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 ensures public order, protection of the population and national security. One of the important components of its activities is the use of special means (munitions), which are regulated by law. The legal regulation of the use of special means ensures the legality and legitimacy of the actions of the NGU servicemen and women, and guarantees the protection of human rights and civil liberties. In this article, we will examine the basics of legal regulation of the use of special means by the National Guard, the types of special means, the conditions and procedures for their use, as well as challenges and recommendations for improving regulation in this area.
Legislative regulation
TheConstitution of Ukraine: The fundamental law of the state, which enshrines the rights and freedoms of man and citizen. Article 27 of the Constitution of Ukraine guarantees the right to life, stating that the protection of human life is the highest value. Article 28 prohibits torture, cruel, inhuman or degrading treatment.
Law of Ukraine "On the National Guard of Ukraine": Defines the legal status, tasks and functions of the NGU, including the use of special means. The law stipulates that servicemen have the right to use special means to perform their duties in cases specified by law.
TheLaw of Ukraine "On Militia": Some of the provisions of this law also apply to the NGU, regulating the use of special means to ensure public order and security.
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": Establishes a specific procedure for the use of special means, their types and conditions of use.
International standards: Ukraine adheres to international standards and principles on the use of force and munitions, including UN documents, the European Convention on Human Rights and other international treaties protecting human rights.
Types of special equipment
Personal protective equipment: Includes bulletproof vests, helmets, gas masks and other protective equipment that ensure the safety of servicemen and women during the performance of their duties.
Active defence equipment: Includes rubber batons, stun guns, tear gas, water cannons, stun grenades and other means used to stop offences and ensure public order.
Special vehicles: Includes armoured vehicles, riot control vehicles, vehicles for transporting detainees and other specialised vehicles.
Surveillanceand 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, ensuring the protection of human rights and adherence to the principles of legality.
Necessity: Special means may be 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, servicemen must warn of their use and provide an opportunity to stop the unlawful actions, if possible.
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 the level of 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 and women must 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 munitions 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.
Legal regulation of the use of special means by the National Guard of Ukraine is an important aspect of ensuring national security and public 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.
So, it doesn't matter whether you consult a lawyer or a lawyer's advice. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
