It should be noted that the Federal Law “On Police” does not establish restrictions on the circle of persons on the use of physical force.
To suppress crimes and administrative offenses, physical force is used primarily in relation to acts that are committed through action. When committing acts through inaction, physical force can be used to overcome the opposition of the offender, or to detain him. Speech in the Law is only about the termination of administratively or criminally punishable acts.
To deliver to the office of a territorial body or police unit, to the premises of a municipal body, to another office of persons who have committed crimes and administrative offenses, and to detain these persons, physical force is used in order to deliver (transport) persons to the place of proceedings (for example, in precinct point, duty department of the internal affairs body).
In this case, detention should be understood, in particular, the actions of a police officer to capture a person who has committed a crime and deliver him to the internal affairs body for further investigation and the application of a measure of criminal procedural restraint to him.
To overcome opposition to the lawful demands of a police officer, physical force is used, first of all, in connection with the commission of acts committed in the form of inaction. For example, to overcome such forms of opposition as disobedience to a police officer (Article 19.3 of the Code of Administrative Offenses of the Russian Federation), expressed in the refusal to obligatory execution of legal, as a rule, repeatedly repeated orders and requirements of a police officer, in connection with the performance of his duties to protect public order and ensuring public safety, as well as obstructing the performance of his official duties. The need to use physical force arises when obligated persons refuse to comply with the following legal requirements of a police officer:
a) proceed to the specified place, stay in place or leave it;
b) provide free access to any premises, territory, vehicle or other object;
c) ensure free access to any persons, objects or documents.
At the same time, the use of physical force cannot be justified if the relevant persons refuse to comply with such legitimate demands of police officers, such as, for example, to give the necessary explanations or to audit the financial and economic activities of the organization, etc.
Disobedience can be expressed in a defiant way, indicating a manifestation of obvious disrespect for persons protecting public order.
Thus, the use of physical force and special means by police officers, as well as the use and use of firearms, are strictly regulated by the Federal Law “On Police” and are applied only when the conditions specified in the Law occur.
The procedure for the use of physical force, special means and firearms by police officers
The procedure for the use of physical force, special means and firearms includes a list of actions of a police officer provided for by law in the event of conditions that allow him to resort to these means of coercive influence.
If the grounds for the application of special measures of administrative restraint indicate when, in what cases they can be resorted to, then the procedure for application is how, in what way this should be done.
It consists of three main stages , namely: the actions of a police officer immediately before the application, at the very moment and after the application of special measures of administrative restraint.
The necessity and sequence of performing individual actions at each of the listed stages depends on the characteristics of the situation at the scene during the suppression of a socially dangerous act and the consequences that occurred after the use of physical force, special means and firearms.
Among the actions of a police officer before using physical force, special means or firearms , the following should be highlighted:
Inform persons against whom the use of physical force, special means or firearms is intended that he is a police officer.
Warn of your intention and give them the opportunity and time to comply with the lawful demands of the police officer. (In the case of the use of physical force, special means or firearms as part of a unit (group), the specified warning is made by one of the police officers included in the unit (group).
A warning about the intention to use firearms is given by voice and (or) shots upward or in another direction, excluding the defeat of unauthorized persons or damage to their property by a direct hit or ricochet of bullets.
A police officer has the right not to warn about his intention to use physical force, special means or firearms, if the delay in their use creates a direct threat to the life and health of a citizen or a police officer, or may entail other grave consequences.
When using physical force, special means and firearms, a police officer must be guided by the following provisions:
Act taking into account the current situation, the nature and degree of danger of the actions of persons against whom physical force, special means or firearms are used, the nature and strength of their resistance.