The guarantees of personal safety employees at the tax police use of firearms

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Plan

Entry

Section 1. Guarantee the personal safety of employees at the tax police use of firearms by the Law of Ukraine "On Militia"

Section 2. Guarantee the personal safety of employees at the tax police firearms secured in subordinate normative - legal acts

Conclusion

Reference



Entry

Development of Ukraine as a legal democratic state on the basis of ensuring and strengthening law and order, human rights and freedoms provided by the Constitution and the law, largely depends on the work of the police as an armed state government body that protects the life, health, rights and freedoms of citizens and others from unlawful acts. Terms functioning of internal affairs in recent years greatly complicated the dynamics and structure of crime has changed. The total number of criminal situations, the emergence of new types of crime, offenses by organized groups complicate criminogenic activities of law enforcement officers.

Of particular urgency is the issue related to the protection of life and health of the workers themselves tax police against crime, who are constantly exposed to several hazards. The above reasons may be caused by non-compliance with measures of personal security, ignorance operational features of the situation and fight it, unprepared to take measures on the use of firearms.

The aim is to build on the analysis of security when handling firearms identify gaps in legal regulation to guarantee safety when handling firearms.

This issue is explored: MI Anufrieva, A. Bandurka, A. Bass, DC Immortal VS Venediktova, Y. Dubko, MI Inshyna, RA Kalyuzhny, S. Kivalov, AT Komzyuka, Ya.Yu. Kondratyev, YF Kravchenko, MV Kornienko, S. Kuznichenko, VG Lukashevich, NP Concert series, OI Ostapenko, V. Pyetkova, S. Pyetkova, GA Ponomarenko, O. Ryabchenko, AU Sinyavsky VK Shkarupa, ON Yarmysh etc. overseas - Vaclav K., M. Zheyvotsa, R. Kalesnikasa, A. Meykalishi, AM Matveyevsa, AP Nazaretian, Risto P., F. Fluri and others.

The results can be used during the round table discussions, conferences, lectures on "Personal safety of the tax police"



Section 1. Guarantee the personal safety of employees at the tax police use of firearms by the Law of Ukraine "On Militia"

A policeman under Article 15 'of the Law of Ukraine "On Police", may expose the firearm 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.

The new article to the law "On Police" shows the trend of strengthening legal protection of police officers from the state.

Part 1 of this article allows the police officer be ready to stop criminal actions when the situation that has developed, indicates that there may be circumstances for use of firearms.

Bringing firearms in readiness - a sequential implementation of complex steps, which can fire without interference.

Exposure weapon - a weapon that provision when it is in the hand of a police officer and saw her around.

Bringing firearms in readiness is a warning about the use of weapons.

Offender - a person who has been convicted of a crime.

Offender - a person who has committed an offense.

A person may suspected of a crime on the basis of reliable data. These circumstances are recognized when:

- The person was caught committing a crime or immediately after its commission;

- Witnesses, including victims, testify that this person committed a crime;

- In the presence of other data on the guilt of a crime is admissible bare arms and bring it in readiness when the person being detained, trying to escape.

Detention of offenders, criminals, persons suspected of committing a crime could escalate into open conflict, which a police officer must be prepared (for example, in cases of verification of documents, which are characterized by uncertainty). Once a police officer shave weapons, he must control the situation, avoid exercise attempts to acquire weapons.

Part 2 tbsp. 15 authorizes police officers to establish so-called "security zone" that keep the person whom may have reason to use weapons at some distance to the period of detention, inspection of documents and delivery of a person who is detained in the police division. This is due to the fact that the presence of a police officer at a small distance can not guarantee their personal safety in the event of a rapid assault offender.

The law does not state how far the police officer must hold the offender. Analysis of situations apprehension of offenders suggests that the need to keep the person who lingers at a distance of 5-7 meters (distance should be greater than the one from which you can launch an attack). In the limited space police officer should monitor the situation through physical control or special tools because nude firearm at short distance can be removed using techniques offender.

Trying to persons detained by a police officer with a naked gun, closer to him, while reducing the distance specified by him or touch weapons gives police officers the right to use firearms.

To ensure that in these cases the use of weapons was lawful, the person detained shall see or know (to prevent an employee or other sources), which is delayed by a police officer threatened use of weapons. The officers that the person detained, remained in place and not approaching, while reducing the specified distance by a police officer should be clear, clear, clear the person lingers. This person is warned that in case of non-compliance will be applied against her firearm.

Approaching the person who lingers to a police officer after warning can not be regarded as an attack, dangerous to life and health of a police officer. This can be confusing and person who delayed because the law takes all the risk irreparable consequences for the person.

The use of firearms is regulated by Articles 15, 15-1 of the Law "On Police" (hereinafter - the Law). Behind him the police officer shall observe the rights to use weapons, do it right and apply its rules in certain situations. It is in these three forms, as noted M.Orzih, implemented objective law. The subject is the same of the police and the law requires it follow the law allowed.

The responsible thing for the worker is the norms of Articles 15, 151 law, when, in fact, is the transformation of abstract content to a specific level, the implementation of the order, which is incorporated in the law. But the right requires personal involvement, direct and immediate execution by simple (elementary) actions. The latter should be active, have an appropriate order (sequence). Failure to comply with the established order of execution (shot with firearms) leads to a violation of law, to the wasteful use of law and, as a consequence - to violence or brutality in law enforcement.

When using firearms police officer commits a series of actions jurisdictional, organizational, managerial, publicly-powerful, executive, administrative and other measures. This indicates that the use of such weapons is an important form of legal regulations and the form management.

Important for the implementation of this law have departmental rules. Thus, in the internal affairs of them are, for example, orders MIA of Ukraine "On Approval of the Regulations on safety measures when handling firearms," ??"On the approval rate of firing of small arms for the soldiers and officers of internal affairs of Ukraine." These and other departmental regulations have an impact on regulation performance.

Along with the laws and departmental documents are called derivatives rules of law rules of the law, their legal responsibilities, powers and means to support them. Derivatives rules adopted with the normal (basic), but some articles are devoted to subjects of law. These rules can be separately isolate the articles 15, 15 of the Law. In particular, we are talking about the actions of a police officer in self-defense, when detaining the offender, at the extreme need more.

The challenge is to apply the method to use the militia is derived rules applying attendance firearms. It's about this behavior when using weapons would be lawful and legitimate.

Professional conduct of the named weapon closely associated with impulsive and strong-willed behavior of the police. If the first case observed relatively low degree of conscious control, the second is associated with anticipation effects, sense of purpose, management, activities. That is, it is a transition state, from motivation, intention to act - to act. Therefore, strong-willed and impulsive policing such workers should always be regulated legal control over the implementation of regulations concerning firearms.

So, in terms of weapons to criminals need individual legal regulation of police officers. But derivatives legal rules - general requirements for the subjects of law. They only give rise to personality in his field, and, of course, not limited to law enforcement. That is why a detailed theoretical justification proper use of weapons, as described on the specification right. A final result is both a new rule of conduct, which also has a regulating effect on social relations. Such new rules are set, in each case - his own. Hence the need for a generalized rule. In my view, such a rule is universal firearms lawyer culture, including a police officer (hereinafter - Fire culture).

What is meant by firearms culture? In my opinion, this degree of involuntary legal procedure with a high knowledge of the tactical and technical characteristics of the firearm and sighting sniper shooting in the legal regulation of socially dangerous situations to an end illegal acts and provide opportunities to bring to justice the courts and reduce the risk of harm to legitimate health 'th and life.

Note that this procedure is necessary for the right because it is a difficult task. Although the procedure is an attribute of any social regulation, but in the legal system, particularly in the use of firearms, it is of great importance: it refers to the life or death of a man about his health.

You can even say that the called procedure is a medium order of law on weapons, it is regulated by the Law and the above orders of Internal Affairs of Ukraine and aimed at establishing order (as the ultimate goal).

In legal literature, legal procedure is commonly understood in the forms: physical, procedural and pravotvorchiy8. For firearms culture is characterized material legal proceedings. It applies to persons of a police officer, his lawful behavior on the use of weapons. It is, in fact, the order of his right to use service weapon, which is fixed in the procedural and legal norms. In this case, they most fully reflected in the above orders of the Ministry of Internal Affairs of Ukraine, which are closely related to issues of regulation of behavior entity.

Legal procedure as an important element of fire culture is unthinkable without the specific mechanism of action of law which, in my opinion, is characterized by three factors: the spiritual, psychological and physical. It is in this case - the phenomenon of forced, as in any subculture. But firearms culture vymushenist has the highest degree, since the use of weapons to the offender is an extreme measure.

Gunfire is also characterized by a thorough knowledge of tactical and technical characteristics and sighting sniper fire. Although this question is very technical, but it has the right value. You can not talk about the high level security officer MP who only theoretically familiar with the service weapon. Knowledge of the material part assigned to him weapons and skills aiming to fire on targets education - a necessary condition for the formation of such a culture.

Firearms are lethal agent and a police officer must know the work of all the components and mechanisms not only fixed service weapon, but also all its types that are in service in law enforcement agencies. In addition, the ability to prepare for firing weapons, knowledge sighting remoteness, remoteness bullet (with storage of deadly force), remoteness direct shot and, in general, information about ballistics as the science of motion (trajectory) while firing bullets should be a requirement to each employee. Depends on the quality of sight and so-called sniper shooting. Precision shooting is necessary because the combat is at long distance and need to impress not only the man, but perhaps (more likely), the means by which it commits criminal acts. The high firearms ownership culture requires different methods of aimed fire and from different positions, as well as compliance to disguise criminal and compliance positions expectations.

Clearly, firearms requires proper handling of it. This applies both to its storage, detention, and operation, compliance with safety and more. Such requirements are cultural and legal benchmark for their own safety, and legality surrounding the application. After operation weapons technically unfit condition causes prosecution of a police officer. The same applies to any "jokes" with weapons or neglect to store it.

The literature on this issue in the discussion to prevent the offender about the possibility of him weapons. Based on the cultural conception of law, with its spirituality and morality, such a warning should occur. Seeing the serious, socially dangerous intentions of the offender, a police officer in accordance with the principle of firearms culture should inform her position to use legal claims to it. Depending on the response to this message depend on further action entity. However, a warning about the possibility of weapons should still exercise and try to make this a positive effect on the offender. Of course, there are situations where it is impossible to implement due to certain reasons: speed deployment events backlash offender, which would cause new harm others. Therefore, the lack of warning should have good reasons.

Gunfire almost always leads to injury and threat to the life of the offender. It is both physical and mental and moral dimensions. However, firearms culture should prevent this possible maximize efficiency. Therefore police officers permitted to aim and shoot the lifeless important organs in the human body. Minor wound compel the offender to stop their antisocial acts and facilitate his arrest. But in desperate situations, where the offender takes nayzhors-tokishyh measures law to make a shot in the vitals. Clearly, in both cases, the duty of a police officer is to provide necessary medical aid to the victim.

Reducing the risk of legitimate injury resulting from its own decision of a police officer. Note that an employee with high culture firearms will not use weapons when there are doubts. That doubt should be on the side of the offender in his favor because the entity hesitant to take another welcome an end offense and arrest the perpetrator.

Determination, courage, courage does not mean indifference to their lives and health. The fact that the law does not force a police officer to risk themselves (in this state is not interested). Only by organizing complex secure cover should engage in fire-fights. However, to achieve a positive effect in this most likely be when possess firearms culture.

Section 2. Guarantee the personal safety of employees at the tax police firearms secured in subordinate normative - legal acts

Precautions when handling Scheduled firearms of policemen regulated by Order of MIA of Ukraine № 1444 from 25.11.2003 year. Ensuring the personal safety of employees while handling firearms is part of the operational activities of the police. Scheduled firearms assigned to police officers who took the oath, completed educational establishments of Ukraine 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 application events safety when handling it, completed practical exercises for the shooting and received certificates of competency in dealing with service weapons. During military service law enforcement officers in the system service training apprentices and systematic validation of knowledge on security issues when dealing with service weapons.

In persons who, during the tests showed awareness of safety measures when dealing with Scheduled firearms, rules of procedure and its application below "excellent" and showed no positive knowledge of the material of firearms and did not fulfill the standards or practical exercise, certificates of competency Scheduled in handling firearms, card-substituent, weapons, equipment and supplies to it are removed. During the week of the employee conducted additional training and re-check test. Depending on the results it receives a certificate and secured weapons.

Law enforcement officers, are responsible for attendance firearm, shall:

- Secure storage of weapons and to maintain it in good condition.

- Accurately carry out these Regulations established safety rules when handling Scheduled firearms.

- Having Scheduled firearms, check if it is charged, see it in assembled condition and cartridges. Assume weapons charged until it is checked and discharged.

- Rozryadyvshy firearms, treat it as a charged.

- During the execution of duties, training firing pistol competition wear in a holster on the belt to be securely buttoned.

- Let service weapon to another part of the body (unit) Interior immediately after the performance. If you can not arrive on time to the body (unit) Interior notify the immediate supervisor and then act according to his instructions.

It is strictly forbidden:

- When handling a firearm barrel weapons arbitrarily directed toward people, transport, buildings, other buildings and structures. If necessary firearm should be directed to the surface, which can take a ball, for example, land, tree trunk, kuleulovlyuvach or upwards at an angle of 45-60 degrees.

- Leaving the gun unattended, wherever it is, and pass it on to others.

- Use no need strange weapons and weapons handling skills which are not available.

- Digging the firearm from the holster unnecessarily.

- Keep your finger on the trigger unnecessarily.

- To remove the fuse from the "prevention" in all cases not related to the shooting.

- Conduct cleaning firearms in inappropriate places.

- Closing a plug or foreign objects bore that the shot can lead to blow-up or break.

- Conduct cleaning weapons gasoline and other flammable substances, and abrasive materials, smoking anything during her cleaning.

- When handling cartridges to prevent damage, protect them from impact, moisture, pollution, etc..

Precautions when handling firearms during trainings and sport shooting.

Safety during firing provided clear organization, unconditional compliance and Course firings and established security measures, high discipline as Privates and officers. Those who have not learned the safety measures to ensure the wires and firing are not allowed.

Permission to open fire gives head firings. Keep the fire in the dash (for shooting) is permitted only after the signal "Fire." Shooting stops by the command "Lights!" or "Stop! Cease fire." Between teams "Lights!" to the command "Fire!" anyone forbidden to be on the turn to fire, approach and touch the weapons and ammunition there.

Keeping the fire should be immediately stopped shooting each independently or in a team leader in shooting cases:

- The emergence of humans, machines, animals in the zone of fire, nyzkolitayuchyh planes, helicopters and other flying objects over the area of ??the shooting.

- Raising the white flag (at night - turning light lamp white) at the command post.

- The emergence of fire shooting.

- Disorientation during night firing.

It is strictly forbidden:

- Digging the weapon from the holster without firing head.

- Direct weapon (whether loaded or not) toward people and places where they could be.

- Charge weapon fighting or blanks without a team manager firings.

- Open and fire: without firing a team leader in hazardous areas with faulty weapons and when to raise the white flag (at night - turning light lamp white) at the command post.

- Leaving weapons at the turn of the discovery of fire.

Thus, the task of the tax police to guarantee security when handling firearms compliance with clear instructions are required by law and have the skills to use it.



Conclusion

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..

In order to prevent violations of safety when handling firearms and established law grounds for the application of physical restraint, special means and firearms by law enforcement officials as well as citizens of the manual includes instructions on safety measures when handling firearms, considered Questions and presented introductory task to test the knowledge requirements of this Instruction police officers, cadets educational establishments of Ukraine. And the knowledge of legal principles to fight - introductory tasks and excerpts from the Criminal Code of Ukraine (the Criminal Code of Ukraine) and the Code of Ukraine on Administrative Offences.

firearm police legal safety



Reference

1. Garkusha VS Korneyeyev Y., Shamray VA, Personal safety of the State Tax Service of Ukraine. - Kyiv - 2005., P.190 - 193

2. N and O in C O in VV ChystokletovL. G., Zrybnyev MA, MM Alembets The use of firearms by police officers. Specification languages, important among. - Lions, 1998. - S. 12-26.

3. Protasov VN Legal procedure. - M., 1991. - C. 6.

4. Shmelev GG Konkretyzatsyya yurydycheskyh norms in legal regulation. - Lvov, 1986. - S. 18.

5. Fatkulyn FP Problems of the theory of State and Law. - Kazan, 1987. - S. 133.

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