Publication date: 28.05.2024
Amendments to the Law of Ukraine "On the National Guard of Ukraine" regarding the improvement of legal measures for the application of measures by servicemen of the National Guard of Ukraine
Introduction
The possibility of improving the legal basis for the use of coercive measures by military personnel of the National Guard of Ukraine (NGU) is launched in connection with the need to increase the efficiency of the performance of official duties, protection of the rights and freedoms of citizens, as well as ensuring public safety. Amendments to the Law of Ukraine "On the National Guard of Ukraine" are aimed at clarifying and expanding the legal grounds for applying coercive measures, defining the conditions and limits of their use.
Purpose of legislative changes
The main purpose of making changes is:
Increasing the effectiveness of NSU activities. This includes providing a legal basis for prompt response to threats.
Protection of the rights and freedoms of citizens. This is to ensure compliance with legal norms and prevent abuse during the application of coercive measures.
Ensuring public safety. This will contribute to the effective performance of the NGU's tasks in ensuring public order and fighting crime.
Major changes to the Law of Ukraine "On the National Guard of Ukraine"
1. Expansion of the list of coercive measures
The changes provide for the expansion of the list of coercive measures that can be used by NSU military personnel:
Use of special means. Definition of clear conditions and methods of using special means, such as tear gas, rubber bullets, electric shockers, etc.
Use of physical force. Determination of the basis for the use of physical force, as well as the limits of its use.
Use of service animals. Determination of the conditions and procedure for the use of service dogs and other animals during the performance of official tasks.
2. Clarification of the conditions for the use of firearms
The changes provide for clarification of the conditions for the use of firearms by military personnel of NSU:
Use of firearms in other cases. Determination of clear reasons for the use of firearms, such as a threat to the life or health of citizens or military personnel.
Ensuring the proportionality of the use of firearms. Limiting the use of firearms to avoid excessive use of force.
3. Introduction of new control and monitoring procedures
The changes provide for the introduction of new control and review procedures for the application of coercive measures:
Internal control. Introduction of mandatory internal inspections of the use of coercive measures, in particular firearms and special means.
External view. Establishing mechanisms for external monitoring of NSU activities, including independent commissions and public organizations.
4. Increasing responsibility for exceeding authority
The changes provide for increasing the responsibility of NSU military personnel for exceeding their authority during the application of coercive measures:
Introduction of administrative and criminal liability. A clear definition of the types of damage and responsibility for exceeding authority during the use of physical force, special means and firearms.
Protection of victims' rights. Establishment of compensation mechanisms for damage caused as a result of improper application of coercive measures.
5. Improvement of training and training procedures for military personnel
The changes provide for the introduction of new programs of training and training of NSU military personnel regarding the use of coercive measures:
Mandatory training on human rights. Introduction of courses and trainings on human rights and ethics for NSU military personnel, which will increase their awareness and compliance with legal norms during the performance of official duties.
Preparation for the use of special means. Implementation of special training programs that will cover the use of tear gas, rubber bullets, stun guns and other special means, which will ensure their correct and safe use.You may be interested in the following articles: Analysis, consultation, evaluation. legal analysis of the situation, lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Training in the use of service animals. Development of training programs for the use of service dogs and other animals, which will increase the efficiency and safety of their use in official activities.
6. Cooperation with other law enforcement agencies
The changes provide for the establishment of mechanisms for effective cooperation between the NSU and other law enforcement agencies of Ukraine:
Exchange of information and coordination of actions. Implementation of a system of information exchange and coordination of actions between NSU and the police, SBU and other law enforcement agencies for prompt response to threats.
Joint operations and training. Organization of joint operations and exercises with other law enforcement agencies, which will contribute to increasing the level of training and coordination of actions of NSU military personnel.
Conclusion
The proposed amendments to the Law of Ukraine "On the National Guard of Ukraine" are aimed at improving the legal basis for the use of coercive measures by servicemen of the National Guard of Ukraine.
