Article 23 of the Law on Police: Interpretation in Simple Words

One of the main defenders of the legal status of a person and citizen is the police departments. The law enforcement service is staffed only by highly qualified and trained workers who build their activities in accordance with the law. And one of the most important regulators is article 23 of the Law on Police.

Action range

Any norm can be either general or special. The first group applies to all citizens, regardless of their professional or official status. The second category is specialized and acts in relation to a certain category of people. 23 article of the Law "On Police" is not an exception and applies exclusively to employees of the Ministry of Internal Affairs.

Among the huge number of norms it is difficult to single out and remember exactly those that will help ordinary citizens in communicating with government officials. However, it is necessary to know the general basics, including the full text of the Law "On Police" of the Russian Federation.

Goals and functions of the Ministry of Internal Affairs

The first articles of the normative document speak about the appointment of the bodies of the Ministry of Internal Affairs, namely:

1. Protection of citizens from criminal attacks.
2. Ensuring the protection of life and health of every person, regardless of their legal and social status.
3. Protection of the rights and freedoms of citizens, foreign persons, stateless persons.
4. Ensuring public safety and order.

For the effective implementation of the functions assigned to the police unit, police officers are allowed to use firearms in situations prescribed by law.

Contents of the article: an immense amount of norms

Article 23 of the Law on the Police is presented in a very complex and multifaceted manner. The use of firearms concerns not only a law enforcement officer, but also affects the rights of the violator and other citizens. Agree that even the fact that the pistol is in the holster already carries a certain danger. Aware of this, people can easily seize and use weapons for criminal purposes, despite the excellent training of the employee.

In general, article 23 of the Law "On Police" consists of 6 points. Despite the voluminous content, the interpretation of the legal norm is necessary both for the employees themselves and for citizens who are not related to law enforcement. The most complete and objective clarification of the meaning of the content of article 23 of the Law "On Police" is possible only by a detailed examination of it. Particular attention should be paid to each item in particular.

Employee Rights: Legal Permission

The first paragraph of this article delimits the rights of police officers related to the use of firearms. The regulation contains the following standards:

1. In order to protect the person from unlawful actions by other persons, the employee is entitled to use official weapons. This norm is a prototype of a criminal article that protects the legal status of law enforcement agencies. Moreover, each authorized person is under special protection of the state. That is why a policeman, feeling the threat and danger of his own life, can at any time expose a special tool.
2. The criminal attack on the life and health of other citizens is also the basis for the use and use of weapons.
3. If the Interior Ministry official noticed an encroachment on property that could be used for criminal purposes, for example, hijacking special vehicles, secret theft of equipment, military and other weapons, the commissioner could also injure the invader.
4. Hostage taking entails increased public danger. This basis is iron when deciding on the use of firearms. Exactly the same as when attacking an object protected by the Ministry of Internal Affairs.
5. When detaining a person who refuses to comply with the legal requirements of a representative of the authorities, is it worth stripping a weapon? Of course!
6. Without fail, an employee uses a weapon to detain a person who commits a grave or especially grave crime against life, health, or public safety. However, another condition applies here. If the detainee is resisting, and in other ways to pacify his temper does not work, then the gun affects the psyche of the criminal more than convincingly.

Article 23 of the Law on Police appears to be very broad, but systemic and understandable. Analysis and comments, however, are necessary when studying these provisions, since the legislator establishes a large number of conditions under which it is permitted or prohibited to use personal service weapons.

Circumstances: what if there is no crime?

The next paragraph of this article refers to the definition of “armed resistance”. This term is particularly relevant for employees who have access to weapons. Any official should identify and distinguish armed resistance from other related activities. Otherwise, the latter will be held accountable.

The legislator gives police officers the right to use firearms in situations not related to unlawful behavior. These include:

• the need to neutralize the animal, which can cause harm to human health;
• authorized (permitted by the court) entry into the building with the aim of destroying castles and barriers;
• alarm production;

In dangerous and hopeless situations, police officers are allowed to fire, which means the need for help and call for help. Moreover, it is allowed to shoot in any direction, provided there are no people.

Shot bans

There are exceptions to any rule, which are stipulated by the commentary to the Law “On Police”. Article 23 refers to those categories of persons in respect of which the use of firearms is strictly prohibited. The taboos include:

• children;
• women;
• disabled people.

When can and when not?

The legislator points to the obvious age of children. Judge for yourself, now there are a lot of minor girls who dress and dye so that they can not be distinguished from 25 year old ladies. In addition, if the employee knows the age of the child, then shooting for a juvenile is subject to criminal liability, and even with aggravating circumstances.

In turn, the use of firearms for persons with disabilities is prohibited only if there are obvious signs, which are understood as hearing aids, wheelchairs, a cane and other auxiliary means.

The ban on the use of weapons is lifted only in the event of an armed attack of the above categories.

Additional Prohibitions

The last line of Article 23 of the Law of the Russian Federation “On Police” indicates a general ban on the use of firearms. So, in crowded places it is forbidden to expose the gun.

This norm is determined by the state protection of the society from encroachment on life and health. Agree, it is inexpedient to shoot at the criminal who hid in the crowd. In such a situation, the probability of injuring an innocent citizen is especially high. Violation of this prohibition is punishable by various types of liability, which will be discussed later.

What actions follow the illegal use of weapons?

The information provided is particularly interesting to those against whom at least once a firearm was used. The legislator for the unlawful use of a special tool establishes the following types of liability:

1. Criminal
2. Disciplinary.
3. Material.

The first type of liability is regulated by the Criminal Code of the Russian Federation and is punishable to the fullest extent of the law. Judicial practice shows that liability for unlawful harm to life and health by police officers is severely punished, as a rule, by imprisonment. The criminal law contains a number of articles protecting citizens from the unlawful use of firearms against themselves. If you find yourself in such a situation, remember this!

Disciplinary liability applies solely to the performance of an employee. The maximum measure of punishment is dismissal from service, the minimum - remark, reprimand. These actions affect not only the legal status, for example, reduction in a special rank, but also on the payment of monetary allowance.

Liability is a type of civil liability. This group is characterized by the obligation to pay or reimburse property that has been harmed.

In the light of the foregoing, it is worth noting that an employee who has improperly used a weapon may incur one or several types of liability.