Characteristics of special self-defense tactics and their application

The concept of special tools and equipment. Implementation of technical means in the work of the Interior. Organizational-methodical and tactical basics of using technology in law enforcement agencies. Methods of the active defense, personal protection.

Рубрика Государство и право
Вид реферат
Язык английский
Дата добавления 08.10.2012
Размер файла 35,6 K

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- Bulletproof vest 6B5-15 protects against firearms for a 3-m class protection. Area protection - up to February 8 dm2, weight - to 13.1 kg.

- "Module-4" - wearing body armor to open 4-grade protection. Consists of front and back with steel armor elements trapezoidal. Area protection - 22.5 dm2, weight - 13 kg.

Shock and armored shields designed to protect vital organs from shock and injury by firearms. At the armed police are:

- Protective shields - Kit Shock shields for zahysturuk and feet (special classes) made of aluminum alloy. Weight - 2 kg ("Solid-mate") and 1.8 kg (W-308).

- Shockproof plastic ("Fort SCHP") and metal ("Schytmate") panels that protect against attacks with stones, sticks, metal rods and other objects. "Fort SCHP" has an area of 63 dm2 protection, made from polycarbonate, weight - 4.4 kg. "Solid-mate" - metal (aluminum alloy thickness 2 mm), the area of protection - 60 dm2, weight - 3.8 kg;

- BZT-75 - titanium armor protective shield protects against bullets pistols, revolvers and rifles shotgun. Area protection - 25 dm2, weight - 4.5 kg. Continuous wearing - 4 hours.

- "Falcon 2-50SCH" - broneschyt, protects against firearms for a 2-m class. Area protection - 50 dm2, weight 15 kg. Time continuous wear up to 2 hours.

Chapter 3

Legal framework for the use of special tools and equipment in the exercise of self-defense

The use of means depends not only on expediency and efficiency measure. Primarily, these activities should be evaluated in terms of legality. This means that in all cases, without exception, it should strictly be based on the norms of law and subordinate regulations, and any operational, organizational and other reasons can not be justified.

Therefore, it is inadmissible any improper, inadequate use of special equipment, capable prychynyty damage to public and private interests of citizens protected by the Constitution of Ukraine (Articles. 3, 8, 17,21,28,29, 30.31, 32, 55).

One of the main issues of vocational training is the study and understanding of the legal framework and the requirements of law in the application of special equipment in the internal affairs bodies. As you know, this application may be procedural, operational, organizational or preventive in nature. Regardless of the direction and character of the use of technical means used by this process is based on the norms of law, like all other law enforcement agencies. However, the diverse nature of these activities, specific use of its results determine the specificity of their regulation.

The legal basis for the use of special equipment - a system of legal rules, by-laws and rules that determine the admissibility or regulate the procedure and conditions of use.

These rules and regulations are classified into two groups:

1) regulations that define the general rights and obligations regarding the use of technical means;

2) By-Laws governing the use of certain means of special equipment.

The first group of regulations are the rules of law, government regulations, which establish general principles, goals and objectives of the ATS, the content of which suggest the permissibility of the use of technology, measures and actions. [5, c.76]

Law of Ukraine "On Militia" from 25.12.90, the

- Art. 11 determined that the police to carry out its duties shall be entitled to: perform on the grounds and in the manner prescribed by law, overt and covert investigative operations, photos, film, film and sound recordings, listening to telephone conversations to demonstrate offenses (paragraph 10); conduct photography, sound recording, film and video, fingerprinting persons detained on suspicion of committing a crime. (p. 11); hold cinema-, photo-and zvukofiksatsiyu as an aid prevention of illegal actions and disclosure offenses (item 12); regulations prescribed use technical means for identifying and fixing violations of traffic rules (§ 21);

- In Article 12 states that the police have the right to use special tools;

- In Article 14 stated that the police have the right to use handcuffs, rubber batons, means binding, tear matter, light and distractions of devices, devices for open space and forced stop transport, water cannons, armored vehicles and other special and vehicles and the use of dogs.

Type special vehicle start and intensity of its chastosuvannya determined considering the situation that has arisen, nature of the offense and the offender.

Full list of special tools and rules for their application are established by the Council of Ministers of USSR № 49 from 27.02.91 g, which approved the Rules for application of special means for the protection of public order in Ukraine.

Scientific and technical methods and tools, from the application of PA preliminary investigation and in court may be recorded source material evidence or annexes found directly reflected in the relevant articles of the Criminal Procedure Code of Ukraine.

Criminal Procedure Code of Ukraine.

According to him, the legislator authorizes the investigator to use certain features of special equipment during the investigation. It can be a sound recording, photography, film and video (Article 114 CCP). The law allocated technical methods, results of which can capture evidentiary facts in the process of investigating investigation. As stated in Article 85 of the CPC, the results of the application of scientific and technical means are designated as annexes to the protocol of investigative actions that are complementary to a great extent its content. Although they are separate and independent sources do not form, and is part of one of the sources of evidence (ie, protocol appropriate investigative action), but does not take into account their unique capacity to capture different kinds of information legislator can not. Therefore, the probative value of recorded information he must introduce them to the sources of evidence.

Along with the decision on the admissibility of the application of scientific and technical means, the legislator introduced the handheld separate articles on the use of the previous investigation and trial specific scientific and technical means. This application is recording - st.851 CCP application of film and video - Article 85 of the CPC. This was done in order to introduce uniform methods of their use and presentation of results.

The validity of the use of other scientific and technical means solved investigator on general principles and criteria of criminal justice. This is the only rule: any application supporting technology in the process of investigation must necessarily be reflected in the minutes of certain investigative action.

According to the content of the law on the use of technical means placed at the discretion of the investigator. But disuse in certain situations these or other techniques may be considered by the court as a miscalculation investigator and lead to undesirable consequences.

In addition, st.103 CCP police have the right to conduct investigative operations.

The second group includes subordinate legislation that rushing MIA of Ukraine in the form of orders, instructions and guidelines. Subordinate regulations are created with a view to specify the use of scientific and technical means in the fight against crime. They just indicate what specific scientific hardware and hardware support character should be used and in what specific situations.

Subordinate regulations are in full compliance with the provisions of the law, they can not contain provisions that do not follow the laws, and furthermore contradicts them.

For example, the order of the Ministry of Ukraine of 30.03.91r. Number 118 is a procedure for the use of special tools during public order, which is set by the Council of Ministers of USSR from 27.02.91r. Number 49, MIA Order of 2004 "On approval of the Instruction on performing units activities GSO property and personal security with the use of technical means" commandment Ministry of Ukraine of 23.12.2003 "On the approval rate of personal belonging Armor protection and active defense."

In addition to the main acts that constitute the legal basis for the use of special equipment and regulate their use, was issued a number of decrees and orders of the Cabinet of Ministers of Internal Affairs of Ukraine, which complement the composition of special equipment, the order of acquisition, storage and use.

Resolution of the Verkhovna Rada of Ukraine on June 17, 1992 № 2471-XII «on ownership of certain types of property" approved the list of types of property that can be owned by citizens, NGOs, international organizations and entities other countries in Ukraine and legal persons of private ownership. It included electroshock devices and special equipment used by law enforcement agencies, in addition to gas pistols and revolvers and ammunition to them, charged substances tear and irritating.

Cabinet of Ministers (CM) of Ukraine № 706 from 07.09.93 was approved "Regulations on the sale, purchase, registration, filing, storage and use of special means of self-defense, filled with substances tear and irritating." According to this decree ordered Interior Ministry of Ukraine of 18.10.1993 № 642, which is classification of special means of self-defense, the order of acquisition citizens of Ukraine registered in police departments, storage and application. According to the Regulations and the Resolution of the Cabinet of Ukraine from June 28, 1997 № 352-r for a population for the purpose of self-defense is allowed to use the facilities, equipped drugs tear and irritant based on natural ingredients, namely, gas cylinders, gas pistols and revolvers and ammunition them of 6, 8 and 9 millimeters. Buy pistols and revolvers tear can citizens who have reached 18 years of age. To obtain permission to purchase to the place of residence to the Police Station application to the head of the law enforcement agencies, medical certificate, three passport size 3x4 cm, a receipt for payment of services related paperwork for authorization and certificate of deposit offset on knowledge of the material of special courses on the basis of "Society Defense of Ukraine." The decision to grant permission in each case taken separately. To purchase gas canisters permission to ATS is not necessary, but for the population meet the requirements of existing regulations only cans "Intermediate-1."

Resolution of the Cabinet of Ukraine № 302 of May 21, 1995 "On amendments to paragraph 12 of the Rules applying special equipment during public order in Ukraine" adopted by the electroshock devices that belong to the means of active defense.

Resolution of the Cabinet of Ukraine № 829 of August 4, 1997 "On Amendments to the Rules applying special equipment during public order in Ukraine" to adopt a police spray tear device instant spray "thistle-6." According to the Resolution, the Ministry of Internal Affairs of Ukraine developed the "Instructions for the use of special equipment" Teren-6 "(order of Ministry of Ukraine of 13.01.1998 № 26 DSC) and adopted by the ATS stun device IR-4 (order of Ministry of Ukraine of 11.08.1999 № 624).

In order to provide police personnel with modern special means of active defense, based on the regulations of Ukraine dated November 12, 1992 № 596 "On approval of the licensing system" (as supplemented by Resolution of the Cabinet on February 22, 1999 № 256), № 829 - 1997, and the performance of the MIA of Ukraine of 06.10.1998 in 2000 decided to equip the unit of domestic production (Gun "Fort 12r") to fire, fire rubber ("ter-ST") for non-lethal projectiles and approved "Instruction on the application of domestically produced equipment for shooting bullets, rubber or similar in characteristics missiles non-lethal" (Order of MIA of Ukraine № 326 DSC-2000). Cabinet of Ministers of November 17, 2001 № 1534 of active defense to put plastic batons like "tonfa". Also for personnel MIA of Ukraine new special facilities for weapons taken light and devices "Teren-7", "Teren-7M" and "ter-7E." [7, c.18]

Conclusion

Analyzing the processed material I reached the following conclusions.

The means of defense are the special features that make up a set of special technical means of protection personnel.

Special tools are used to protect police personnel and citizens during public order and in the performance of official duties, are divided into:

1. Active defense.

2. Personal protection equipment.

3. Means of Special Operations.

4. Devices to open the premises occupied offenders.

The first two groups of special equipment directly intended to protect police personnel. The third and fourth - are used during special operations that are associated with the detention of armed criminals termination in accordance with the laws of riots and other manifestations of public disorder.

Active defense to protect citizens and police officers, actively influencing the offenders to stop their actions.

This group of special equipment include:

- Gas grenades, cartridges and pistols and revolvers for shooting cartridges equipped with tear gas and rubber or similar characteristics missiles non-lethal;

- Rubber batons;

- Handcuffs;

- Stun devices.

Personal protective equipment designed to protect the vital organs from possible injuries weapons and firearms. They are:

- Helmets;

- Body armor;

- Shockproof armor and shields.

The use of means depends not only on expediency and efficiency measure. Primarily, these activities should be evaluated in terms of legality. This means that in all cases, without exception, it should strictly be based on the norms of law and subordinate regulations, and any operational, organizational and other reasons can not be justified.

In my opinion, one of the main issues of vocational training is the study and understanding of the legal framework and the requirements of law in the application of special equipment in the internal affairs bodies.

In Ukraine to police departments difficult and responsible task of combating crime. According to the Decree of the President of Ukraine on February 18, 2002 № 143 "On measures to further strengthen the rule of law, protection of rights and freedoms of citizens' priorities of law enforcement should be considered against the crimes against persons, property, organized crime and corruption, terrorism, trafficking people laundering of proceeds of crime offenses in the public sector, drug trafficking, weapons and explosives. The success of their performance largely depends on the technical sufficiency of the Interior and effective use of their existing hardware. Improving the efficiency and quality of the bodies of internal affairs (police) enforcement activity under wide and active use of scientific and technological progress is essential for compliance with the President, the government and police to fight crime.

Effectively use special hardware capable of only those employees who know them well and are able to apply in all areas of the ATS. Every police officer must be a competent specialist in solving problems before the ATS through various means.

Unfortunately in our country this issue given insufficient attention. This is evidenced quite small literary theoretical framework. Mostly theoretical work of legal scholars are publishing in journals, not manuals or tutorials that would greatly facilitate the study and research questions of self-defense for police officers and citizens. Also, a number of legislative acts do not provide clear definitions of self-defense and have referential nature.

List of references

1. The Constitution of Ukraine was adopted at the Fifth Session of the Verkhovna Rada of Ukraine, June 28, 1996 254 K/96-VR / / Supreme Council of Ukraine. - 1996, № 30. - P. 141.

2. Criminal Procedure Code of Ukraine dated 28.12.60 № 1001-05.

3. Law of Ukraine "On Militia" from 20.12.1990 № 565-XII // Bulletin of the Supreme Soviet of the USSR (BD), 1991, № 4, p. 20.

4. Law of Ukraine "On State Protection of court staff and law enforcement agencies" from 23.12.1993 № 3781-XII // Supreme Council of Ukraine (BD), 1994, № 11, article 50.

5. Pystoletы plates and revolverы: Reference posobye., Minsk, 1997. - P.92.

6. Lotorev V.A., Mykhalov V.A., Chayka I.V., Donchenko S.B. Personal body armor: Guidelines. - K., 2001. - P. 152.

7. IF Haraberyush Special equipment in the Internal Affairs: Training. Guide. - Donetsk: Donetsk Law Institute LDTSVS them. E.O. Didorenka, 2009 - 284 p.

8. Donchenko body armor for law enforcement S. // Police in Ukraine. - 1998. - № 2. - P. 21-22.

9. VP throne, DI Musienko Use rubber batons police units" // Current special technique. № 4, 2006, p. 25-28.

10. V.D. Shyyan Tactics use gas cartridges such as "ter-4M" // Current special technique. № 2 (17), 2009, pp. 16-18.

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