Publication date: 29.04.2024
Ukraine, like any other country, faces a variety of situations that require an effective response from law enforcement agencies. An important component of the performance of police officers' duties is the ability and willingness to use coercive measures in accordance with the established procedure.
The legal basis for the use of coercive measures by the police is determined by the Law of Ukraine "On the National Police". According to this law, police officers have the right to apply coercive measures only in cases provided for by law and in accordance with the established procedure.
Types of coercive measures
Coercive measures prescribed by law, which can be applied by the police, are:
1. Physical impact, such as detention, use of special self-defense techniques.
2. Use of special means.
3. Use of firearms in accordance with established rules and conditions.
Physical influence involves the use of any physical force or special fighting techniques to stop the illegal actions of offenders.
Special means are technically suitable devices and objects that are designed to protect people from injury by various objects or to limit human will. Among such means, we can mention rubber and plastic batons, electric shock devices, means of restricting mobility (handcuffs), tear agents, traffic stopping mechanisms, special means of marking and marking, light and sound devices, means and grenades for forcibly opening water cannon premises, and others.
Firearm. Police officers have the right to use firearms only in cases where other means are insufficient or ineffective, and in accordance with clearly established rules and conditions.
Conditions for applying coercive measures
Coercive measures may be applied by the police in the following cases:
1. To protect one's own life and the lives of others.
2. To prevent or stop illegal actions that threaten the life, health or property of citizens.
3. To detain persons who have committed or are attempting to commit a crime.
4. In cases provided by law, to ensure public order and safety.
The procedure for applying coercive measures
The application of coercive measures by the police requires compliance with a certain procedure:
Warning the person about the possible application of coercive measures, providing sufficient time to fulfill the legal request of the police officer.
Taking coercive measures only in cases where other means of influence are insufficient or ineffective.
In accordance with the established rules and conditions defined by law, a report on the application of coercive measures must be drawn up.
The use of physical force, special means and firearms against women with signs of pregnancy, minors, persons with obvious signs of limited capabilities or the elderly is prohibited, except when they commit an armed or group attack, show armed resistance to a police officer, which poses a threat life and health of other persons or police officers, and repelling such an attack or resistance by other means and methods is impossible.Police officers must provide medical assistance to victims of coercive measures.
During the martial law, policemen are given the right to use coercive measures and any other improvised means without some restrictions, in particular in cases of repelling an attack, arresting criminals and others.
During martial law, the police have the right to apply coercive measures against persons acting on the side of the aggressor against Ukraine, without any prohibitions or demands.
An important condition is that the police officer must immediately stop the use of coercive measures after achieving the expected result. In addition, the use of personal protective equipment by the police is not considered a coercive measure.
Correct application of coercive measures is an important component of police work. The legality and validity of such measures ensure not only public safety, but also trust in law enforcement agencies. It is important that police officers always act within the law and in accordance with general moral and ethical standards.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, after conducting a legal analysis of a specific situation, will provide representation and defense in court and will take part in court hearings in any city in Ukraine. A lawyer in court and a trial with a lawyer is a guarantee of high-quality protection of your rights and interests.
