Publication date: 31.05.2024
The procedure for the use of firearms by the police
Introduction
The use of firearms by the police is an extreme measure of coercion that is strictly regulated by Ukrainian law. According to the Law of Ukraine "On the National Police" (the "Law"), representatives of the national police may use firearms under certain conditions and in a certain manner. This article discusses the legal grounds, cases and procedures for the use of firearms by the police, as well as situations when firearms may be used without warning.
The main part
Cases when the police may use weapons
The legislation contains an exhaustive list of exceptional cases when a representative of the national police may use firearms. In accordance with Article 46(4) of the Law, a police officer is authorized to use firearms in the following situations:
- Repulsing an attack on a police officer or his/her family members: in case of a threat to their life or health.
- Protection of persons from attack: what threatens their life or health.
- Release of hostages or persons illegally deprived of their liberty.
- Repulsing attacks on protected facilities: convoys, residential and non-residential premises, as well as liberating such facilities in case of their seizure.
- Detention of a person caught in the act of committing a grave or especially grave crime and trying to escape.
- Apprehension of a person who is engaged in armed resistance: trying to escape from custody, as well as an armed person who threatens to use weapons and other objects that threaten the life and health of people and/or a police officer.
- Stopping a vehicle by damaging it: if the driver's actions endanger the life or health of people and/or a police officer.
- Compulsory termination of an unmanned aircraft flight: if there are reasonable grounds to believe that such an aircraft is being used to commit an offense or poses a threat to the life or health of people and/or a police officer.
When can a police officer use a firearm without a..;
warning?
Part 6 of Article 46 of the Law defines the cases when a police officer may use firearms without warning:
- When a person detained by a police officer with a firearm in his hands tries to approach him by reducing the distance determined by him or touch the weapon.
- In the event of an armed attack: as well as in the event of a sudden attack with the use of military equipment, vehicles or other means that threaten human life or health.
- If a person detained or arrested for committing a particularly serious or grave crime escapes using a vehicle.
- If the person is putting up armed resistance.
- To stop an attempt to take possession of firearms;
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Instructions for handling weapons
Before using firearms, a police officer must follow a certain procedure, in particular:
- Warning a citizen: The police officer is obliged to inform the citizen (by voice, loudspeaker or sound amplifier) that weapons may be used in case of non-compliance with his/her lawful demands.
- Providing time to stop the illegal actions: After being warned, the person should be given sufficient time to stop the unlawful activity. Only if the officer's demands are ignored may he or she use firearms.
According to the law, a police officer has the right to put a firearm on alert if he or she believes that the situation may give rise to grounds for its use. If a police officer is already holding a weapon and the detained person tries to close the distance or touch the weapon, the police officer has the right to use the weapon.
Conclusion.
The use of firearms by the police is a measure of last resort that is subject to strict control and regulation. The Law of Ukraine "On the National Police" clearly defines the circumstances and procedure for the use of weapons to ensure the protection of life and health of citizens and law enforcement officers, as well as the protection of protected facilities. It is important that police officers follow the established procedures for warning and providing time to stop unlawful actions, unless the law allows the use of weapons without warning.
Adherence to these rules helps to respect the rights and freedoms of citizens and provides a legal basis for police actions in extreme situations. Establishing clear instructions on the use of weapons and an exhaustive list of cases of their use helps to avoid abuse and ensure the legitimacy of law enforcement activities.
