The use of special means by the police: reasons, the order of application, restrictions

Today we consider the topic interesting and sometimes very relevant - about the technical devices and objects (formally known as special funds), which police use to subdue the citizens, suppress riots, etc. About what will be discussed?

The law "On police" does not contain definition of such term. However this concept since 1988, is mentioned among the legal acts of the former USSR. What is it and when the police officer has the right to use these funds? This theme is quite complicated and rather ambiguous. In the mass media sometimes flashes information on cases of violations of individual rights, when such actions of law enforcement officials. As tragic episodes associated with loss of life in connection with the misuse of these funds, or exceeding the police a degree of self-defense. Let's try under the proposed article to highlight the main aspects related to such funds.

Let's Start with a definition

The Correct way is to classify special means of police officers as the armament of the Ministry of internal Affairs and used in separate situations. technical products (substances and objects), as well as service animals, the purpose of which is physical force to be coercive on people or objects of the material plane.

What is meant by the use of special means by the police? MIA has an Arsenal of around thirteen of their names and types, with many modifications. We are talking about tear gas, handcuffs, rubber sticks, rubber bullets non-penetrating (percussion) action, distracting light and sound vehicles. In addition, there is the use of armored vehicles, water cannons, guard dogs, electroshock devices, and tools designed to break the barriers and forced stops. Have police officers and materials for special stains, what are we talking about below.

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Who is allowed to use them?

The police Officer is obliged to use special means to obtain the permit. Who authorized him to give? Regarding the handcuffs, rubber sticks, aerosol dispensers and individual armored vehicles such permission is granted to operations duty officers (the chief duty shift). When it comes to cartridges and shots of non-penetrating, high pressure sprayers, special sticks, hand grenades with irritant (tear) action gas vehicles (guns and generators), light-sound distraction tools and other listed by the paragraph above materials, the permission comes from the head of the Ministry of interior or his Deputy.

There is a legal basis for the use by police officers of the special funds included in the approved by the RF Government List. Permission to use may be issued by the Minister of internal Affairs of the Russian Federation, his deputies, chiefs of police, Ministry of internal Affairs of subjects of the Russian Federation or their deputies.

The Decision on the number and types of special equipment that is required to conduct a particular operation is accepted by its leadership. In the case of individual actions of the police officer like he makes a decision independently reported subsequently by the report-report to direct superiors.

Some features of the use by police of special means

During the RAID they must be inspected, to detect possible victims, collect or kill any remaining unclaimed items and substances, to identify potential damage and fire, as well as to eliminate other adverse effects. Special means it is prohibited to use in case of a technical fault or those that have passed the retention period.

There are certain rules of application of special means by the police, with which compliance is mandatory. The Russian law On police regulates the use of force, along with firearms officers in maintaining law and order, if there is the likelihood of excessively heavy wounds (we are talking about unnecessary risk).

The Use of special means by the police article of the law deals with the possibility of expanding the list of similar. That is, the above list is not exhaustive and may be supplemented and expanded.

This is no joke

In Addition, the Ministry of internal Affairs of the Russian Federation has a legitimate reason of application of special means by the police (in some cases), and firearms with ammunition from the Arsenal of law enforcement agencies of other countries.

What are you talking About? About plastic bullets, "wanted" (a device for shots thin arrows with wires attached, can cause paralysis by electric current), "flash bole" (the so-called device that fires shells the size of a tennis ball, the action of which is similar to kick boxer), paintball weapon is a BB gun, shooting gelatinous balls with indelible ink (used to mark participants of street riots), etc.

Thus, the rights of the citizen in the government's use of non-lethal weapons, are not indicated in the law "On police", in practice, nothing is guaranteed. On his side - only the bare minimum of legal guarantees. It is hoped that in the extreme situation will be respected the order of application of special means by the police regarding the extent allowable defense and infliction of harm in the detention process.

Armed police

At the disposal of the bodies of internal Affairs currently has in stock a rubber stick, various modifications (for example, CR-89, CR-73, CR-90, etc.), They are designed for use in certain conditions, employees of various departments from the traffic police and local police officers to patrol (including special groups).

A Rubber stick can be called the weapons of the police. This item applies in those situations when you want to reflect the attack on the police or civilians, to suppress the resistance provided by either the group action, leading to disruption of transport and communication.

There are special rules that the police officer is obliged, in applying special means to perform. Rubber sticks it is forbidden to conduct strikes against the neck, head, collarbone, stomach and genitals. But keep in mind that these restrictions apply only instances of the application of their own initiative (i.e., offensive). When the stick is used as a means of protection at necessary defence, it all depends on the balance of forces and the complexity of the situation. That is, in such extreme conditions, the beats may be applied by any entity.

Theoretically required by law to be taken into account any circumstances that affect the real balance of forces parties to the conflict - the number of participating in the fight and with the other hand, their age and degree of physical development, the absence or existence at criminals of the weapon, the time and circumstances of the actions. If the attack was committed by a group of persons, there is reason of the use by police of special means and measures of restraint to any of the strikers to the extent of the danger posed by the entire criminal group.

Tear gas

The Specifics with the maintenance of tear agents can be divided into the following types:

1. Hand grenades tear (irritant) effect of the modifications “Roll - VV”, “Drift”.

2. Gunshots and bullets of the same action means “lilac-7”, “bird Cherry - 7M”.

3. The aerosol spray action, called “St. John's Wort - 10” and “St. John's Wort - 10M”.

4. Liquid portable unit.

When they use tear gas? Cases of the use by police of special means of this type is the need to repel an attack on ordinary citizens and policemen to suppress the resistance rendered to the police officer, or detain a person whose behaviour indicates the possibility of armed resistance.

In addition, using tear gas free people, forcibly detained as hostages in the storming of the occupied buildings and premises, and vehicles, land and buildings. It is used in acts of restraint of group actions and unrest on a massive scale.

The order of application of special means by the police prohibits aiming to shoot at the offenders to use special equipment again in the period of their validity in the affected area. Part of tear substances allowed for use only in open area.

About the famous "Lilac"

Most often is the use by police of special means of this type in the form of tear gas "siren" - CS (or orthochlorobenzalmalononitrile) placed in the aerosol packaging weighing 100 ml temperature range storage 10 - 40 ⁰C. Active composition has a range of emission half to two meters and impact on the offender for two or three seconds.

The Effect is enhanced in summer compared to the winter and decreases in the event of rain or strong wind. The use by police of special means of this type is allowed in the open area and in the room. Purpose of depriving offender of ability to commit actions in a short period of time.

Performance characteristics of such non-lethal weapons can be effectively used against a particular person. The optimal distance is less than a meter. You should be aware of safety measures taking into account the strength of the wind, the possible presence of open flames, etc.

This tool can seriously injure the organs of vision. If a quarter of an hour after its application, the offender continues to experience a sharp pain in the eyes, by a police officer he must be given medical or first aid. It should be mentioned that the Federal law "About weapons" no 150-FZ, adopted in December 1996, these funds are considered gas weapons. This approach was adopted normative act regarding the detention of accused and suspects.

When using the handcuffs?

In service inpolice handcuffs are the types BR and BR-S. When a police officer has the right to use them as intended? If necessary to prevent resist him, to detain a citizen, apprehended in the Commission of a serious crime and tried to hide. This refers to the crime against health, life or property.

The handcuffs are required in case of delivering detainees to the police, escorting prisoners (including in the case of administrative detention) if the private behavior demonstrate a tendency to stray, harm to others or the possibility of impeding a police officer.

If in a particular situation, the police officer handcuffs are absent, he has the right to use to bind the hands of other assistive technology, as it does not violate the main purpose of the use - restriction of hazardous or illegal actions.

Important details

The police Officer is obliged, in applying special means in the form of handcuffs to check periodically (every couple of hours or more) the state of fixation of their locks. The objective of the audit is to prevent the unfastening of the locks or, on the contrary, their excessive sitegenie, leading to hand injuries.

The name "handcuffs" shows that they intended to fasten on his hands. In real conditions, sometimes the offender is required to fasten to a stationary object (tree, battery), put the specified object on the foot or fasten together the arm with the leg. From a legal point of view, it is inhumane in the General case shall be regarded as an abuse of power.

Part of the police in his defense when using this form of fixation results in the need for effectively addressing the violent resistance of the detainee. But in General the vast majority of cases allows to apply in such cases, the usual way of binding.

About the rights of detainees

The Period during which the use by police of special means in the form of handcuffs in a single order, is not regulated. Sometimes part of the departmental regulations found mention of two-hour duration. For example, we can talk about the content in the detention center when police detained in administrative arrest for petty hooliganism.

The fact that the use of handcuffs must be legally recorded in the prescribed form. That is, for example, the Protocol made in the case of administrative arrest, shall contain the fact of their application with the time putting on and taking off. This must be in reasons for their use. In the case of the use of their patrol Charter it requires documenting this fact in the form of writing the report.

In practice, in most cases, when the handcuffs used during arrest, escort and delivery on foot or in the car, it costs all without drawing up documents.

Light-sound Distraction tools and other equipment

We are talking about an operational and technical the stationary tool is called the ‘Flame-M" light and sound hand grenade “dawn-2». Apply them in the same cases as listed above. That is, to reflect the aggressive actions of detainees or suspects to citizens (or when there is reason to believe that the person intends to provide armed resistance ), and in the process of freeing the hostages and prevent mass unrest of character. To apply them is permitted at a distance of over 2 meters away from the people.

The tools used to break the barriers are small devices explosive action "Impulse" and "Key". They are not allowed to apply in areas where there may be hostages, and also on distance less than 2 meters away from the people.

If you want a forced stop means of transport (when the driver does not comply with the requirements of this police officer), this is also done due to non-lethal weapons. For violation of the SDA driver his vehicle is stopped by speakerphone, gesture with your hand or with a rod, special light and sound signals in nature.

Limitations of use the police officer of special means in relation to the transport

Under the prohibition of stopping of vehicles on road sections of limited visibility, before turning and after, just before the top of the climb or after it, before the transition, crossroads and in the zone of the railway crossing. This applies to other dangerous places. With the exception of cases, when urgent stop is necessary.

In the case of a driver ignoring a police signal to stop his actions can be qualified as failure to comply with lawful requirements of a representative government. In the legal sense the forced stop can be applied in the case of even a single failure to comply.

If the driver creates real danger to the health and lives of others and he ignored repeated signals to stop, are allowed to use firearms with the purpose to damage the vehicle.

In this case allows the use of special means by the police, section 153-I of the "Law on police" (para. 1st her 2ndpart). Do not use the forced stop of motor transport of the General use vehicles and trucks carrying people. Not subject to such used vehicles of diplomatic missions, motorcycles, any vehicle on mountain roads or in restricted visibility. It is forbidden to do it on bridges, overpasses, railroad crossings, overpasses, in the tunnels.

Other special equipment

To other similar options technique used by the police, include the brands armored personnel carriers BTR - 60PB, BTR - 80, BTR - 70), water cannons («Avalanche», fire tanker AC - 40), special machine SPM - 1, combat reconnaissance and patrol vehicle (BRDM - 2).

The Use of special means by the police in this case (we are talking about armored vehicles and water cannons) is possible only on the direct order of the chief of ATC or criminal police with mandatory notification of the Prosecutor within the next days since the beginning of operation. For action is resorted to water cannons if necessary to disperse the participants of mass disorder, and also to extinguish the fire by using the manufactured pressure water jets. They are not allowed to apply if air temperature is below 0⁰С.

Informed for dispersal participants riots often resorted to the use of fire trucks. But in 1994 was adopted the law "On fire safety" (No. 69-FZ), article No. 4, which was repealed attraction of means of fighting fire for action on the prevention and elimination of mass conflict and unrest.

In some cases, armored vehicle? The need for this may arise in the operation of detention of a group of armed criminals or the excesses of the masses, when you block traffic or, if necessary, to arrange passage amongst obstacles, as well as to deliver personnel to a remote destination.

About dogs and chemicals

As a special coloring means applied a number of chemicals - phenolphthalein solution, rivanol, tetracycline, and specteral and fluorescent pencils. Using them to identify the individuals involved in committing crimes. Possible to install such a coloring of funds in property with the consent of the owner.

It is worth to mention dogs that can be kept on leashes and muzzled, or without them. All the cases which are provided for their use, are regulated by separate paragraphs and provisions of the act. And this applies to different types of actions with the dogs - with the use of muzzles and leashes.

Finally, verify that any case permitting under Federal law the use of firearms automatically implies authorization to use listed in article of special tools. Practically, this means an expanded scope of their action compared to the first. Don't forget anyone - with the law, as it is known, jokes are bad.

I Want all the readers to wish to treat with the utmost seriousness to the matters set out in article information. As you know, from poverty and prison to promise not advised to anyone, especially in our harsh reality. But many (especially the younger generation) give a fairly weak report that conflict with the law. And what consequences are attempts to infringe - from petty crimes to serious wrongdoing. We are not even talking now about the inevitable sometimes very harsh punishment. The procedure clashes with armed police overnight can sober up any hot heads. We wish all the readers of intelligent behavior and the lack of problems with the law.