Publication date: 02.07.2024
Legal regulation of the use of special means by the National Guard
Introduction
The National Guard of Ukraine (NGU) is a military formation with law enforcement functions that plays a key role in ensuring national security and public order. One of the important aspects of its activities is the use of special means to perform its duties. The legal regulation of the use of special means is necessary to ensure the legality and legitimacy of the actions of the NGU servicemen. In this article, we will consider the legal basis, procedure and conditions for the use of special means by the National Guard of Ukraine, as well as challenges and recommendations in this area.
Legislative regulation
TheConstitution of Ukraine: The fundamental law of the state that defines the general principles of law and order and human rights. Article 27 of the Constitution guarantees the right of every person to life and stipulates that the protection of human life is the duty of the state.
TheLaw of Ukraine "On the National Guard of Ukraine": The main legal act regulating the activities of the NGU defines its legal status, tasks and powers, including the use of special means.
TheLaw of Ukraine "On Police": Partially regulates the use of special means, as some provisions of this law apply to the law enforcement functions of the NGU.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Regulation on the Procedure for the Use of Special Means by the National Guard of Ukraine": The Resolution establishes a specific procedure for the use of special means, their types and conditions of use.
International standards: Ukraine, as a member of the international community, must adhere to international standards and principles on the use of force and munitions, including the provisions of the UN and the European Convention on Human Rights.
Types of special equipment
Personal protective equipment: Includes bulletproof vests, helmets, gas masks and other equipment that provide protection to military personnel during the performance of their duties.
Active defence equipment: Includes rubber batons, stun guns, tear gas, water cannons, stun grenades and other means designed to stop offences and ensure public order.
Special vehicles: Includes armoured vehicles, special vehicles for dispersing mass riots, vehicles for transporting detainees, etc.
Surveillance and control equipment: Includes video cameras, drones, electronic warfare equipment and other technical means for monitoring and controlling the situation.
Conditions for the use of special means
Legality: The use of special means must comply with Ukrainian legislation and international standards, ensure the protection of human rights and adhere to the principles of necessity and proportionality.
Necessity: Special means are used only in cases where it is necessary to protect human life and health, ensure public order, prevent offences or stop unlawful acts.
Proportionality: The use of special means must be proportionate to the threat that has arisen and not exceed the necessary limits to achieve the goal.
Warning: Before the use of special means, if possible, the servicemen of the NGU should warn about their use and provide an opportunity to stop the unlawful actions.
Procedure for the use of special means
Decision-making: The decision to use special means is made by the unit commander or other authorised officer in accordance with the situation and threat.
Use ofmeans: The use of special means is carried out in accordance with approved instructions and orders, in compliance with the requirements of the law and the principles of necessity and proportionality.
Documentation: After the use of special means, servicemen are obliged to draw up a report, which indicates the circumstances, grounds and consequences of the use, as well as witness statements and other evidence.
Investigation: In the event of bodily harm or other serious consequences, an internal investigation is conducted to establish the legality of the use of special means and to bring to justice those responsible if violations are found.
Challenges and problems in the use of special equipment
Insufficient training: Insufficient training of military personnel in the use of special means can lead to human rights violations and excessive use of force.
Bureaucratic procedures: Complex and time-consuming procedures for documenting and investigating the use of special means can hamper the efficiency and effectiveness of the NGU's actions.
Moral and psychological factors: High levels of stress and psychological pressure in the performance of official duties may affect the adequacy and proportionality of the use of special means.
Legal regulation: Insufficiently clear legal regulation and lack of detailed instructions can create legal uncertainty and difficulties in the use of restraints.
Recommendations for improving the legal framework
Increase thelevel of training: Ensure that NGU personnel are adequately trained in the use of special means, including regular training, refresher courses and participation in exercises.
Development of detailed instructions: Develop and approve detailed instructions on the use of special means, taking into account international standards and human rights principles.
Ensure transparency and accountability: Establishing mechanisms for transparency and accountability in the use of special measures, including regular inspections, monitoring and public reporting.
Psychological support: Ensure psychological support and rehabilitation of military personnel involved in situations requiring the use of special means.
Conclusion.
The legal regulation of the use of special means by the National Guard of Ukraine is an important aspect of ensuring national security and law and order. The main principles of the use of special means include legality, necessity, proportionality and prevention. At the same time, the effective use of special means faces a number of challenges, including insufficient training, bureaucratic procedures, moral and psychological factors and legal uncertainty.
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