Police Law 20. Delivery of the perpetrator to the official premises

Law of the Russian Federation “On Police”- N 3-FZ - focused on creating correct relationships between society and such security forces like the police. States that this body is intended to protect the life, health, rights and freedoms of citizens of our country, as well as foreigners and stateless persons. Installs legal status police and law, as well as the duties of its employees, boundaries, the need and procedure for the use of firearms, the use of special devices and physical force. Adjusts police activities taking into account modern requirements society.

Regulates coercive measures and the procedure for their application.

Law of the Russian Federation “On Police”– regulates the organization of the police in our state, official duties, rights, rules of admission and dismissal, legal and social guarantees.

protection of police officers. Approves the system of this structure, describes the hierarchy of official subordination within its framework. Indicates guarantees of legality and ensuring the rights of citizens in the activities of the police, as well as situations when police officers are allowed to use special means, firearms and physical strength.

Minimum pension in Bashkortostan based on length of service

Chartered Law "On modular pensions in Russian Acupuncture", N Federal Law | Article Corporate hydrazine under Article 13 of November on Pensions in the Russian Federation. Federal Air "On predictable pensions in the Lower Federation", N Federal Law | Art. Invincible practice on the road on October 13 about Pensions in the Russian Federation.

Federal thermostat dated December 3, N Federal Law at low 13 in English Changes have been made that will enter into the matrix on January 1.

Article 18 of the Federal Law on Police

13 of the Law “On Police”.

In addition, the activities of police officers are regulated by Federal Law No. 144-FZ of August 12, 1995 “On Operational Investigative Activities” (hereinafter referred to as the Law “On Operational Investigative Activities”).

2. Decisions on conducting a counter-terrorism operation and on its termination are made by the head of the federal agency executive power in the field of security, or at his direction, another official of the federal executive body in the field of security, or the head territorial body federal executive body in the field of security, unless the head of the federal executive body in the field of security makes a different decision.

Restrictions, responsibilities and prohibitions associated with police service

4) refusal to undergo the procedure for obtaining access to information constituting state and other secrets protected by law, if fulfillment official duties for the position being filled in the police is associated with the use of such information;

6) close relationship or relationship (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with a police officer, if the position is related to the direct subordination or control of one of them to the other;

2. A police officer is subject to the restrictions, prohibitions and obligations established by the Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” and Articles 17, 18 and 20 of the Federal Law of July 27, 2004 N 79-FZ “On State civil service Russian Federation", with the exception of restrictions, prohibitions and obligations that prevent a police officer from carrying out operational investigative activities. Such restrictions, prohibitions and obligations, as well as police officers to whom they do not apply, in each special case are determined in the manner established by the federal executive body in the field of internal affairs.

Ask a question to the duty lawyer

There are no laws that you can’t chase motorcyclists without a helmet, I don’t know where this myth comes from, another thing is that you can’t take anything from a scooter, they have no right to confiscate, there are no rights Law on the Police: “1.

A police officer has the right to...

I wonder where you read that traffic police can only measure tinting at a traffic police post?

such a document does not exist in nature; any traffic police officer, if equipped with a device, has the right to take measurements at the place where T.S. was detained.

Chapter 3 Responsibilities and rights of the police

Chapter 4 Police use individual measures state coercion

Chapter 5 Use of physical force, special means and firearms

Chapter 6 Legal status police officer

Chapter 7 Police service

Chapter 8 Guarantees social protection police officer

Chapter 9 Financial and logistical support for police activities

Chapter 10 Control and supervision of police activities

Chapter 11 Final Provisions

Brief background to the law

The Federal Law on Police replaced the previously existing Law of the RSFSR of April 18, 1991 No. 1026-I “On the Police”. Before this, there were active debates in society and in government about the need for reform in law enforcement agencies. As a result, supporters of reform won, which became a new benchmark in the history of this state structure.

The renaming of “militia” to “police” was accompanied by the recertification of all employees of the Ministry of Internal Affairs. Persons who refused to undergo recertification or failed to pass the exams were dismissed from service. As a result, after extensive discussions in the State Duma and society, it was adopted new law endowment act taking into account public opinion, provisions current law and expert assessments.

Legal essence of the law

The Federal Police Act regulates the activities law enforcement, including basic provisions on the work and control over the activities of police officers. This document also defines the main functions, goals and objectives of law enforcement agencies. The principle of this law is based on the provisions of the Constitution of the Russian Federation and other legislative acts relating to the rights of citizens. The police are identified as the main federal body executive branch, performing protective functions in the field of internal government affairs.

Basic provisions of the Police Law

The adopted new law included detailed descriptions principles of work of law enforcement officers. At the same time, this legislative act regulates the following aspects:

• main purpose, goals, objectives and powers;
• basic areas of police activity;
• organizational principles of operation of this system;
• duties and rights of police officers;
• listing of coercive measures;
• the possibility and procedure for using special means and physical force;
• social and legal protection police officers;
• organization and sources of financial and logistical support for law enforcement agencies

The main principles of work are respect for the rule of law and the rights of citizens, complemented by objectivity and openness. A separate chapter highlights control over the police, including judicial, prosecutorial and public supervision.

New Federal Law on Police 2018 – planned changes

Listed in State Duma The bill on the need to amend the current Federal Law on the Police caused a great resonance in society. This document proposed to significantly expand the powers of police officers in the following areas:

• inspection of personal belongings and vehicles;
• conducting searches;
• use of weapons;
• receiving a presumption of trust from society

If the changes outlined in the new law are adopted, the rights of ordinary citizens may suffer, and the police themselves may receive broad powers to use special means and physical force. Therefore, according to human rights activists, such provisions will be a sign of departure legislative system from the principles of the rule of law.

Conclusion

Today current law about the police, as amended, fully fulfills its main functions, which can be listed as follows:

• protection of law and order, interests of citizens, public organizations and society as a whole;
• application of coercive measures within the framework of current legislation;
• interaction with government and public structures for the purpose of solving and preventing crimes;

IN currently Most experts are confident that this edition contains at this stage this legislative act fully meets the requirements of the time. The Federal Law on Police, as amended, is not a final document and will be further developed taking into account the interests of society and the situation in the country.

Police Act 2018

The use of physical force by police officers is the actions of employees, not accompanied by special means, aimed at individuals or property. They consist in violating the inviolability of subjects, limiting their freedom of movement or disposal of objects. Such actions are taken to stop illegal behavior or inaction of these persons, as well as to enforce execution legal requirements employees. Next, we will consider the procedure for the use of physical force by police officers.

General information

The use of physical force by police officers constitutes a specific coercive influence. It is based on the use of the muscular individual capabilities of employees. In this case, the police officer comes into direct physical contact with the target of this influence. It can be a person, an object, an animal, a mechanism, etc.

The use of physical force by a police officer may be accompanied by harm to health, pain, death, damage or destruction of property, and temporary seizure of objects.

Normative base

The conditions for the use of physical force by police officers are enshrined in Federal Law No. 3, Art. 20.

According to the norm, an employee has the right to exert influence as part of a unit or personally if non-forceful methods do not allow him to ensure the fulfillment of the duties assigned to him.

According to Article 20, the use of physical force is permitted for:

• violations and criminal attacks.
• Detention of persons who committed illegal actions, and delivering them to Staff only ATS units, municipal body etc.
• Overcoming resistance to the employee’s legitimate demands.

The list of cases of use of physical force by a police officer is closed. In local regulatory documents(instructions, regulations, orders, etc.) their content can be specified depending on a particular situation.

It should be noted that the Federal Law “On Police” does not establish restrictions on the use of force by subject composition.

Suppression of offenses and crimes

This is the first basis for the use of physical force by a police officer. In this case, the influence is exerted on the person committing active illegal actions.

If the subject is in a state illegal inaction, then the police officer has the right to use force to overcome opposition or to make an arrest.

Delivery of the culprit to the office premises

The use of physical force by a police officer in this case is aimed at unhindered bringing the subject to the place of proceedings. This could be, for example, a duty station or a local police station.

Delivery as a coercive measure can be applied to persons who have committed a crime or an administrative offense.

Detention

It involves the actions of an employee aimed at capturing a citizen who has committed an unlawful act. Detention precedes delivery. The use of force in such cases ensures the restriction of the movements of the perpetrator, preventing his escape and the commission of other illegal actions.

Overcoming opposition

The rights of police officers provided for in Federal Law No. 3 are exercised in order to fulfill the duties assigned to them. Thus, to suppress illegal behavior, an employee can make certain demands to a citizen. The use of force in such situations is determined by the person’s inaction. It is expressed in failure to fulfill the legal requirements of the employee. The need to use force arises, for example, if a citizen refuses:

• Provide access to other persons, objects or documents.
• Proceed to the office premises of the police department, stop or leave a certain place.
• Ensure unhindered access to the territory, facility, vehicle etc.

Disobedience may be expressed in a form indicating clear disrespect for officials, providing public order.

General rules

The law establishes a list of actions that an employee can perform upon the occurrence of appropriate conditions. In Art. 20 Federal Law "On Police" are enshrined specific situations where the use of force is permitted. However, you need to know how to do it correctly.

In order to avoid negative consequences (both for the employee himself and for those around him), a procedure has been developed for committing necessary actions aimed at suppressing illegal behavior.

The employee performs 3 types of actions: before using force, during physical contact with the subject (object) and after it. The sequence and the need for their implementation at each stage depends on the situation that develops on the spot during the suppression of the act, and the consequences (including probable ones).

Warning

Before using physical force, a police officer informs citizens that he is a law enforcement officer and his requirements. Thus, it provides individuals with time to complete them. If the arrest is made by a task force, a warning is given by any of its members.

The message about demands and the use of force if they are not met must be communicated loudly and clearly.

It should be noted that the right of a police officer is to carry out actions without warning if delay may cause Negative consequences. This is allowed in particular in the case where there is real threat the life of the employee or surrounding citizens.

Prescriptions

When using force, a police officer must be guided by the following:

• It is necessary to act taking into account the current situation, the degree and nature of the danger of citizens against whom coercive measures will be applied. It is also important to assess the level of resistance offered by individuals.
• The employee must strive to minimize any damage. The actions of the police officer must be proportionate to the actions/inactions of the citizen. In addition, when using force, you must try not to cause damage to property or create a danger to the lives of others.
• If the subject received injuries from the actions of the employee, he must provide first aid and take measures to provide qualified medical care in a short time.

Actions of the employee after the use of force

The police officer is obliged to inform the relatives of the citizen who received bodily injuries that he was detained. This must be done as much as possible short time, no later than 24 hours from the moment of suppression of illegal behavior.

Within 24 hours, the prosecutor is notified of each case of death or injury of a person due to the use of force by a police officer. In this case, the employee should, if possible, keep the scene of the incident unchanged.

Within 24 hours, the police officer informs his immediate superior or the head of the nearest police department about the infliction of material or physical harm to a person in the performance of his duties. The circumstances of the incident must be reflected in the report in full.

While in the task force When using force, an employee must be guided by the provisions of federal law, orders and regulations immediate supervisor divisions.

Responsibility of a police officer

As a rule, the employee makes the decision to use force independently. Accordingly, he is fully responsible for possible consequences of your actions.

In case of exceeding his powers when using force, the employee may be held accountable as provided for in the law. Depending on the nature of the actions and the severity of the consequences, he may be subject to disciplinary, civil, financial or criminal sanctions.

The unlawful use of force by an employee in the performance of his duties is qualified as abuse of power only in cases where his actions were not caused by extreme necessity or necessary defense, and there were no prerequisites for forced

In addition to criminal penalties, legal action may be taken against the employee claim proceedings and claims were made for compensation of property and moral damage a citizen who has received bodily injury.

For violations of the regulations stipulated in federal law, local acts of the Department of Internal Affairs, the employee bears disciplinary liability. The most severe sanction is dismissal from the police department.

Restrictions

The legislation provides for a number of cases in which physical strength cannot be applied. Corresponding actions are prohibited in relation to women with obvious signs of pregnancy, disabled citizens, and minors. The exception is situations when these subjects offer armed resistance, commit a group or other attack that threatens the health/life of others or directly police officers.

It is not allowed to use force to suppress illegal rallies, meetings, demonstrations, picketing, non-violent processions that do not violate public order, normal functioning transport infrastructure, enterprises and communications.

Professional suitability

All police officers must undergo periodic education, training and testing of their qualifications. The content of programs to improve professional suitability is determined by the Ministry of Internal Affairs.

Employees must know the rules of conduct in conditions involving the use of force, procedures, restrictions, limits emergency and defense.

Employees who have not passed the professional suitability test are assessed for suitability for the position. Until a decision is made based on its results, such employees are suspended from their duties.

Urgent necessity

It should be understood as a situation where a police officer causes damage to the interests of another person in order to eliminate a danger threatening him or other citizens. The use of force when absolutely necessary is permitted when it is not possible to eliminate the threat by other means.

When performing actions in such situations, the employee must adequately assess the situation. The use of force must be consistent with the nature and extent of the threat posed by the other entity. Exceeding the limits of necessity is qualified as criminal act if it was done intentionally.

It is worth saying that, unlike the state necessary defense, in which the employee can cause greater harm, even equal damage is not allowed in case of extreme necessity. IN otherwise The police officer's actions may be regarded as intentional.

Necessary defense

As established by Article 18 of Federal Law No. 3, an employee of a police department has the right to use physical force in the manner and in cases established by law. In a state, an employee, if he does not have weapons or special equipment, can use any available item.

When using force special meaning have criminal law. However, in practice, many employees are guided exclusively by Federal Law No. 3, as well as local acts, published by the structures of the Ministry of Internal Affairs.

When suppressing crimes, employees act in conditions that exclude criminal behavior. Professional activity Police operations cannot always be planned, since the situation can change at any moment. Therefore, there is always the possibility of undesirable consequences occurring.

Taking this into account, the criminal law should establish clear limits for the exercise of their powers by police officers. These frameworks make it possible to significantly minimize the risk of police officers committing illegal actions. To do this, in turn, it is necessary to align certain provisions Federal Law No. 3, local legal documents, published by the structures of the Ministry of Internal Affairs, with criminal law norms.

Conclusion

The use of force is considered one of the coercive measures, which a police officer can use when implementing his official powers. Of course, an employee must always act in accordance with the rules of law. Only in exceptional cases It is possible to go beyond legal requirements.

It should be understood that current standards ensure the protection of the interests of all citizens, including those who commit illegal actions. Conscious abuse by an employee of his powers will entail negative consequences for him, including criminal liability.

Article 20. Use of physical force

Commentary on Article 20

1. When exercising the powers granted by this article, police officers act in a state of necessary defense or detention of a person who has committed a crime.
2. In a state of necessary defense, they have the right to cause harm to the health of a person attempting to commit a crime, that is, when protecting the personality and rights of the defender or other persons, the interests of society or the state protected by law from a socially dangerous attack, if this attack was associated with violence, dangerous for the life of the defender or another person, or with immediate threat use of such violence.
3. The use of physical force, including combat techniques, in order to suppress an attack that is not associated with violence dangerous to the life of the defender or another person, or with an immediate threat of such violence, is lawful if the limits are not exceeded necessary defense, that is deliberate actions, clearly inconsistent with the nature and danger of the attack (Article 37 of the Criminal Code of the Russian Federation). If the actions of a police officer are recognized as inconsistent with the nature and danger of the attack, but this discrepancy is not obvious, the limits of necessary defense are not exceeded.
4. At the same time, it is unlawful to use in relation to citizens who have committed minor offenses, and often simply law abiding citizens the same methods (in our case - physical force, including fighting techniques struggle), as well as in relation to dangerous criminals <247>.
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<247>See: On the activities of the Commissioner for Human Rights in the Russian Federation in 2000: Report of the Commissioner for Human Rights in the Russian Federation // Ros. newspaper. 2001. May 16; 27th of June; July 21, 24, 25; 10th of August.

5. The actions of a police officer do not exceed the limits of necessary defense if, due to the surprise of the attack, he could not objectively assess the degree and nature of the danger of the attack.
6. It is not a crime to cause harm to a person who has committed a crime when he is detained by a police officer to bring him to the authorities and suppress the possibility of him committing new crimes, if it was not possible to detain such a person by other means and the measures necessary for this were not exceeded.
7. Exceeding the measures necessary to detain a person who has committed a crime is recognized as their obvious inconsistency with the nature and extent public danger the crime committed by the detained person and the circumstances of the detention, when the person is unnecessarily caused clearly excessive harm not caused by the situation. However, such an excess entails criminal liability only in cases intentional causing harm (Article 38 of the Criminal Code of the Russian Federation).
8. Subject to the conditions specified in the commented article, physical force may be used not only by the police officers themselves, but also by the citizens assisting them.
9. About the concepts of “crime” and “ administrative offense» see commentary to Art. 2 of this Federal Law.
10. About suppression illegal acts see commentary to clause 2, part 1, art. 12 of this Federal Law.
11. On the concept of “weapon”, see the commentary to clause 16, part 1, art. 13 of this Federal Law.
12. On the concept of “fulfillment of official duties”, see the commentary to Art. 43 of this Federal Law.
13. See also the contents and commentary to Art. Art. 1, 12, paragraphs 13 - 15, 37 art. 13, 14, 18, 19, 21, 23, 27 of this Federal Law.