The activity of modern man every day takes on new, more interesting and complex forms. However, there are areas whose relevance has not been declining for several years now. Among these can be attributed law enforcement. Its origin occurred in ancient times.
It is known that in ancient city-states there were special detachments involved in the protection of the polis, that is, cities. Representatives of this field of activity were highly respected and respected in society, which led to the prestige of law enforcement.
This trend has not changed today. If we take, for example, the police of the Russian Federation, then they enjoy not only exceptional respect, but also a number of social benefits. In addition, the state provides these employees with all the necessary means, things and equipment. However, the legal status of the police of the Russian Federation is not a combination of only social benefits. Employees of this type are carriers of special powers delegated to them by the state.
One of those is the right to use special means and weapons. Given the specifics of police tasks, the wearing of special equipment and firearms is due to banal safety rules. At the same time, the legislator in special regulatory acts introduces the institution of guaranteeing the personal safety of the police officer, which will be discussed later in the article.
What is the police?
The security guarantees of an armed police officer are enshrined in Art. 24 of the Law "On Police". However, before considering this norm, it is necessary to understand the features of the body itself. This department on the territory of our state appeared a long time ago. Already during the reign of Peter I in Russia there were police units. Today, the body is an integral part of the Ministry of Internal Affairs of the Russian Federation. Its main functions include:
- protection of human life and health;
- protection of human freedoms and legal rights;
- fight against crime;
- policing, etc.
As we see, the tasks of the police are quite specific. Therefore, the representatives of the body are subject to the framework of a special legal status. Effective implementation of the functions is done by the police due to the structure of this body.
Special authority
The fact that the police is a body that directly implements all aspects of the anti-crime policy gives its representatives the right to use special means and firearms. This kind of authority is a guarantee of personal security.
As for the regulatory framework for the use of special means and firearms, a similar legal mechanism exists. It is enshrined in Art. 19, 24 of the Law on Police. According to the provisions of the regulatory enactment, police officers may in exceptional cases apply physical measures to certain individuals, as well as special items, one of which is a weapon. At the same time, it is very important that the exercise of such powers is carried out in a strict regulatory framework, otherwise the policeman will be brought to legal responsibility of a certain nature. In order to understand in more detail the specifics of the legislative regulation of the use of weapons, special means and physical force, it is necessary to analyze certain articles of the Federal Law “On the Police”.
The right to physical strength
Law "On the Police", Art. 18, 24, shows the key regulatory framework in which the special powers of the employees of the body are realized. If we are talking specifically about physical strength, then this method is a normative reaction of an employee of the Ministry of Internal Affairs to illegal actions. In addition, the application of such a measure of influence is allowed in cases where a person impedes the fulfillment of the lawful requirements of a police officer. But the use of physical force itself should not be excessive. In other words, the policeman is obliged in every way to minimize the damage that may be caused.
Legal guarantees for the use of physical force
It is worth noting that the fact of using special powers by the police is initially legal. Therefore, the Ministry of Internal Affairs should immediately notify his immediate superior and, of course, the prosecutor of such actions. Information to the last subject must be delivered no later than 24 hours after the use of physical force.
This approach ensures the lawfulness and openness of the activities of the law enforcement body, as well as prompt clarification of all the circumstances of a particular situation. In this case, Art. 20, 24 of the Law "On Police" have similar provisions. In both cases, key legal action algorithms are fixed after the application of these special measures.
Features of the use of special tools
Federal law sets the scope for police use of special equipment. Such items include special sticks, gas canisters, handcuffs, flash-shock, acoustic devices, armored vehicles, water cannons, etc. The order and scope of their use are the same as in the case of physical force. That is, the use of special tools should be reasonable and legal. The latter factor is ensured by notifying the employee of the supervisory authority.
Firearms: concept and risks
Police often use one very tough method of influencing criminals. This is a firearm. It is an object that drives a bullet through the combustion of powder gases. In turn, a bullet when hit in a person can cause his death.
Thus, although the use of firearms is allowed in the activities of the Russian police, in practice it is allowed only in certain cases. At the same time, there are very strict legal frameworks for actions of a similar nature, which Article 23 and Art. 24 of the Law "On Police". Thus, a firearm, as a method of influence, is one of the special powers of the police and is characterized by the following features, namely:
- its use can cause death of a person;
- firearms can only be used in certain cases expressly provided for by law;
- illegal use of firearms by a policeman is a condition for holding him accountable.
However, the legislator has developed certain security guarantees for police officers who are armed. That is, we are talking about the existence of special legal aspects in which the use of the most severe method of influence is legitimate. They are described in detail by the law of the Russian Federation “On Police,” article 24. The institution of guarantees has its own characteristics.
Section 24 of the Law on Police: Comments
If you analyze Art. 23 of the Federal Law governing the activities of the Ministry of Internal Affairs, it is possible to identify key, model situations in which the use of firearms is allowed. But the application of this severe measure of influence can be implemented in other objective circumstances, as the Law “On Police” tells us, chapter 5. Articles 24 and 23 in this case are similar, but different legal institutions are enshrined. According to the security guarantees of an armed police officer, the latter has the right to put his weapon on alert if, in a certain situation, there are prerequisites for its use. In this case, the Interior Ministry officer, based on a subjective perception of reality, can draw conclusions about the need to use the highest possible measure of influence in the future.
In addition, Art. 24 of the Law "On Police" contains another guarantee for the use of weapons. The second part of the norm states that the employee of the Ministry of Internal Affairs has the right to use weapons if a person who was detained while the police are on alert starts unreasonably close to the latter. Thus, Art. 24 of the Law "On Police" creates a comprehensive legal regime for the protection of law enforcement officers in certain situations. Of course, this approach is an indicator of the development of the police system and its effectiveness.
Responsibility for unauthorized use
It is worth noting the fact that the unlawful use of firearms, special means or physical force entails the application of various types of legal liability measures to the police. First of all, a police officer will be brought to disciplinary action. If a crime is present in his actions, then the criminal law will come into force. In any case, the use of firearms and other special powers must be legal and deliberate.
Conclusion
So, we have examined article 24 of the Law "On Police". Analysis and comments on the norm show that it is an obligatory normative element in the activities of employees of the Ministry of Internal Affairs of the Russian Federation. After all, the article allows police officers to realize their tasks and fight crime as efficiently as possible.