eliminate a danger that directly threatens himself personally or another person, his own rights or the rights of other persons, interests of society or the state protected by law, when this danger could not be eliminated by other means and the limits of extreme necessity were not allowed to be exceeded.
8. Moreover, exceeding the limits of extreme necessity is considered to be the infliction of harm that is clearly inconsistent with the nature and degree of the threatened danger and the circumstances under which the danger was eliminated, when harm was caused to the specified interests, equal to or more significant than that prevented. Just as in the case of causing harm during the detention of a person who has committed a crime, such excess entails criminal liability only in cases of intentional harm. If, in necessary self-defense, a police officer can cause more harm than the harm from the crime itself, then, in an emergency, even equal harm cannot be caused. In extreme cases, which usually occurs during natural disasters (fires, earthquakes, etc.), a police officer can cause less harm in order to prevent more harm.
9. The commented Federal Law says nothing about this. Meanwhile, it should be borne in mind that the Criminal Code of the Russian Federation provides for other circumstances, in addition to those listed in Part 3 of the commented article, that exclude the criminality of an act. So, in accordance with the rules established by Art. 40 of the Criminal Code of the Russian Federation, a person who caused harm to interests protected by criminal law as a result of physical coercion is also exempt from criminal liability, if as a result of such coercion the person could not control his actions (inaction).
10. The application of mental coercion to a person who has retained the ability to direct his actions, in the absence of the necessary signs of extreme necessity in accordance with Part 2 of Art. 40 of the Criminal Code of the Russian Federation does not exempt such a person from criminal liability.
Judicial practice under Article 18 of the Police Law:
- Decision of the Supreme Court: Determination N 72-APU15-34, Judicial Collegium for Criminal Cases, appeal
A police officer has the right to use physical force, special means and firearms in cases and in the manner provided for by this Federal Law and other federal laws (clause 1 of Article 18 of the Law). In a state of necessary defense, in case of emergency or when detaining a person who has committed a crime...
- Decision of the Supreme Court: Determination N 47-APU17-12, Judicial Collegium for Criminal Cases, appeal
Business. In accordance with an extract from the order of the Orenburg Municipal Department of the Ministry of Internal Affairs of Russia No. 266 l\s dated May 31, 2016, N was appointed to the position of junior detective of the department for solving crimes against property of the criminal investigation department. According to Art. 18 of the Federal Law “On Police”, a police officer has the right to use physical force, special means and firearms in cases and in the manner provided for by this law, including when detaining a person who has committed a crime...
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 them, and ammunition in service with the police is established by the Government of the Russian Federation. It is not permitted for the police to adopt special means, firearms and ammunition for them, or ammunition that causes excessively severe injuries or serves as a source of unjustified risk.
3. In a state of necessary defense, in case of emergency or when detaining a person who has committed a crime, a police officer, if he does not have 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 service with the police.
4. A police officer is required to undergo special training, as well as periodic testing for professional suitability to act in conditions involving the use of physical force, special means and firearms.
6. A police officer who has received the appropriate clearance in the prescribed manner has the right to use special light and acoustic means, as well as means of destroying barriers.
7. A police officer who has not passed the test for professional suitability to act in conditions involving the use of physical force, special means and firearms shall be certified for compliance with the position being filled. Until a decision is made on the suitability of the position being filled, the police officer is suspended from performing duties related to the possible use of physical force, special means and firearms.
8. Exceeding authority by a police officer when using physical force, special means or firearms entails liability established by the legislation of the Russian Federation.
9. A police officer is not responsible 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.
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
V) order applications physical strength, special funds And firearms weapons
52. Does a police officer, in the absence of special equipment and firearms, have the right to use any available means?
a) yes, if he is in immediate danger;
b) Yes; V condition necessary defense, V case extreme necessity or at detention faces, committed 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 are in immediate danger.
53. A police officer who has not passed the test for professional suitability to act in conditions involving the use of physical force, special means and firearms:
a) is sent for additional training, upon completion of which he retakes the test for professional suitability to act in conditions involving the use of physical force, special means and firearms;
b) is subject to dismissal from internal affairs bodies due to official inadequacy;
V) subject to certification on correspondence replaced positions, A to rendering solutions commissions - withdraws from execution responsibilities, related With possible application physical strength, special funds And firearms weapons.
d) is subject to disciplinary liability and re-takes the test for professional suitability to act in conditions involving 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 using lethal weapons;
b) resistance And attack, committed With using weapons any type, or items, constructively similar With hereby weapons And externally indistinguishable from him, or items, substances And mechanisms, at help which can be caused heavy harm health or death.
c) resistance and attack committed with the use of objects, substances and mechanisms through which bodily harm can be caused;
d) resistance and attack that threatens 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 superior 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.
V) By decision head territorial organ With subsequent notification prosecutor V flow 24 hours
56. Article 24 of the Federal Police Law states that a police officer has the right to draw a firearm and bring it to readiness 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 believes that in the current situation there are grounds for its application, provided for in Article 23 of this Federal Law
V) If V created situation can arise grounds For his applications, provided for article 23 present Federal law
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 them, and ammunition in service with the police is established by the Government of the Russian Federation. It is not permitted for the police to adopt special means, firearms and ammunition for them, or ammunition that causes excessively severe injuries or serves as a source of unjustified risk.
3. In a state of necessary defense, in case of emergency or when detaining a person who has committed a crime, a police officer, if he does not have 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 service with the police.
4. A police officer is required to undergo special training, as well as periodic testing for professional suitability to act in conditions involving the use of physical force, special means and firearms.
6. A police officer who has received the appropriate clearance in the prescribed manner has the right to use special light and acoustic means, as well as means of destroying barriers.
7. A police officer who has not passed the test for professional suitability to act in conditions involving the use of physical force, special means and firearms shall be certified for compliance with the position being filled. Until a decision is made on the suitability of the position being filled, the police officer is suspended from performing duties related to the possible use of physical force, special means and firearms.
8. Exceeding authority by a police officer when using physical force, special means or firearms entails liability established by the legislation of the Russian Federation.
9. A police officer is not responsible 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.
The provisions of Article 18 of Law No. 3-FZ are used in the following articles:- On the recognition as invalid of certain legislative acts of the RSFSR and certain legislative acts (provisions of legislative acts) of the Russian Federation
37) Articles 1 and 18 of the Federal Law of December 25, 2008 N 280-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the ratification of the United Nations Convention against Corruption of October 31, 2003 and the Convention on Criminal Liability for Corruption of January 27, 1999 and the adoption of the Federal Law “On Combating Corruption” (Collection of Legislation of the Russian Federation, 2008, No. 52, Art. 6235);
- Anton Siluanov, Minister of Finance
- Protection of consumer rights: insurance contract - legal services of the Legas company Protection of rights under an insurance contract
- Consolidated register of the territorial body of the federal treasury
- Why are whales interesting? What do whales hear? The closest relatives of whales are hippos