The use of weapons and physical force by any citizen, including those performing official duties, is considered an extreme measure. The rules for using special tools are regulated by various legal documents. In particular, the use of weapons by law enforcement officials is regulated by the Charter and federal law. Consider the basic rules below.
general information
Current legislation defines the cases in which the use of weapons is allowed. The Criminal Code uses such a concept as “necessary defense”. If there are sufficient grounds, the official has the right to use weapons in the performance of his duties. Meanwhile, the Charter and sectoral federal laws establish a number of restrictions for cases that formally fall under the necessary defense.
Attack defense
The use of weapons by the Russian police is allowed in the event of a clear threat to protected objects. These include, in particular, convoys of vehicles, locations of military units and units, buildings, single vehicles, trains and guards. An attack can be carried out by both armed and unarmed people. In the first case, the attack is regarded as a threat to life. Accordingly, the use of weapons by a police officer in such situations will be considered necessary defense. As for the second case, such an attack does not pose a direct threat to life. Criminal law prohibits the taking of a person’s life in such situations. The use of weapons by a police officer is allowed after the employee assesses the proportionality of the alleged harm and damage that will be done in response.
Suppression of illegal actions
The use of weapons by the police is permitted when they perform service at guarded facilities in the event of the threat of their unlawful capture. At the same time, officials must take into account that any property, including of defense value, is of less value than human life. In this regard, the decision to use weapons must be balanced.
Policing
The use of weapons by the police is permitted in the presence of a threat to the health / life of the population. Moreover, it does not matter in relation to whom the protection is carried out - civilians or members of the Armed Forces. The conditions for the implementation of the necessary defense provided for by law cover the situation when the threat to the population is suppressed, if the alleged harm to health is excluded. In other words, the use of weapons is allowed if there is a real threat to the lives of citizens. Moreover, the law makes one more reservation. The norms indicate that the use of special equipment is permitted if it is impossible to provide protection in other ways. According to some experts, the inclusion of this clause in the law is impractical.
Detention
Legislation and the Charter allow the use of weapons by a police officer in relation to citizens who show resistance. However, in this case one condition must be met. The subject to whom the detention is being carried out must be armed. Employees can use a machine gun, a gun and other special equipment if a citizen does not want to give up voluntarily. It is worth saying that the very fact of the presence of weapons in the subject in respect of which the detention is carried out, as well as his resistance and unwillingness to comply with the requirements of law enforcement officials, serve as the basis for qualifying his behavior as a criminal offense.
Specificity
The purpose of the detention is determined by the Criminal Code ( Article 38 ). The use of weapons , according to the norm, should not be in relation to the subject under any circumstances. In it, in particular, it is said that the purpose of the detention is to bring a citizen to law enforcement agencies, to suppress the commission of new illegal acts by him. Thus, the subject must be detained and brought to the duty unit. However, after a deeper analysis of the norm, we can draw the following conclusion. The armed resistance provided by a citizen from the moment of confrontation with representatives of law enforcement agencies is an encroachment on their lives. In such a situation, accordingly, the conditions for the necessary defense are formed. The presence of a weapon in a subject, even if it was not used at the time of suppression, is a sufficient basis for retaliatory actions by employees that could lead to the death of the offender.
Additionally
The Charter of the internal service also stipulates other cases in which the use of weapons is permitted. So, part two of Art. 14 The UVS allows its use to call for help, scare away animals that pose a threat to the life / health of the population, and also to signal an alarm. It is worth noting that the provisions permitting the use of weapons in emergency situations are also present in other regulations.
Bans
In Art. 14 of the Department of Internal Affairs, categories of citizens are defined for which the use of weapons is not allowed. These include:
- Minors, if their age is obvious or known.
- Women.
- Persons with external and obvious signs of disability.
If these citizens are armed or carry out a group attack, thereby creating a threat to the lives of others, the use of weapons is permitted, if it is not possible to neutralize the danger emanating from them.
Regulatory support
The rules for the use of weapons by employees in general are established in the UVS, in parts 1 and 2 of article 13. The normative act provides for certain powers for officials. They are implemented in the course of employees performing their duties. When absolutely necessary, the law allows the use of weapons outside the office. The general provisions of the UVS also establish requirements regarding the wearing and storage of special equipment.
Law
The Federal Law "On Weapons" defines the rules for its use by civilians. The normative act establishes that the use of special means is allowed only if the subject owns them legally. Weapons can be used to ensure the protection of life, health, property, in extreme cases - and in the implementation of the necessary defense. Before using special means, a person is obliged to warn the citizen against whom they are directed about his actions. In exceptional cases, this can be omitted. In particular, we are talking about situations in which delay can cost a person life or entail other serious consequences. When using weapons, the subject should not cause harm to third parties. The law requires that every fact of using special equipment be reported to the territorial department of the VD.
Wearing rules
The legislation defines the categories of citizens who should not carry weapons and use them. These include:
- Persons intoxicated.
- Citizens participating in demonstrations, processions, rallies, meetings, religious rites / ceremonies, pickets, cultural events, sports or other events with the participation of a large number of people.
The last rule, however, does not apply to:
- Persons participating in competitions involving the use of sports weapons.
- Citizens who exercise the powers to protect order and security.
- Cossacks participating in meetings, ceremonies, ceremonies, entertainment, cultural or other events involving the obligatory wearing of a national costume. As a rule, this is allowed in areas where the presence of bladed weapons is considered an integral element of it.
Entities that act as organizers of entertainment, cultural events, sports, and other public events are vested with the right to temporarily store special equipment that is legally owned by citizens, according to the rules established in federal law.