Publication date: 03.07.2024
Procedure for engaging the National Guard in public order protection
The National Guard of Ukraine (NGU) plays a key role in ensuring public order and security in the country. Its functions include the protection of public order, combating crime and ensuring security during mass events. In this article, we will examine the legal framework and procedure for the National Guard's involvement in public order protection, including its main tasks, procedures and legal guarantees.
Legal framework
TheConstitution of Ukraine: The fundamental law of the state, which establishes the foundations of law and order and human rights. Article 17 of the Constitution of Ukraine stipulates that the protection of human rights and freedoms is the main duty of the state.
Law of Ukraine "On the National Guard of Ukraine": The main legal act regulating the activities of the NGU, defining its tasks, functions and powers. The law provides for the possibility of engaging the NGU in the protection of public order in the event of emergencies or mass disorders.
TheLaw of Ukraine "On the Legal Regime of the State of Emergency": Defines the legal regime, the procedure for introducing and enforcing the state of emergency, and the powers of the authorities, including the NGU, during the state of emergency.
Resolutions of the Cabinet of Ministers of Ukraine and decrees of the President of Ukraine: Define specific measures and procedures for the involvement of the NGU in the protection of public order in various situations.
Main tasks of the National Guard in public order protection
Ensuring public order during mass events: The NGU is involved in the protection of public order during mass events, such as rallies, demonstrations, sporting events, concerts and other public events.
Combatingmass disorders: In the event of mass riots or disturbances, the NGU is involved in neutralising them and restoring public order.
Protection ofimportant facilities: The NGU provides protection of strategic facilities, state institutions, diplomatic missions, critical infrastructure and other important objects.
Ensuring law and order during emergencies: In the event of a state of emergency or emergencies, the NGU is involved in ensuring public order and safety of the population.
Procedure for engaging the National Guard in public order protection
Decision-making on the involvement of the NGU: The decision to engage the NGU in public order protection is made by the President of Ukraine or the Cabinet of Ministers of Ukraine depending on the situation and the level of threat. In case of emergency situations, the decision may be taken by local authorities.
Issuance of anorder to engage the NGU: Based on the decision taken, a relevant order or instruction is issued to engage the NGU in public order protection. The order defines specific tasks, units to be involved and timeframes for completing the tasks.
Organisation and planning of events: The NGU command organises and plans public order measures, including the allocation of forces and means, determination of patrol routes, locations of units and other aspects of the operation.
Performing tasks: The NGU performs public order tasks in accordance with approved plans and orders, ensuring the safety of citizens, preventing offences and responding to threats.
Control and reporting: After completion of tasks, the results of the operation are monitored and evaluated, reports are prepared and the effectiveness of measures is analysed. The NGU command submits reports on the performance of tasks to the authorities that made the decision to engage.
Rights and obligations of servicemen of the NGU during public order protection
Rights of servicemen:
- Use of special means: Servicemen have the right to use special means to ensure public order, including rubber batons, tear gas, stun guns and other means.
- Use ofphysical force: If necessary, military personnel may use physical force to stop offences or protect citizens.
- Detention of offenders: Military personnel have the right to detain persons who commit offences and hand them over to the police for further investigation.
Duties ofmilitary personnel:
- Compliancewith the law: Servicemen and women are obliged to act in accordance with the legislation of Ukraine, respecting the rights and freedoms of citizens.
- Ensuring public order: The main duty of servicemen and women in public order is to ensure the safety of citizens and prevent offences.
- Reports and accountability: Servicemen and women are obliged to draw up reports and statements on the performance of tasks, indicate the circumstances and results of the use of special means and the detention of offenders.
Challenges and problems with the involvement of the NGU in public order protection
Insufficient training: Insufficient training of servicemen can lead to human rights violations and excessive use of force during public order tasks.
Psychological stress: The high level of stress and psychological strain during mass events or riots can affect the adequacy of the actions of military personnel.
Logisticalsupport: Insufficient provision of special equipment, transport, communications and other resources can create additional difficulties in performing tasks.
Coordination with other law enforcement agencies: Effective coordination with the police, the SSU and other law enforcement agencies is essential for the successful implementation of public order tasks.
Recommendations for improving the process of engaging the NGU in public order policing
Increase thelevel of training: Ensure proper training of military personnel, including regular training, refresher courses and participation in public order exercises.
Providing psychological support: Developing psychological support and rehabilitation programmes for military personnel to help reduce stress and increase combat readiness.
Improving logistics: Improving the level of logistical support for the NGU units, including upgrades!
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