Safety professional employees tax police in applying means of administration
The essence of administrative suspension and grounds of their application by the police. Administrative practice of using special means of administrative termination for the protection of public order. Features of special funds for special operations.
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Section 1. The essence and purpose of administrative suspension and grounds of their application by the police
1.1 The essence of administrative termination
1.2 Purpose of administrative termination
Section 2. Administrative and legal practice of using special means of administrative termination for the protection of public order
Section 3. Features of special funds for special operations
2.1 Upon termination riots
2.2 When capturing an armed offender, release hostages
Under the rule of law improve regulation of various social relations is of particular relevance. There is a growing need to improve the legal impact on behavior, increasing their sense of justice.
In a democratic society, the main task of the government, particularly the executive - the rights and freedoms of citizens. For example, Article 3 of the Constitution of Ukraine states that: "A person's life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. The rights and freedoms and their guarantees determine the content and direction of the state. The state is responsible for its activity. Adoption and safety rights and freedoms is the main duty of the state. "
At the same time achieve a high level of discipline and the rule of law is impossible without the law-abiding behavior, improve the quality and efficiency of law enforcement. Failure to perform the duties set forth in the law provides an adequate response to the state, including the application of administrative coercion. The Application of state coercion for any wrongful acts always attracted the attention of society, social groups, as it affects the interests of most people, their associations.
One of the most serious intervention by law enforcement agencies in the livelihoods of citizens is the application to them of the special administrative suspension. In connection with this question of the application of special means of administrative suspension is subject to administrative regulation and implementation by the state.
Increased attention to this problem also caused by the possibility of error, arbitrariness, or conniving government officials using coercion. To illustrate the overall picture of this issue can cause such an example, in 1998, the courts of Ukraine satisfied 96% of claims and complaints about the protection of rights of citizens and legal persons.
Attention is drawn to the fact that the crime situation remains difficult. Continue to increase the intensity of criminal aggression, violent assaults on human life and health.
More than a thousand, were victims of murder, more than a thousand received serious injuries. Some of the police officers at the assault on the lives of offenders clumsily applied specials. means, or in the required time did not use them at all. And so the question of efficiency of the use of special police officers, improving the mechanism of administrative and legal regulation of this group of legal gaining relevance.
Polls police separate battalion patrol service officers of the Ministry of Interior in Zhytomyr region suggests that 95.7% of employees say that the evil is growing unrest offenders lawful demands of the police, and 85.3% - physical resistance during their detention. In an environment that has a very acute issue of increasing the level of training of personnel police tactical, combat training, especially in the application of physical restraint, firearms, special means of administrative suspension, improving procurement officers to deal with a variety of offenses .
Practice shows that in most cases, the personnel of the Interior lacked the necessary skills to use special means an administrative suspension.
The current regulatory framework in Ukraine - the Law of Ukraine "On Police" from 20.12.90 g, USSR Council of Ministers Resolution № 49 "On approval of the application of special means for the protection of public order in the USSR" from 27.02.91 g, regulations that regulatory features of the application of these tools have some disadvantages of special administrative suspension.
Termination can decisively to stop the violation of law, but the mechanism of administrative regulation, for example, are not defined separately means the termination of criminal and administrative suspension with regard to their capabilities and the legislative, not defined in law what is meant by the term "exceptional circumstances" "other antisocial acts," it is not clear how and by whom is determined by the intensity of the use of special means of special operations are not defined cases when special operations prohibits the use of any special tools, no guidelines, typical development, manuals for unit commanders patrol guard service commanders of special police units for training personnel to use special means for the protection of public order, and in the course of solving operational problems.
In connection with the above shortcomings personnel training police on the use of special funds held at a low level of organizational and methodical, practical training, training conducted very rarely and without the use of the full range of special tools that are in service with the police.
Problems administrative and legal regulation in the sphere of public order highlighted in a number of books, theses, manuals, articles.
The rules of administrative law and legal relations in the sphere of application of the administrative suspension.
Legal analysis of the regulation suggests unilateral control procedure specified group relations - have the right to police the use of special tools and the responsibility of citizens for actions that infringe on the established order management, implementation of citizens' rights and freedoms referred to in public relations, and existing rules are declarative character.
We know that law enforcement relations consist of legal content (rights and obligations of participants relationships) and the content of the material (their actual behavior - actions or omissions).
Specified differentiation avoids unilateral constraints during legal settlement that a group of social relationships, in turn, does not mix the material and legal in the relationship. Thus, law enforcement relationships must distinguish between conduct their business activities (material content), as well as eligibility and responsibilities (legal content).
Applying special administrative termination of police regulated century. century. 12-15pr.1 Law of Ukraine "On militia" 20.12.90r. These provisions of law are mostly material (regulate behavior, activities of the police), but they are part and procedural as are organizational and procedural in nature, the mode of application of substantive law.
Separately, the procedural rules of the group relations are practically absent, as no defined forms and methods of use of each type of special tools, and weapons.
No special tools individually administrative and criminal termination as the degree of public danger of the commission of two even similar, offense is never quite the same.
The question arises: how to act and what should be the procedure when applying special administrative, criminal suspension.
Existing rule that regulates the application of physical restraint, special means and firearms is dispositive, as it variant behavior, but provide the parties an opportunity to settle certain limits specified relationship individually. ("Kind of a special tool, start time and intensity of its use are determined by the circumstances, the nature of the offense and the offender." Article 14 of the Law of Ukraine "On militia" 20.12.90r).
Legal norm that we are considering, is empowering nature as defines some cases where the relevant entities listed public relations are eligible to apply measures of physical effects, special means and firearms. As permissions and prohibitions addressed to individual police officers and are general in nature.
Practice shows that the rules apply special means firearms must be clearly defined and even some instructions and the relevant law, as it is the law should determine the type of product and the special features of its application, depending on the gravity of the wrongful act.
For normal use of special means of administrative suspension, it contains five articles in the third section of the Law of Ukraine "On Police" (Articles 12-151). To prove awkward presentation of this legal standard to make it legal analysis.
The hypothesis is difficult as the norm connects with multiple conditions. They are found in almost all of the above articles. Thus, Article 12 of the Law of Ukraine "On Police" determined that all special tools used in administrative termination cases and in the manner prescribed above mentioned Act:
- The use of physical force, special means and firearms must be preceded by a warning of the intention to use them if circumstances allow;
- Without warning these measures can be used if there is a direct threat to the life or health of citizens or police officers.
That is, if the use of force are general in nature and does not clearly define the application of each type of special equipment, weapons in certain circumstances (arrest of the offender, a person suspected of a crime, stopping group of disruption, riots ...). On arms of subjects of public relations, who have the right to use force, a large arsenal of specialized tools and should clearly define the conditions for the application of the specific engine separately.
Article 14 of the Law of Ukraine "On Police" indicates the nature of alternative hypotheses (a kind of complicated): "Kind of a special tool, start time and intensity of its use are determined by the situation that has developed, the nature of the offense and the offender," that is, it is assumed that since the legal norms in force enough of one of these in her factual circumstances.
The above hypothesis does not indicate the specific conditions of use of a special tool (or species) - the active defense of special operations, small explosives sniffing dogs), procedures and limits the use of force in terms of the possible use of special equipment arsenal under the administrative termination of employees of certain departments (with a specific service: criminal police, public safety, transportation police state automobile inspection, police protection, special police). Due to the fact it is an abstract that does not contribute to the strengthening of the rule of law.
Section 1. The essence and purpose of administrative suspension and grounds of their application by the police
1.1 The essence of administrative suspension
Among the measures of administrative coercion, including those used by police, the most numerous are the measures cease. The main purpose of these measures is to promptly respond to these or other antisocial acts, stop, stop illegal behavior and thereby prevent the onset of its harmful effects.
So, first, characterizing the actions of administrative suspension, is making an impact on a wrongful situation. This effect can be quite varied, for example, as indicated in the literature, psychological or physical, relating to personal, institutional or economic constraints, using administrative, technical, administrative and health, administrative and financial resources, detention or mayna2. Adding that the impact depends on the illegal situation and the object to which the impact and purpose, which thus pursued. It is also important to note that in each case the application of administrative cessation police officer intervenes directly in the offending action, which gets rid of the actual misconduct to continue.
To understand the essence of the administrative termination is also important to clarify the meaning of the term "termination". In terms of etymology stop - interrupt means any act, process, condition, continuing to force someone to stop ro beat something, to behave in accordance with established procedures, not to riot. So we can conclude that termination is not possible without a certain action, process, etc., that last time. The same applies to the administrative suspension.
The use of administrative termination is determined by the presence of some wrongful conduct, which may consist not only of committing a specific offense, but in repeated, systematic illegal acts, antisocial behavior of individuals (D. Bachrach says even that may be closed antisocial lifestyle system actions). In such cases, the relevant government agencies and officials, including the police are forced to use a variety of means termination. It is also necessary to emphasize the fact that the measures are applied not only cease to interrupt unlawful administrative action, but in some cases acts of criminal law.
In the current legislation there is no definition of administrative suspension, no clear classification of these measures is no unity position as to which of them should be considered as measures of administrative suspension, and which - administrative, safety, and whether they can be aimed at stopping criminal actions in the literature. In addition, you must keep in mind that the term "administrative measures termination" is only theoretical in the regulations not in use. In the centuries. 2 of the Law "On Police" cease offenses mentioned only as the main task of the police to perform a variety of means can be used as the legal and other measures, including administrative measures and also termination. The right to use certain coercive measures to carry out the tasks entrusted to the police, defined in the legislation, which was given a fairly complete list of such measures and regulates the conditions and procedures for their use.
Therefore, it seems, the controversy surrounding the question of what kind of administrative enforcement measures are measures of cessation are more theoretical than practical in nature, the main thing is to be provided using the performance of police tasks. No other events of termination, in addition to the legislation of Ukraine can not be applied in practice. They can be used only in accordance with procedures established by law.
Asked whether measures of administrative cease to apply to interrupt criminal acts as appear to be answered in the affirmative and to support researchers who have expressed a similar opinion. This position is based on current legislation and is based on practical experience. Obviously, the majority of administrative termination is used to interrupt the administrative wrongful acts and antisocial behavior, and some of them only (mostly) for this and used (administrative detention, suspension from transport control, etc.). However, giving police the right to use such measures of administrative suspension as the use of weapons of physical effects, special devices directly legislator stresses that they are used to ensure public order, public safety and fighting crime (articles. 13-15 Law "On Police"). Analysis of evidence that these measures are in many cases it is used to stop criminal acts.
1.2 The purpose of administrative suspension
All this suggests that the use of administrative termination plays an important role in daily, continuous work of the police to protect law and order and combat crime, and this role has been steadily growing.
Efficacy of police of administrative suspension, as well as any other coercive means, determined, above all, the degree of achievement goal pursued by any measure. The main goal is the result, which law enforcement entity strives to achieve, using measures of administrative termination - a forced termination, termination wrongful conduct. The presence of this goal defines inclusion of a measure of administrative coercion among termination event.
Moreover, some measures of administrative termination can be used to eliminate the harmful effects of the offense, the restoration of lawful status (eg, termination of the functioning of the permit system is to eliminate violations of relevant rules).
All administrative enforcement actions, including termination measures are preventive, proactive, ie to prevent the commission of new offenses. However, to prevent offenses cease activities - not major, and additional, secondary goal. And not all of the administrative termination equally contribute to the prevention of violations. For example, the requirement to stop right trace preventive effect is difficult, although it is, while seized items, which are associated with the offense, immediately pursues prevent it from committing future.
Thus, measures of administrative termination used by police to, firstly, stop violations of law (administrative offenses, crimes and objectively wrongful acts), and secondly, to create conditions for the further prosecution of the guilty, and thirdly, the removal harmful consequences of the offense in the fourth, prevention of new offenses and, fifthly, restore previous lawful status.
Above allows to define measures of administrative suspension, used by police as statutory remedies therapy aimed at forced termination (termination) acts with signs of administrative violation, and in some cases - the criminal law, to prevent the harmful effects of illegal behavior of proceedings on administrative violations and to bring perpetrators to administrative and, in exceptional cases - criminal prosecution.
In order to determine the full nature and characteristics of administrative suspension, used police to carry out their systematization and classification. For the definition of these measures should be based, above all, the fact that all these measures together a common goal - stopping illegal acts, as mentioned above.
Section 2. Administrative and legal practice of using special means of administrative termination for the protection of public order
Justice has a bilateral character. During the execution of their duties police officers are not exempt from liability for violations of the law.
Decision on the application of physical restraint, special vehicles, firearms in most cases takes a police officer individually.
The question arises: "Why such important decisions, the implementation of which can lead to tragic consequences, taking the police, who in most cases have no legal education may experience worked in special skills?".
Statistics of the Ministry of Internal Affairs of Ukraine, every year there are cases of unauthorized use of standard-issue weapons.
Practice shows that the regulation of such important issues as the use of special police vehicles, firearms is an unsatisfactory level.
Based on the above it can be concluded that in some areas the use of force by the police need public control, which is now almost non-existent.
The first step towards solving this problem has become the order of MIA of Ukraine № 414 from 10.06.98r. "On approval of the instructions on the procedure for reviewing proposals, complaints and personal reception of citizens in the police department, internal forces, institutions of higher education, institutions, organizations and enterprises of the MIA of Ukraine."
According to the decree of the Minister of Internal Affairs for review, complaints of citizens, a commission that must objectively examine all the circumstances of the case, especially when it comes to violations by police officers on the law. The basis of this regulation is the Law of Ukraine "On Public Appeals" from 23.10.96r. But the prevention of adverse effects of the use of police force during their service to protect public order remains open.
Participation in addressing important issues such as the use of special tools during stopping group of disruption, riots should take and the local council in which those events occur. Today, the competence belongs to the official who is responsible for maintaining public order, or the head of a particular special operations, or in some cases, the police officer, who according to the law of Ukraine "On Militia" has the right to determine the kind of special vehicle, start time and the intensity of its application taking into account the situation that has developed, the offender and the nature of the offense. For local councils, the Art. 38 of the Law of Ukraine "On Local Self-Government in Ukraine" 12.06.97r. suggests that their competence and are some questions about law enforcement, protection of rights, freedoms and legitimate interests of citizens.
Specific part executive, local governments can take to develop schematic plans of stopping group violations of public order, riots in the territory of village or city council.
The plan must be defined procedure, tactical use of certain kinds of special funds based on terrain features: the presence of children, hospital, food industry ...
The special operations include arrest driver who drives the vehicle while intoxicated by applying a special device for forced stop vehicles "Ezh-M" or "Diana". So, on the streets is not easy to do because there is an active transport movement. So making schemes likely use this type of special needs coherence police and local authorities.
In today's world actualization of human rights is not only a catalyst for socio-economic and political-legal life in certain countries, but also factor in the formation of such an order, which would give the citizen the opportunity to defend their inalienable rights and liberties as inviolable values ??of civilization.
Before duty police officers carefully instructed on the application of weapons, solve them training tasks for the application service weapon, police prevented the responsibility for illegal use of special means of administrative suspension, but the situation is not improving: there are cases of illegal use of weapons, killing foreign nationals , killed by the police.
What is the solution for police officer? How do they decide for themselves that question?
Of course, it is better to suffer the most, otherwise you can lose a job, and maybe freedom is better to use a rubber baton and tear gas, handcuffs or physical restraint measures.
For classes with staff, they are held in divisions rarely, usually once a week, and teaching in colleges training programs in place that do not always meet the objective requirements of preparedness law enforcement to fight crime in today's society.
Based on the above, it is logical that "thanks to" the existing approach to training police personnel use special means of administrative suspension as in schools and in police departments and the relevant gaps in the legislation in this regard, special means of administrative staff termination Police are not always used effectively, or do not apply when it is necessary. And this leads to a violation of human rights, and in numerous cases of injuries and even casualties among personnel.
It should be noted that there is no experience of such special funds as "Cheremukha-1", "Cheremukha-4," Cheremukha-12 "," Sirena-3 "," cloud "," Wave-P "water cannons. As at the last tactical exercises used fire trucks rebuilding of tubing barrel. During test force water column determined that in order to knock someone upside stream of water should be a force 10.12 atmospheres and applied to the lower legs. By applying torso water column is dangerous to human health. It is easy to imagine that it is quite dangerous special tool administrative suspension. However, the regulations only determined that water cannons are used for dispersal participants riots and temperature of air not below 0C.
It is pertinent to quote how the decision on the application of special means of special operations: "The decision to use special means taken by the official in charge of public order, or the head of a particular operation. The police, acting individually, take such decisions themselves. On the application of these tools are in writing report immediate supervisor stating: when, where and against whom, under what circumstances used special tools and their effects.
On the injury or death, arising from the use of special tools, a police officer shall immediately and notify the immediate superior to notify the prosecutor.
Head of the institution or body interior, commander of the Interior Troops reports for senior level positions. If necessary informed the heads of the local authorities.
In each case, the use of special tools required to police as soon as possible to provide the necessary assistance to victims informing physicians and medical institutions, which have been applied in each case.
That is, there are general conditions for the use of force without gravity of the offense. A similar situation exists with the use of dogs during public order.
According to Article 14 of the Law of Ukraine "On militia" 20.12.1990r. Stated above the Council of Ministers of the USSR, paragraph 2, of the Order of the MIA of Ukraine 28.07.1994r. № 404 "Charter patrol service officers Ukraine" dogs are cleaner and used in public order after the appropriate course and are recognized as suitable for official use. Dogs units in the states official Kennel.
Accordance with the requirements of the Charter of the patrol police service of Ukraine, "the right use of service dogs available to police officers, carrying with them the service. Dogs used for long and short leash, in a muzzle and without it, based on the specific situation that arose.
Statistics on the use of dogs as a special administrative means no stopping. But it is clear that the dog as an animal during the detention fail to control their aggressiveness and determine the nature of the offense, the social dangerousness of the offender and the minimum necessary use of force.
As a result - the degree of harm caused to dogs may not meet the degree of social danger of the offense.
There is another important feature - when detained between a dog and the offender should not be a party, as it responds to the active movements.
In practice, public order, during labor, it cannot be applied because it is dangerous for most police officers.
Famous few cases where during the detention of the offender, commits disobedience, resistance to police officers, dog suffered injuries mistake with law enforcement, as well as during combat policeman attention focused on actions, overcoming the offender against the lawful demands of a police officer and dog executes the command regardless of who directed her actions.
Section 3. Features of special funds for special operations
3.1 Upon termination riots
Before we reveal the features of special means of administrative termination for special operations need to understand the concept that time.
A special operation to curb the riots, detained armed criminals, the liberation of hostages - a complex planned in accordance with the current legislation of Ukraine tactical measures taken by special units of the Interior in a period of time using special tools and equipment to restore law and order.
The reason for the special operations are riots, group violations of public order, accompanied by call to violence offenses negative psychological impact on the surrounding citizens.
Upon termination riots, group violations of public order must always remember that these people are not criminals and the degree of fault of each individual in disarray.
So we should more closely match the special election of the administrative suspension. We have already mentioned the factors that influence the selection of special administrative stopping group violations of public order, or criminal.
Recall that the special administrative means stopping group violations of public order used when not committed acts that contain elements of a crime, that takes into account the degree of public danger of acts perpetrated by the naked crowd.
Consider the application of the safest means of special administrative stopping group violations of public order.
Water cannon (special car tubing barrel).
We immediately note that in accordance with applicable law forbidden to use water cannons at the air below 0C.
In our opinion, no need to knock the legs offenders, just create a wall of rain (artificial splurge) to group members violations experienced significant discomfort. This is one big stream of water is horizontal, and the other - a fan at an angle of 45.
But water ends quickly, so you need 5.6 of these machines, depending on the number of offenders. You can also predict the tank with water to refuel special cars.
Water efficient, especially when adding it safe for health Krasitel, gas "CS" - a certain concentration that does not affect the others, but only to the participants disorder or fail to water current weak current. All this will only cause discomfort, but it is still much more humane than the use of rubber bullets, batons, guns. When you use a special car with tubing barrel should provide its reliable protection. On machines to install sirens and flashing beacons that can be used for psychological effect on the crowd to its dispersal.
Still, as a means of demoralization participants illegal acts require the use of video events. In the crowd psychology of impunity reigns - all it means no. There illusion powers of the human element.
And open shot on video, firstly, may change to some extent the mood of people, and secondly, to help identify the most active violators of public order offenders after stopping group mess. So, in an extreme situation of delay is not possible.
3.2 When capturing an armed offender, the release of hostages
Detention of armed criminal or group of criminals - a difficult task and requires competent, coordinated actions, and special knowledge, skills, abilities, professional skills in other words, achieved multiple exhaust on practical exercises.
Significant negative processes taking place in public life: the fall in living standards and, as a consequence - the impoverishment of the people of Ukraine, the criminalization of the economy, inadequate legislation, failure of the authorities to stop these negative phenomena pose personnel police qualitatively new tasks.
Impertinent crime of our time deepens social tension, promotes insecurity of citizens in personal security. The number of serious crimes involving an attack against human life and health - banditry, murders, robbery ... This increase in the number of armed resistance to the police officers.
The situation is complicated by the fact that the current offender in many cases better armed than the police officer: the availability of modern automatic weapons, means of communication, explosives, move on foreign-made cars that during the pursuit easy to leave behind domestic cars.
Analysis of the practice proves that wrong, inept actions of the police, usually caused by low professional level. The police officers lack the appropriate knowledge and skills. As you know, a high level of training achieved by carrying personnel of systematic theoretical and practical training at a high methodological and organizational level.
This should promote relevant textbooks, manuals, competent, experienced teachers, availability for training the full range of special tools that are in service with the police.
The reason for the special operations are data about the hostage taking, the location of armed criminals (criminals).
These operations must be carried out by the exhaust and agreed beforehand typical plans. That should be a tentative scheme of action in these situations, subject to certain features apprehension of criminals, the liberation of hostages in different conditions: in buildings (apartments, lofts, basements, roof), outdoors, in the forest, vehicle, etc. Requires careful preparation and organization of operations.
For immediate apprehension of criminals should be another unit (platoon, company ...), which during the day is in the number 3 ready for immediate action.
Willing number 1 (personnel armed, equipped, located in vehicles, utility problem set).
Willing number 2 (personnel armed, equipped, located in the offices, communications prepared for work, service task is not set).
Willing number 3 (personnel located in the offices at the barracks position, ready at any moment to run to completion № 2, № 1).
Willingness to carry into number 2 and number 1 next subsection entitled MIA chief in the area, and in urgent cases - a person who temporarily fulfills the duties of chief of the Interior Ministry in the region. If you enter doneness number 2 and number 1 on the decision to be communicated to the team first deputy minister of internal affairs of Ukraine.
The organization of special operations include:
Preparation for special operations;
organization of special operations;
conducting a special operation to apprehend criminals, the release of hostages.
Ukraine as a part of the former great nation gained its independence unexpectedly and, as it turned out, was not ready for self-development. Evidence of this lack, at that time, the relevant government institutions, national idea of the state, a full cycle in the production of his own money, banks, an appropriate legal framework ... In addition inherited political and legal dictates.
Thus, the Ukrainian society, the state itself are in a state of transition from administrative-command system that is inherent totalitarian regime to a socially oriented market economy democratic state. But this transition is under negative pressure of internal and external factors:
- Fighting heteropolar political forces;
- Conflict of legislative and executive branches of government;
- The judicial system needs reform;
- A complex criminal situation (which is only getting worse), growth of organized crime, corruption and theft of state property, serious crimes in budget, finance;
- Criminal privatization of national property, moved for a pittance;
- Imperfect legislation.
As a result, the impact of the above factors in a society in which its citizens feel insecure, cheated, without payment of their labor, without social assistance in accordance minimum, extremely poor and increasing social tensions - the energy of despair.
It seems that there is a category of people who are interested in such a state of society, which used them to purchase one - political and other - criminal capital.
This state of society is the source of riots and social conflicts, which creates conditions for bloody violence, carries a great danger for the Ukrainian people, the Ukrainian statehood.
The necessity of the introduction of comprehensive measures for the protection of public order, which will not solve social problems from a position of strength.
All existing special tools used in stopping illegal acts should be divided into special funds and special administrative remedies criminal suspension, which will develop procedural rules on the application of physical restraint, special vehicles, firearms since the existing legal norms have mostly material nature and not reflect the features of a species of special tools.
These rules of law should have not dispositive, but imperative, that you need a clear procedure for the use of force, the lack of which today leads to a violation of police legitimacy. This confirms the legal analysis of the law that we consider:
- Hypothesis should not be abstract and (tie implementation of legal norms arising, modify or terminate the relationship with certain strictly defined cases "incident");
- Disposition must have at empowering and binding (for business use of force), and the rules that include prohibiting certain actions by citizens in situations that precede the use of force, the disposition must be prohibitory in nature;
- Sanctions should not be an alternative, but absolutely certain, that indicate clearly measure the impact of the state you want to use in violation of the law;
In order to eliminate the above shortcomings, offers diploma during the development of appropriate regulations to follow a certain way of their presentation: when the rule of law and the articles of the law are the same. These groups should separate legal regulation. They may be the law of Ukraine "On protection of public order."
Substantiated unreasonableness empowerment through the use of special tools administrative cease military NSU, SSU, BB MIA of Ukraine, and also offered to specify their role in the protection of public order.
A simplified procedure for obtaining a permit for nationals of events, as well as the necessity of the participation of the executive bodies of local self-government in developing schematic plans for the use of certain types of special tools on the cessation group violations of public order, riots in the territory of village or city council.
Proposals to improve the practice of special funds in the administrative termination of police.
Develop instructions for use separately each special tools;
Disable during public order use dogs as their aggression is not always justified;
Develop plans, typical circuit by the use of special tools for special police operations to seize criminals, release hostages, stopping group of disruption, riots;
Equip police personnel performing duties for the protection of public order, the guns, the structure of which involves firing rubber bullets;
For the purpose of enforcement, personal security police, proposed three level control over the actions of personnel during the above special operations.
Certain provisions of the thesis can be used in the educational process to enhance training of law enforcement officers, especially management-level employees on the management of special operations.
The need to introduce the states of the internal affairs office inspector to train police legal, organizational and tactical considerations apply special means of administrative suspension.
The first who thoroughly examined the nature of these measures, the reasons and procedures for their use, was OM Bandurka. Rightly is his opinion that the measures of administrative termination of special purpose complex is exceptional, extraordinary means of administrative and legal exposure. Their use is usually the prerogative of the police, which distinguishes them from the general purpose termination event that are used in many of the subjects of the administrative and legal protection. Noteworthy is that the base and the application of special measures mainly settled law that defines the legal status of police (including the application of these measures in other organs).
Analysis of departmental regulations and practices of police units Ukraine shows that the legal regulation of their activities, there are many problems to be solved as soon as possible.
safety employee administrative police
1. The Constitution of Ukraine of 28.06.1996, the
2. Law of Ukraine "On Militia" from 20.12. In 1990
3. Law of Ukraine "On the State Tax Service of Ukraine" dated 04.12.1990, the
4. Law of Ukraine "On the Internal Troops of the Ministry of Internal Affairs of Ukraine" 26.03.92r.
5. Law of Ukraine "On the participation of citizens in the protection of public order, border" from 01.08.00r.
6. Law of Ukraine "On citizens' appeals from 23.10.96r.
7. Order of MIA of Ukraine № 414 "On approval of the procedure for reviewing instructions suggestions, complaints and personal reception of citizens in the police department, internal forces, institutions of higher education, institutions, organizations and enterprises of the MIA of Ukraine" 10.06.98r.
8. Hadыshev VA Statystycheskyy analysis and forecasting socio-economic processes in the internal affairs (MVD Liga on Ukrainskaia SSR). - Moscow: Academy of the USSR Ministry of Internal Affairs, Ministry of Internal Affairs of the USSR HYTS, 1989
9. Report to the Ukrainian people on the operational activity of the Interior in 1998. - The name of the law, № 7, 1999.
10. AI Saturday, AI Zharov, V. Korneyev. "Safety professional employees PM»-Irpin 2006
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