Use of physical force and firearms by police officers.
Use of physical force and firearms by police officers
The Law on Police stipulates the use of weapons and special means in the fifth chapter, which is called Use of physical force, special means and firearms1. In order for the police to perform their duties, a police officer on the territory of the Russian Federation, regardless of the position they hold, location and time, has the right to use physical force, special means and firearms personally or as part of a unit (group) in the cases and in the manner stipulated by this Federal Law. 3. A police officer must undergo special training at least once a year, as well as a test for professional suitability for actions in conditions involving the use of physical force, special means and firearms. 4. A police officer who has received the appropriate clearance has the right to use light and sound means of distraction and means of destroying obstacles. 5. The content of special training programs is determined by the federal executive body in the sphere of internal affairs. 6. A police officer who has not passed the test for professional suitability for actions in conditions involving the use of physical force, special means and firearms, is certified for compliance with the position held. Until a decision is made on the suitability of the position held, the police officer is suspended from performing duties related to the possibility of using physical force, special means and firearms.
If we turn to the Law on the Police, we will not see significant discrepancies, although the police are given slightly more rights to use physical force and weapons. So, The use of weapons and special means by police officers is regulated in Section Four of the Law as follows:
The use of physical force by police officers
may only be permitted after undergoing special training, as well as periodic testing for suitability for action in conditions involving the use of physical force, special means and firearms.
Use of physical force and weapons by police officersmay be carried out after warning of the intention to use them, while providing sufficient time to comply with the police officer's demands, except in cases where delay in the use of physical force, special means or firearms creates an immediate danger to the life and health of citizens and police officers, may entail other serious consequences, or when such a warning is inappropriate or impossible in the current situation;
strive, depending on the nature and degree of danger of the offense and the persons who committed it, and the strength of the counteraction provided, to ensure that any damage caused in this case is minimal; ensure that persons who have received bodily injuries are provided with first aid and that their relatives are notified as soon as possible; notify the prosecutor of all cases of death or injury.
The use of physical force, special means and firearms in excess of authority entails liability established by law.
The procedure for the use of physical force, special means and firearms by a police officer:
- Before using physical force, special means or firearms, a police officer is obliged to warn of the intention to use them, giving the persons against whom physical force, special means or firearms are supposed to be used the opportunity to comply with the lawful demands of the police officer and time to comply with them.
- A police officer has the right not to warn of the intention to use physical force, special means or firearms when the actions of the persons against whom they are supposed to be used create an immediate threat to the life and health of citizens or the police officer, or when they may entail other serious consequences, or when such a warning is inappropriate or impossible. This clause differs from the previous law. However, the procedure for the use of physical force by a police officer stipulates specific conditions, this is done in the following clause:
- When using physical force, special means or firearms, a police officer must act depending on the current situation, taking into account the nature and degree of danger of the crime or administrative offense and the strength of the resistance provided. When using physical force, special means or firearms, a police officer must strive, based on the circumstances, to minimize any damage.
- A police officer must provide first aid to a citizen who has received bodily injuries as a result of the use of physical force, special means or firearms, and also take measures to provide him with medical assistance as soon as possible.
- A police officer must report cases of the use of physical force, as a result of which physical or material damage was caused to a citizen or material damage to the organization, as well as all cases where special means or firearms were used to the immediate superior and submit a corresponding report within 24 hours from the moment of use.