Legal grounds and safety of law enforcement officers in the use of firearms

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Introduction

Gunfire - one of the most important and controversial issues in the theory and practice of law enforcement is an integral part of combating crime. Its application affects the fundamental constitutional rights of citizens to protection against socially dangerous acts.

To ensure human security, the interests of society and the state, the legislation conferred upon certain categories of officials entitled to use and use of firearms.

In modern conditions greatly increased mobility, technical equipment, the quality and level of armament criminals. When conducting law enforcement activities, they increasingly translate into active opposition, physical fighting, the use of armed violence in the hand or fire fight between criminals and police.

Often the part of the wounded criminals, their relatives and other stakeholders generated a variety of speculation about whether the use of firearms against them, and in case of death of criminals issue becomes even more acute.

Individual police intimidating enough real prospect of their criminal cases under the use of firearms, which resulted in injuries or deaths, leading to the generation they reinsurance psychology and uncertainty in their actions, and that only the hand of the wicked.

Research on the problem of application and use of firearms devoted their scholarly works such domestic and foreign scholars as PP Andrushko, Y. Baulin, VP Videnko, IS Tyszkiewicz, V. Novikov, V. Osadchy, S. Slivka, A. Kaplunov, AS Kniazkov, NT Kutz, LL Popov, MI Yakubovich and others [6].

Pressing issue today is to reform the law enforcement system. His solution is connected with the improvement of management, clarifying tasks and functions, optimization of the structure.

Problems of managing a number of studies devoted to local scientists, including VB Averyanov, O. Bandurko YP Bytyaka, AS Vasiliev, I. Holosnichenka, VK Kolpakov, Ya.Yu. Kondratiev, VI Olefir, VM Plishkina, Y. Rymarenko, AF Skakun, Kh Yarmak and others.

A significant part of the research is devoted to the organization of the police to ensure public order, public security, the fight against crime, especially organized forms.

Weapon - are objects and devices that are designed to hit a living target and no other purpose. Firearms - means any weapon, impressive as that specifies the action of the projectile that is accelerated by force of powder gases.

Basic rules for the application and use of firearms installed in st.st.15 15 prym.1 Law of Ukraine "On Police" from December 20, 1990 and at its base - in other regulations.

firearms restraint application



1. General description of firearms and its classification

Firearms - a device in which to flight the ball with kana ¬ lu barrel uses the energy of chemical decomposition of explosives. To decide whether a subject to vohnepal ¬ tion weapons than establishing common trait - Trust appointed ¬ tion, it is necessary to fit the following criteria:

* for throwing a projectile to be used energy that formation ¬ insurance safety during combustion of explosive (gunpowder);

* object must have a barrel for guiding the projectile motion;

* the presence of the subject devices for closing the bore and to ignite the charge;

* sufficient projectile striking effect;

* sufficient structural strength of the subject.

The first three criteria can be determined visually inspecting weapons at the scene.

2. Legal grounds for the use of firearms by law enforcement

The application of military firearms Ministry of Defense of Ukraine, State Committee, the Security Service of Ukraine, the State Security Department, the Tax Police and Ministry of Interior of Ukraine are determined by legislation.

Law enforcement officials, as a last resort, have the right to use firearms in cases and only on the grounds provided by the Law of Ukraine "On Police" (as amended), and at its base - in other regulations.

In these rules are two terminological concept "use" and "use" of firearms depending on the goals pursued.

According to Art. 15 of the Act, "the police as a last resort have the right to use firearms in such cases:

1) to protect civilians from attack that threatens their lives and health, as well as the release of hostages;

2) to repel an attack on a police officer or members of his family if their life or health is endangered;

3) to repel attacks on protected objects, convoys, citizens living quarters, buildings of government and public enterprises, institutions and organizations, and their dismissal in case of capture;

4) for the detention of a person caught committing a serious crime and is trying to escape;

5) to arrest a person who commits armed resistance, trying to escape from custody, as well as an armed person threatening the use of weapons and other items that threatens the life and health of a police officer;

6) to stop the vehicle by its damage by driving their actions pose a threat to life or health, or police officer.

The police have the right to use weapons for filing an alarm or call for assistance for neutralization animal that threatens the life and health of citizens or police officer.

Consider in more detail the reasons for the use of weapons under Article 15 of the Law of Ukraine "On Police" (as amended) and their features.

In Clause 1, Article 15 refers to the protection of citizens from attack.

Offense should be socially dangerous, illegal, clearly threatening the life and health of citizens. Police officer or other person shall take measures to protect the citizen, should not expect the implementation of this threat (shot with a gun, knife tasks or other instrument adapted for causing injury and life, etc.).

With the release of the hostages legislator does not involve any additional types of illegal actions against captured. The fact that hostage-taking gives rise to the use of force during their release.

If an armed police officer is in plain clothes, in case of an attack on his employee, if possible, should warn the attacker: "Police! Do not move! ". If his stay in uniform dress in such a warning is not necessary. By 1995, for the possibility of weapons in the event of an armed or group attack on a police officer and his family. As amended, Clause 2 of Article 15 referred to the reflection attack on them, which endangers the life or health.

Assault on a police officer and his family does not have to be a group or armed. Offenders can attack, creating danger to life or health, using vehicles, trained dogs or other animals, construction facilities (staging blockage) and others.

The current legislation directly determined only such a thing as "close relatives", while the term "family member" interpreted by the Constitutional Court of Ukraine.

Thus, the Law of Ukraine "On State Protection of court staff and law enforcement agencies" specified persons who belong to "close relatives" (father, mother, child, brother, sister, grandchildren, grandparents through husband and wife). It should be noted that close relatives are not always members simyi'i at the same time, family members might not be close relatives (aunts, uncles, cousins, etc.), but always live together and lead the overall economy .

In 1999, the Constitutional Court of Ukraine (in resolving disputes about benefits) determined that:

"When a family member of military, police and personnel of the State Fire Service within the meaning of paragraph 6 of Article 12 of the Law of Ukraine" On social and legal protection of servicemen and their families "and the sixth paragraph of Article 22 of the Law of Ukraine" On Fire "must be understood person who is the subject of the right to benefits to pay for housing and communal services in the relationship, the nature of which is determined: blood (family) ties or marriage relationship; permanent residence of the military, police and personnel of the State Fire Service; driving with him the general economy. These features (requirements) applied differentially at specific definition of family members who are eligible for the above benefits.

In the circle of family soldier, police officer, personnel of the State Fire are his (her) wife (husband), their children and parents. As they feature (requirement) of the general economy of the subject of the right to benefits in payment for housing and communal services applies only in cases prescribed by law. Children are family members regardless of whether they are children of any spouse, common or adopted, born in wedlock or illegitimate.

Members of the family of a serviceman, police officers and personnel of the State Fire Service can be recognized and other persons under the conditions of residence along with the subject of rights and privileges of common economy with it, that not only his (her) close relatives (family brothers, sisters, grandchildren, grandparents) but other relatives or persons who are not from the military, police and personnel of state fire safety in the immediate kinship (nepovnoridni brothers, sisters, son, daughter-in-law, stepfather, stepmother , guardians, trustees, stepchildren, stepdaughter, and others.).

Thus, in accordance with paragraph 2 of Article 15 of the Law, weapons can be used to repel an attack on the family of a police officer, and in case of an attack on relatives who are not relatives or members of the family should be guided by Mr. 1 of this article, ie to protect civilians from attack.

In the event of circumstances to protect objects that are protected by a police officer or other official may be circumstances for the use of weapons (paragraph 3 of Article 15), but the prerequisite is that the attacker must actually realize presence a protected object, which fitted the fence with warning signs "Passage forbidden," "protected object", "Stop! Forbidden Zone! "Burglar alarm, set of towers, with armed chat and others.

Legislators have assumed the character of an attack (armed or not), the main criterion - an attack against the protected object.

According to the Criminal Law (st.st.36-39, 42 of the Criminal Code of Ukraine), is not a crime using weapons or any other vehicles or objects, regardless of the consequences if these actions were taken to protect against attack an armed person or group attack people prevent unlawful forcible penetration in home or other premises or if the person who suffered the attack, could not because of fear or strong emotion caused by socially dangerous actions to assess compliance with the protection of the nature of attacks.

Use weapons to repel an attack on convoy (paragraph 4 of Article 15) may occur when you try to get rid of escorted persons or release detainees, acquire weapons (both escorted persons and outside - a third party), that oppose the implementation of duties, assigned to the convoy. It does not matter nor the number of attackers or the nature of their weapons, nor the degree of threat to the life or health of escorted persons and guards.

Premises for various public enterprises, institutions and organizations are all facilities that do not fall under the signs of housing and designed to perform administrative functions of household regardless of their affiliation.

But with the release of such premises if they capture one of the conditions of the possibility of weapons is a need for additional measures: negotiation, sending letters of dismissal of such premises and so on.

The law for police officers and persons who are covered by paragraph 4 of Article 15 of the Law of Ukraine "On Police", and assumed this ground, as the use of weapons for the detention of a person who was caught during the commission of a serious crime and is trying to escape.

At the same time, the Criminal Code of Ukraine (the Criminal Code of Ukraine), in Article 12 "Classification of crimes", depending on the seriousness of the crimes provided for the division of the crimes of minor, moderate, severe and very serious. The police have the right to use weapons just in case of committing grave and especially grave crime.

However, police officers and others almost always arise objective difficulties during qualifying skoyuvanoho at this time of the crime as grave or especially grave. For example, at the moment zastannya perpetrator at the scene of the crime, he can not know whether the circumstances of the commission of such qualifying signs of a serious or especially serious crime, as if the person commits such an offense that already has been convicted of an intentional crime (relapse), which is the sum recently stolen property, whether it comes to rape a person who has not attained the age of majority, and so on.

In addition, the determination of the legality of weapons under this paragraph, a person who intends to use weapons should immediately catch the perpetrator during the crime, and in cases where the offender fulfills the requirements of law enforcement officers seem to use weapons be deemed unlawful, illegal .

In accordance with paragraph 5 of Article 15 of the Law of Ukraine "On Police" mandatory grounds for the use of weapons by a police officer is committing a criminal armed resistance, with the nature of weapons, the number of persons who resist, do not matter.

Use weapons to arrest a person who tries to escape from custody, may take place when in relation to that person a preventive measure "detention" or a person serving a sentence in prison (except those arrested for committing administrative offenses, persons serving criminal sentence of community service, arrest, restraint). This same person who tries to escape, should realize that she is in custody. That is, it must be informed of the decision on pretrial detention protocol of detention as stipulated st.115 current Criminal Procedural Code of Ukraine. Sami threat investigator, prosecutor and other officials like "I'll plant it" does not give reasons for the use of weapons in the event of escape of a person detained by law enforcement agencies.

Attempts to get in shape forced to abandon performance of a police officer or other official duties to protect public order (release a detainee, give weapons or special funds, property or documents, etc.) with the threat of weapons or other items that threaten the life or health 'S a police officer, give rise to the use of weapons to stop illegal actions of the offender.

In the event of a threat to the life or health of the militia or other citizens driver who drives the vehicle, weapons can be used for forced stop of the vehicle by damaging it. The peculiarity of this reason, p.6 under Article 15, is that the driver may inadvertently create such a threat.

In those cases, when it became known that the driver intentionally creates a threat to the life or health of a police officer or a citizen of weapons is even more justified. Action Driving under the criminal law may later qualify as preparation for a crime or attempted crime.

Preparation of the crime is pidshukuvannya or adjustment means or tools, pidshukuvannya accomplices or conspiracy to commit an offense, removing obstacles and other deliberate creation of conditions for the offense (Article 14 of the Criminal Code of Ukraine).

Attempt to commit a crime is committed by a person with direct intent act (action or inaction) directly aimed at committing an offense under the relevant article of the Criminal Code of Ukraine, if this crime was not brought to an end, for reasons that do not depend on the will of the person ( Article 15 of the Criminal Code of Ukraine).

Penalties for cooking the crime and attempted crime shall be appointed by the law, which provides for responsibility for this crime (of the Criminal Code of Ukraine) unless it is a small weight that can not be grounds for criminal prosecution.

State provides for measures to ensure the safety of police officers. According to Article 15-1 Law of Ukraine "On Police" ("safe conduct of armed militia"), a police officer has the right to bare firearms and bring it in readiness, if it considers that the situation that has developed, there may be grounds for its application. When apprehending criminals or offenders or persons whom the police officer suspected of committing crimes or offenses and checking documents suspects, police can result in readiness firearm that is a warning about the possibility of its application.

Attempting person detained by a police officer with gun in hand, to get closer to him, while reducing the time determined by the distance, or touch weapons, give police officers the right to use firearms.

Actions citizen, an official and a police officer after the use of force:

The employees of the Soviet militia, who was also armed with weapons and firearms on December 13, 1923 Regulations district police chiefs have been assigned this duty:

"Oh anao cases upotreblenyya weapons chief raymylytsyy communicate with police chief okruzhnoy ukazanyem number yzrashodovannыh ohnestrelnыh prypasov.

If the application of weapons ymelo consequences prychynenye someone lybo death ili ranenyya, head raymylytsyy nemedlenno sostavljaet at Volume protocol with circumstance affairs of presentation, with ukazanyem number ubytыh ili ranennыh and with oboznachenyem's personality. Oznachennыy protocol chief raymylytsyy nemedlenno preprovozhdaet uchastkovomu assistant Provincial Prosecutor and the cops ego - okruzhnoy police chief and predyspolkoma. "

According to the Law of Ukraine "On Police" (as amended) and the Charter of the patrol police service of Ukraine, on the application of physical restraint, special means and firearms police officer dimensional accordingly obliged to report to his immediate superior, and if injured or the death of a detainee or third parties as a result from their use, immediately report in writing to notify the prosecutor.

Citizens in the event of such effects must convenient way to immediately inform the police and the prosecutor.

Most of the regulations governing the use of force by police officers, officials, impose on them a duty to provide emergency first aid.

Unable to secure regulatory list of priority actions of a police officer after the use of force, but about them can be described as follows:

- Assess the situation (aborted attack or not, from what stopped the vehicle, or is affected by the use of force, etc.);

- Decide what to do with accessibility tools, firearms (keep in readiness or invest in a holster);

- Easy way (when possible, to invite outsiders, eyewitnesses, another police officer) inform the next regional law enforcement agencies;

- The need to take measures to provide emergency first aid, while respecting the measures of personal security, call ambulance care. When assisting a police officer may offer an offender or require him to lie on the ground, arms stretched out along the torso, to approach it from the head, if necessary, apply handcuffs or means binding and only then give first aid;

- Secure witnesses, witnesses (surname, name, patronymic, year of birth, place of residence, home and office phone numbers);

- To take measures to ensure the safety of the scene (cartridge cases found at the same places and not going!), His health, depending on the circumstances, you can reach the same witnesses, warning them before, organize restricting access, etc. );

- Depending on the circumstances, to take measures to arrest and, subsequently, bringing the offender to law enforcement agencies;

- Wait for the arrival to the scene investigative team

law enforcement agencies, guides police, prosecutors and report elder about the event that happened;

- Upon arrival to the internal affairs report writing head (in cases where a police officer uses or uses a weapon outside the territory serviced by this police, he reported to his immediate supervisor and the head of the body in the service of which it has been applied).

The report police officer points out: when, where and under what circumstances, relatively whom were used weapons, the consequences it led that support is provided to the victim, where the victim or vehicle of ammunition used, the presence of witnesses and their data, who passed weapons, the date of the report, signature).

3. Legal framework for the application of physical restraint, special means and firearms

Even in 1886 ordinary professor, Dr. Police Law in I. Tarasov wrote: "better OVERALL polytsyey considered a polytsyya not vooruzhennaya, but once she vooruzhena s holovы legs to not only holodnыm, but also ohnestrelnыm weapon, then upotreblenye in action weapons do this, dolzhna byt totchas same normyrovano law and after the law 1879 not not named law neskolko zapozdalыm, ymeya in mind, that Novoe auei arms given in 1859. "

Turning to history, it should be noted that even 10 October 1879 in the Russian Empire were fixed law rules on the use of weapons by police and gendarmerie ranks. According to these rules, they could use weapons in the following cases:

1) when they carried out an armed attack;

2) when done unarmed attack, but a group of people and another way to repel the attack was not;

3) to defend others from attack;

4) when detaining criminals when they oppose this violent action, or when it will be impossible to pursue or catch fleeing;

5) while escaping arestantiv when not catch them or when they resist violent actions.

After the October Revolution in Russia for some time in use Soviet militia there some other reason for the use of weapons. For example:

"The murder in the village. Cheberyakah we replied rasstrelom Trejo kulaks, pomohavshyh bandits: Voitenko, Ryaben'kii and Yantsulы. In addition, the Terror and for napadenyya in Perekopovskoy, Batsmanovskoy and Hlynskoy counties rasstrelyanы at night with 15 on 16 August 6 zalozhnykov of kontsentratsyonnoho Camp: Nosenko P. Yschenko Ivan, Sausage Oleksa (Batsmanovskoy counties) Skoromets Protas (Perekopovskoy parish) Volnyanskyy Paul (Hlynskoy counties) Telezhenko Simon (Andreevskoy Vol. Hadyachskoho Judetul). In kontsentratsyonnom camp sits else manifolds zalozhnykov.

Uezdnыy yspolkom prove to obscheho BACKGROUND, that every Saturday morning for murder Soviet employee, poor farmer, krasnoarmeytsa, kotoroe proyzoydet do this, after Announcements Messages yspolkom otvetyt rasstrelom ten zalozhnykov.

Or: "Ysklyuchytelnoe time ysklyuchytelnыh requires the mayor. For pyanstvo, selling wine, vodka - rasstrel ... This is a necessary, because it has no revolutionary order, I repeat, is unthinkable existence tverdoy Worker-Krestyanskoy power, "" All neyzvestnыe personality, pыtayuschyesya bezhat at zaderzhanyy's mylytsyoneramy, dolzhnы rasstrelyvatsya on the spot. "

Only December 13, 1923 order of the chief of police and wanted the announcement Instructions chief district officers (paragraph 16), the effect of which was distributed to all police officers, it was legal grounds the use of firearms. These reasons were:

"Head raymylytsyy at Follow Up sluzhebnыh duties mozhet upotrebyt arms in the next cases:

a) when vooruzhennom on him napadenyy ili at vooruzhennom resistance ego zakonnыm Requirements;

b) for reflection on him proyzvedennoho napadenyya, although i do not vooruzhennoho, but uhrozhayuscheho danger ego life, health, liberty ili sdelannoho with a view repelled preprovozhdaemыh arestantov ili otnyat nahodyascheesya with him to Delhi to sluzhbы used property, Money, paper lybo arms, when else a means of protection Perhaps there was no;

c) for the protection of persons from the second freeze napadenyya, uhrozhayuscheho opasnostyu's life, health and lychnoy immunity, if k prybehnut second protection funds not predstavlyaetsya not possible;

d) for prekraschenyya nasylstvennoho posyahatelstva on used property, if this is prekratyt posyahatelstvo second nelzya funds;

e) for zaderzhanyya crooks and poymky arestanta, deserter,

bezhavshyh pod of guard, when nastych and detain's nelzya Otherwise, kak putem Application weapons. "

June 8, 1973 the Presidium of the Supreme Soviet of the USSR "On the general rights and obligations of the Soviet militia to protect public order and combating crime" as a last resort police officers were given the right to use weapons in the following cases:

a) to protect civilians from attack that threatens their life or health if other ways and means they can not protect;

b) to repel attacks on particularly important or more important objects, and to repel the armed attack on the protected objects;

c) to repel an attack on a police officer when his life is threatened with imminent danger, as well as assaulting a police escort, if it can not be reflected in other measures;

g) to arrest a criminal who commits armed resistance or freeze in the commission of an especially dangerous crime or criminal (excluding women and minors) who tries to escape from custody when other ways and means to hold these criminals impossible.

Legal principles applying measures of physical effects, special means and firearms (hereinafter - the use of force) is legitimate and subordinate regulations governing grounds, procedures and actions of officials, law enforcement officials before, during and after the use of force.

First it should be noted that the range of topics in the use of force by the Law and regulations, not inconsistent with the Constitution of Ukraine.

Immediately the authority in the use of force by the Law of Ukraine:

- "On Police" on December 20, 1990 (as amended);

- "On State Protection of court staff and law enforcement agencies" on December 23, 1993 (as amended);

- "On the safety of persons involved in criminal proceedings" on December 23, 1993 (as amended);

- "On Operational Activities" dated February 17, 1992 (as amended);

- "About the army and internal security guards on March 26, 1992 (as amended);

- "On the State Tax Service of Ukraine" dated December 24,

1993 (as amended);

- "On the Security Service of Ukraine" dated 25 March 1992 (as amended);

- "On Entrepreneurship" on November 7, 1991 (as amended);

and other laws of Ukraine on the basis of resolutions of the Cabinet of Ministers of Ukraine. Some of these regulations:

- Resolution of the USSR Council of Ministers "On approval of the application of special means for the protection of public order in Ukraine" dated 27 February 1991 (as amended);

- "Regulations on Permit System" on October 12, 1992 (as amended);

- "Regulations on the sale, purchase, registration, accounting and use of special means of self defense, the charged substances irritating and tear" on September 7, 1993 (as amended);

- "Regulations on the use of firearms" dated October 12, 1992, and other government regulations.

A variety of regulatory framework could be decrees and orders of the President of Ukraine. For example, the Decree of the President of Ukraine dated 29 April 1995 "On establishing the award of the President of Ukraine" Individual Gun ", which approved the Regulations of this award.

By-laws for the regulation of relations in the use of force should include several orders of Internal Affairs of Ukraine, the requirements of which apply not only to employees of agencies and units of the Interior, and sometimes citizens, officials, institutions and organizations regardless of ownership.

For example, current law provides for the issuance of firearms use certain categories of persons (Decree of the President of Ukraine "On the establishment of Award of the President of Ukraine" Individual Gun, "Resolution of the Presidium of the Verkhovna Rada of Ukraine of 10 November 1994" On the security of people's deputies of Ukraine and some officials of the Verkhovna Rada of Ukraine "and others.).

One of the conditions for securing firearms at the above category of persons is required compiling standings with knowledge instructions on safety measures when handling firearms, approved by the Ministry of Ukraine of February 21, 1996 № 115 (as amended).

Order of the Ministry of Ukraine of October 18, 1993 № 643 approved the Regulations on the procedure for issuing licenses to entrepreneurs to manufacture, repair and sale of sporting or hunting firearms, manufacture and sale of special funds, charged substances tear and irritant, individual protection active Defense and vehicles for special operations and search operations, the creation and maintenance of shooting ranges, shooting, hunting stands and stamping, engraving workshop, manufacturing seals and stamps.

Acceptance of police officers, officials or citizens removed, voluntarily surrendered, found weapons and ammunition and its design is governed by the relevant Regulations, approved by the Ministry of Ukraine of 31 May 1993 № 314.

The order of production, purchase, storage, inventory, transportation and use of firearms, ammunition and explosive materials shall be in accordance with the instructions approved by the Ministry of Ukraine of August 21, 1998 № 622.

Consolidation of firearms by police officers carried out according to the order of the Ministry of Internal Affairs of Ukraine № 54/2001.

The actions of a police officer after the use of force determined by the Statute of the patrol police service of Ukraine (Order of July 28, 1994 № 404).

A number of orders and decisions of the Board of Internal Affairs of Ukraine require police compliance with safety measures when handling firearms.

Circumstances precluding the use of force

Circumstances precluding the use of force, there are three groups:

a) the categories of persons in respect of which is prohibited or restricted by law the use of force;

b) where is the prohibition of force;

c) other prohibition and restrictions on the use of force.

Consider the first group, ie categories of persons against whom applicable law and other regulations (Law of Ukraine "On Police", the Council of Ministers of Ukraine "On approval of rules for the use of special tools for the protection of public order in the Ukrainian SSR" (as amended) Cabinet of Ministers of Ukraine "On approval of provisions on the use of firearms") prohibited or restricted the use of force. These categories are:

- Women with obvious signs of pregnancy;

- Minor

- Disabled with obvious signs of disability;

- The elderly;

With regard to these categories of people power can be applied only in cases of their group (two or more persons) or an armed attack or armed resistance. The nature and types of weapons in most cases do not matter.

Elderly, disabled, young people can be both male and female.

If a police officer, official or citizen unnecessary additional inquiry to determine pronounced signs of pregnancy, disability, such concepts as "minor" and "elderly" requires further explanation.

The current legislation of Ukraine does not disclose the term "elderly person". Law of Ukraine dated 5 November 1992 "On pensions" (as amended) provides for the appointment of old age when men reach age 60, women - 55. For certain categories of workers from hazardous conditions (miners, workers of the chemical industry, steel, etc.). Pension appointment made much earlier. Soldiers, persons privates and officers of the Interior may be imposed in the presence of seniority pension 20 years, including at preferential rates, regardless of retirement age.

That is why a person would be a mistake to believe old one that has reached retirement age, ie pensioners. The authors' scientific and practical commentary to the Law of Ukraine "On militia" to include elderly persons police officer perceives as insolvent as a result of age-related changes endanger the life and health of citizens and police officers.

The law also clarifies that citizens must be considered minor. Given the processes that foster the development of youth, should be attributed to those who through a young age can not endanger the life or health of citizens or police officers. Most authors of scientific and practical commentaries to the old Criminal Code of Ukraine, 1960 (st.117) attributed to young persons who have not reached 14 years of age.

Women with obvious signs of pregnancy are those who may be visually recognized pregnancies.

As you know, in the absence of one eye in humans, it is disabled. But this is no guarantee that the relation of such person can not be applied force. Obvious signs of disability recognize such injury or congenital, due to which a person may not cause danger to the life or health of a police officer or other citizens.

According to the application of special means of self defense, the charged substances tear and irritant as defined by the Cabinet of Ministers of Ukraine dated September 7, 1993 (as amended) "On Approval of the sale, purchase, registration, accounting and use of special tools self defense, the charged substances tear and irritant "citizens katehohorychno forbidden to use special self-defense to law enforcement and environmental agencies in the discharge of their duties, as well as the use of other violent acts.

Prohibited use of force (the second group).

In accordance with the use of special tools for the protection of public order in the Ukrainian SSR, approved by the USSR Council of Ministers on February 27, 1991 (as amended), it is prohibited to use special tools:

- On buildings and on land that is reserved for diplomatic, consular and other representatives of foreign states, except when the head of the diplomatic or other appropriate head offices receive requests to use specified assets against offenders;

- In areas or occupations associated with manufacturing explosives or flammable substances in children's and medical institutions;

- Device type "Ёzh-M" for forced stopping of vehicles, including trucks, the transport of persons, vehicles belonging to diplomatic, consular and other representative offices of foreign states; motorcycles, sidecars, scooters, mopeds and mountain roads or parts ways with limited visibility, railroad crossings, bridges, underpasses, overpasses, in tunnels;

- Svitloshumovi means diverting action (svitloshumova grenade "Zarya" svitloshumovyy device "Flame") applied no closer than two meters from the man;

- Small-size explosive devices "Key", "Impulse" for opening premises occupied offenders where there are hostages;

- Aim by shooting the offender, and spreading vidstrilyuvannya grenades into the crowd, reapplying them within the zone of injury during the period of these substances;

- "Cheremukha-1", "Cheremukha-4", "Cheremukha-12", "Siren-3" and "cloud" are used only in open areas;

- Cartridges with a rubber bullet strike action impenetrable "Wave-P" vidstrilyuyutsya with a special rifle from a distance of more than 40 meters from the man, and only the lower legs.

The law prohibits use firearms with considerable gathering of people, if that might be affected outsiders.

The third group (other restrictions) primarily include the following:

- Special equipment issued to police officers only after taking each of these tests with the rules and procedures for their use;

- Decisions on the application of special means taking officer in charge of public order, or the head of a particular operation. The police, acting individually, such decisions are taken independently;

- Every police officer that uses special drugs or firearms, must have the skills to provide emergency first aid;

- Forbidden to strike a rubber baton on the head, neck, clavicular region, abdomen, genitals;

- The application of handcuffs should periodically (not less than 2 hours) verification of fixing locks;

- Used water cannons for dispersing participants of mass confusion at the air not below 0 ° C;

- The use of special tools, except for the need to repel sudden attacks on police officers and release the hostages, should be preceded by notice of intent to use.

Notification can be made voice, and at a considerable distance or appeal to a large group of people - through speaker devices, amplifiers languages, and in each case preferably native language of persons against whom these tools are used, and the Ukrainian and Russian languages ??at least 2 times provision of time sufficient to stop the offense.

Do not use firearms while trying to escape of a person serving a sentence for administrative violations.

4. The main approaches to protect the personal safety of law enforcement personnel

Ensuring the personal safety of employees while handling firearms is part of the operational performance. Scheduled firearms assigned to law enforcement officials who took an oath, completed the appropriate educational institution or had their basic training (retraining) and allowed for independent duty and made tests with knowledge of the material of the weapon order and rules of use, security measures at dealing with it, carried a practical exercise for the shooting and received certificates of competency in dealing with service weapons. During the service employees in the system service training apprentices and systematic validation of knowledge on security issues when dealing with service weapons.

Based upon the fact that the causes of accidents while performing their professional duties employees are mostly hazardous and dangerous profession of employees, the entire set of possible measures to ensure their personal safety can be roughly divided into two groups:

> measures aimed at reducing hazardous conditions;

> measures aimed at reducing unsafe acts.

According mechanism to prevent accidents is reduced in its general form to implement these two key areas. Let's examine them in more detail. But first, in my opinion, you should make a few remarks on the concept of "personal security." Traditionally, it is identified with the term "physical safety of the individual." From the point of view of a narrow approach to this concept is not unobjectionable. However, in this case, more productive, from our point of view, is to use the concept of "personal security" in its broader sense, is the notion that, along with physical security includes a number of other components (such as organizational security, social security and others who are in close interdependence between them) [3].

It is difficult to completely eliminate the danger factor out of law enforcement, given its focus on the fight against crime and law enforcement. That's why we should go mainly to minimize this factor and its possible negative impacts and consequences. This applies to both external and internal level of risk, which is subject to law enforcement. Refers to the first-for-all deficiencies in the management and organization including HR and in this context should not talk about minimizing and the complete elimination of hazards, which is quite possible [2,3].

In my opinion, reduce or if possible eliminate hazardous conditions professional law enforcement officers in carrying out special operations involves an analysis of the environment in which this activity occurs and the diagnosis of internal problems related and human resources. Analysis of the external environment aimed at controlling external in relation to law enforcement factors to determine their capabilities and potential hazards. External environment is measured by three parameters: definitions and accounting changes that affect or may affect the activities of their status in society, health workers, assessment of the factors that have significant opportunities to achieve tasks law enforcement and identification and thorough analysis of the factors that pose a threat, a potential risk. These results make it possible to respond to these or other factors make the necessary adjustments in the organization of the special operations by law enforcement agencies to develop and implement measures to prevent danger, threat, ix reduce the impact and implications for the organization as a whole and for each employee [3, 7].

It is known that when the danger can not be eliminated, it is necessary to do anything to or from it zahystysya protect. In connection with this, the creation of a reliable system of professional security police orhanыv that can be considered as one of the ways to minimize hazardous conditions of their professional activities. This is a complex activity that involves many issues related to providing professional security staff This includes issues of economic, social, legal, psychological, logistical, physical protection of employees and others.

Each of these or other areas, abo given list is not exhaustive, has its own meaning and mechanism for implementation. Thus, economic security involves matching material support workers their objective material and other needs; legal protection - compliance with legal and regulatory law enforcement provisions and objectives of this activity, social protection - compliance with the social status of law enforcement importance of public tasks they do so.

The problem of life safety of law enforcement officers in carrying out special operations includes not only its own employees but also their families. According to them, directly or indirectly distributed system and professional protection. In cases of emergency involving the loss of law enforcement officers, their families become targets of this system.

Distinctive and sometimes crucial for creating an enabling environment professional law enforcement has the formation of high culture of the organization and its image.

5. Cultural and moral and ethical features protect the personal safety of law enforcement personnel

Professional aspects of the work culture of law enforcement - the basis of protecting the public. Collection service and professional and ethical qualities, adequate requirements for law enforcement work culture is all organs. The ability of a body of knowledge and skills is what is called skill.

Objective factors attitude to work: functional content of labor, complex system conditions (from the psychological climate in the team to the level of labor organization and its logistics).

Subjective factors attitude to work: breadth, volume, depth mastery of his profession, level of skill and safety.

Consider cultural, moral and ethical features personal safety of law enforcement officers as an example of the tax police. [8]

Essence qualities work culture specialist tax police, morality and culture communication of tax militia - an essential condition to ensure their personal safety.

Moral culture - a system of ethical knowledge and belief, the moral feelings, communication skills and the ability to regulate behavior by moral norms. Moral culture is not determined by how much a person knows about the problems of ethics and etiquette, and even as practically implemented this knowledge, the extent to which its moral behavior as its cultural communication. Specificity of detection of various functions of morality in preparing professionals tax police. Key features of morality in society: regulatory, educational (humanistic), regulation-controlling. Flow Chart of morality: moral awareness, moral relationships and moral activity. Moral consciousness: emotions, feelings, ideas, attitudes, beliefs, and knowledge. Ethical attitudes: evaluation, self-esteem, focus, setting. Moral activity: selection, misconduct, compromise, conflict. Components of communication culture: general, special, solitary. General - unity of purpose. Smart - the uniqueness of the historical and cultural development, especially the mental part of the nation, the tradition of the people is manifested in specific customs, rituals, norms of behavior and communication, uniform rules and wearing it, the general and specific safety rules. Single: unique personality traits that are inherent in every person. Summary of tax militia communication: communication in the unit to communicate with outsiders. External and internal communication culture. Ethical Security - an action or inaction of a temporary identity for security from attacks on honor and dignity. Specificity of ethical security - a person always on time feels conscious moral and psychological damage that it inflicted. Key features of ethical protection: preserving their honor, pride, dignity, adjusting communication culture, language, behavior, permanent or temporary preservation of the dignity of the object that raised ethical behavior. Culture behavior, clothing and leisure time - factors that increase the safety of the tax police. [8]

The main types of etiquette: general public, diplomatic, professional, family and household. Areas etiquette of tax militia relations in professional activities, training and operational activity, domestic relations. Groups motives that guide human behavior in all cases of life:

1. The motives are based on kindness and respect for all people and colleagues.

2. Motives, which reflected the imagination of the beauty of human behavior.

3. The motives are based on hygiene and organizational and technical requirements.

1. The motives are based on kindness and respect for all people and their colleagues. Communication and behavior in this case characterized by sensitivity, conscientiousness, responsibility. This is manifested in the external forms of communication and behavior. The opposite motives is considered arrogance, attempts to put themselves above others. This explains the indifference, callousness towards other people, their joys and sorrows.

2. Motives, which reflected the imagination of the beauty of human behavior. These motifs are implemented in the appearance of a law enforcement officer, his smartness, cleanliness, affection, occasions, and other qualities. This shows how important is the unity of the internal and external culture in the behavior of officers of law enforcement. External expressive side should adequately reflect the high professional, moral and aesthetic qualities and attitudes tax police officer new type that meet modern requirements [8,12].

3. The motives are based on hygiene and organizational and technical requirements. They are implemented in the rules and norms of behavior that sklalysyaprotyahom long, thoughtful and reasonable.

Culture uniforms and police protection is one of the important elements of their security. On how well it combines utilitarian and aesthetic elements, how well it meets its functional purpose, depends on the mood of the personnel, the process of professional, operational performance and training, and thus readiness at any moment to perform tasks. Culture uniforms and protection of tax militia is directly dependent on how well it meets professional and hygienic requirements. The most significant of these, in my opinion, are:

1. Ability clothes (Outfit: personal protection armored shields means of active defense, means of special operations) to protect personnel from combat damage and other means of object (shrapnel, bullets, fire, knife (bahnetnyh) injections, ionizing radiation, lightemitting etc.).

2. Clothing should not hamper action as in everyday professional, operational performance and combat (training) activities, as well as the performance of the tasks. Clothing (outfit) should be easy and convenient, well-suited to accommodate professional (military) equipment, promote security and constant combat readiness of personnel [8].

3. Clothing officers and privates in the assigned tasks (performance and professional fighting) should not have sharp differences. Failure to always lead and, no doubt, will lead to significant loss of officers, because it is clear attempts facility primarily incapacitate or kill officers.

4. Ability clothes and shoes to protect the human body from cold, heat, wind, rain, and from contamination and mechanical damage. Clothes should take into account the peculiarities of climate, season, specific performance of the officers and privates.

6. Relative affordability and ease of maintenance of uniforms and shoes in good condition, clean and tidy. Man in shape to feel confident, comfortable and safe [8].

Thus, in the exercise of official activity, law enforcement officials must follow cultural and moral and ethical aspects, ensuring proper attitudes towards their profession.



Conclusions

Pravohoronni bodies are special government employees are at risk when performing service tasks.

To ensure the safety of law enforcement officers in carrying out special operations to consider all hazards. Since, in practice there are accidents with law enforcement officials in their official tasks and observance of the rules will minimize the hazards.

In our country there are devices that reduce the risk of employees of special forces. But still there are accidents, the main reason is the negligence of both employees and management and low financial support. After all, not every police department in carrying out special operations possess such devices.

In carrying out special operations, law enforcement officials must comply with the cultural and moral and ethical aspects, ensuring proper attitudes towards their profession and support.

The main reasons that lead to serious consequences, include such as:

- Lack of time for a decision on the use of special tools, firearms;

- Uniqueness of the situation that has arisen;

- Low level of training of some police officers;

- Fuzzy knowledge of the legal basis for the use of special means and firearms;

- Psychological unpreparedness of individual police officers to deal with the offender face-to-face;

- No special means and firearms;

- Samonadiyanist, negligence, etc..

Law of Ukraine "On Militia" does not define: at circumstance applies one or another kind of special vehicle when a police officer makes its own decision on the use of physical force, weapons, special equipment, and when this decision is made by senior attire, officer, director special operations, about which categories of persons (mental condition, age, physical benefits ...). So this uncertainty, as the practice often leads to violations of the law, as a police officer during duty decides, as it is written in the law, a special type of vehicle, time of onset, the intensity of its use (perhaps mistakenly) as well as public danger the offender. The election of a certain kind of special administrative means stopping the implementation of special operations should depend on the degree of public danger of wrongful deeds. The higher the level, the more severe impact on the offender.

As a result, it should be noted that the existing contradictions in the formulation of legislative legal grounds the use of firearms is certainly complicates their understanding and interpretation of how law enforcement officials faced a dilemma - use weapons or abstain from it, and supervisory and investigative and judicial authorities. Need more efforts theorists, practitioners, legislators to solve the existing problems, in particular through the adoption of the Law "On Weapons", to improve the current administrative and criminal law governing the use of firearms - an effective tool to combat crime.