Use of physical force by border guards. Chapter three use of weapons by border guards. §2. The procedure for the use of special means by employees of the FSB of Russia
Legal basis for the use of weapons by military personnel
while protecting the state border
Legal basis for the use of weapons by military
at the State Border Guard
, candidate of legal sciences, associate professor, ***** @ *** ru.
Shcherbak SI, PhD, Associate Professor.
The article shows contemporary problems, necessitating the use of weapons by military personnel in the performance of official tasks for the protection of the state border. The provisions of new legal acts regulating the use of weapons are analyzed and explained.
The article shows the current problems, why they need the use of weapons by military personnel when performing their tasks for the protection of state borders. Analyzes and explains the provisions of new legislation regulating the use of weapons.
State border, military personnel, weapons, grounds for the use of weapons, conditions for the use of weapons, procedure for the use of weapons.
The state border, the military, weapons, weapons of reason, the terms of use of weapons, the use of weapons.
The third factor explaining the attention to this problem is associated with the fact that weapons in the defense and protection of the state border Russian Federation not only border guards, but also servicemen of the Armed Forces of the Russian Federation and the Internal Troops of the Ministry of Internal Affairs of the Russian Federation have the right to use. Part eight of Art. 35 of the Law of the Russian Federation of April 1, 1993 "On the State Border of the Russian Federation" (hereinafter - the Law on the Border) establishes that "Servicemen of other bodies of the federal security service, as well as servicemen of the Armed Forces of the Russian Federation and other troops and military formations Of the Russian Federation, involved in the protection of the State Border, may use weapons and military equipment in accordance with the requirements of this article ", and clause 2 of the Procedure for the use of weapons specifies that weapons during the protection of the state border are used by" servicemen of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation, recruited on the basis of plans of interaction and joint decisions of the relevant federal bodies executive power to protect the state border, including to participate in border searches and operations, as well as to assist in the protection of internal sea \u200b\u200bwaters, territorial sea, exclusive economic zone and continental shelf of the Russian Federation ”. Consequently, all servicemen, if they are involved in the defense and protection of the state border, must know the legal basis for the use of weapons. Note that the correct use of weapons implies compliance with the established legislation legal framework.
This article aims to explain to servicemen participating or potentially capable of participating in the protection of the state border the rules for the use of weapons, and thereby contribute to ensuring the rule of law in the exercise of power, since, as A. Telminov rightly notes, “... whatever one may say, another five years, otherwise and ten bullets will fly in the Omsk steppe ”. The creation of the Customs Union of Russia, Belarus and Kazakhstan may affect the nature of the use of coercion, but other sections of the state border remain, no less tense in this regard.
What are the modern legal foundations governing the rules for the use of weapons by officials performing tasks to protect the state border of the Russian Federation? To what extent do they provide the ability to quickly make legal decisions on the use of weapons?
Russian legislation that grants officials the right to use weapons while guarding the state border is based primarily on the norms of international law. Art. 3 of the Universal Declaration of Human Rights of December 10, 1948 provides: "Everyone has the right to life." This right was specified in paragraph 1 of Art. 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, November 4, 1950): “The right of every person to life is protected by law. No one may be deprived of his life intentionally except in the execution of a sentence of a court imposed for a crime for which such punishment is prescribed by law. "
Item 2 and 3 of Art. 12 of the International Covenant on Civil and Political Rights (New York, December 19, 1966) establish:
“2. Everyone has the right to leave any country, including his own.
3. The aforementioned rights may not be subject to any restrictions other than those provided by law, necessary for the protection of national security, public order, health or morals of the population or the rights and freedoms of others, and are compatible with other rights recognized in the present Covenant ”.
Resolution of the Government of the Russian Federation of February 24, 2010 N 80
"On approval of the Rules for the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation"
The Government of the Russian Federation decides:
1. To approve the attached Rules for the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation.
2. To declare invalid:
resolution of the Government of the Russian Federation of October 14, 1996 N 1208 "On approval of the Procedure for the use of weapons by warships and aircraft Federal Border Service of the Russian Federation for the Protection of the Exclusive Economic Zone and the Continental Shelf of the Russian Federation "(Collected Legislation of the Russian Federation, 1996, No. 43, Art. 4921);
decree of the Government of the Russian Federation of January 8, 1998 N 20 "On approval of the Procedure for the use of weapons and military equipment in the protection of the state border of the Russian Federation" (Collected Legislation of the Russian Federation, 1998, N 2, Art. 273);
resolution of the Government of the Russian Federation of September 9, 1999 N 1028 "On Amendments and Additions to the Resolution of the Government of the Russian Federation of October 14, 1996 N 1208" (Collected Legislation of the Russian Federation, 1999, N 38, Art. 4541).
rules
the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation
(approved by the decree of the Government of the Russian Federation of February 24, 2010 N 80)
With changes and additions from:
1. These Rules regulate the procedure for the use of weapons (small arms, artillery, small arms and cannons, missiles) and military equipment (ships, boats, patrol vessels (hereinafter - border ships), helicopters and aircraft (hereinafter - aircraft) in the implementation of protection and security the state border of the Russian Federation (hereinafter - the state border) within the border territory, protection of internal sea waters, the territorial sea of \u200b\u200bthe Russian Federation and their natural resources, protection of the exclusive economic zone of the Russian Federation and its natural resources, protection of the continental shelf of the Russian Federation and its natural resources, protection and protection of economic and other legitimate interests of the Russian Federation within the border territory, the exclusive economic zone and the continental shelf of the Russian Federation.
2. Weapons and military equipment are used in accordance with these Rules:
a) servicemen of the border and other bodies of the federal security service as part of border detachments, inspection teams, crews of border ships and other units intended to ensure the border activities of the federal security service (hereinafter referred to as employees), in the performance of their official duties;
b) servicemen of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation, involved on the basis of plans of interaction and joint decisions of the relevant federal executive authorities in the protection of the state border, including for participation in border searches and operations, as well as assistance in protection of internal sea waters, territorial sea, exclusive economic zone and continental shelf of the Russian Federation.
3. Weapons and military equipment are used against persons, Russian and foreign sea, river vessels, and other vehicles that have violated the rules for crossing the state border established by the legislation of the Russian Federation and international treaties of the Russian Federation, the rules for the navigation and stay of foreign warships in the territorial sea, in internal sea \u200b\u200bwaters, legal regimes of the exclusive economic zone and the continental shelf of the Russian Federation, fishing rules and other requirements established in accordance with the legislation of the Russian Federation in the internal sea waters, in the territorial sea, the exclusive economic zone, on the continental shelf of the Russian Federation (hereinafter, respectively, violators, offending ships).
4. Weapons and military equipment are used in the cases and in accordance with the requirements provided for by the legislation of the Russian Federation and the norms international law.
5. In case of prevention of attempts to hijack an aircraft abroad without passengers, weapons and military equipment are used by employees when the aircraft is on the ground within the territory of the aerodrome (airport).
6. If foreign submarines and other underwater vehicles are detected that have entered (stay) within the internal sea waters and the territorial sea of \u200b\u200bthe Russian Federation not on the surface, the commander of the border ship (aircraft) reports on their detection to the control command post and acts on his instructions.
The command post, which controls the border ship (aircraft), notifies the interacting command post of the Navy about the detection of a submarine.
Upon arrival in the area of \u200b\u200bdetection of the submarine anti-submarine ship (aircraft or helicopter) of the Navy, the border ship (aircraft) establishes communication with him and transmits contact with the submarine.
7. The weapons of border ships (aircraft) may be used in hot pursuit of violating ships in internal sea waters, in the territorial sea, the exclusive economic zone and over the continental shelf of the Russian Federation, as well as outside them before the entry of these ships into the territorial sea your country or a third country, if:
a) the pursuing border ships (aircraft), other forces and means of the federal executive authorities, rendering them assistance within the limits of their competence, shall ascertain by means at their disposal and practically applicable means that the pursued intruder ship or one of its boats ( other floating craft), which act jointly and use the pursued intruder as a base vessel, are in internal sea waters, in the territorial sea or (as the case may be) in the exclusive economic zone and over the continental shelf of the Russian Federation;
b) the pursuit of the offending vessel was started only after the border ship (aircraft) provided visual or sound signal about stopping from a distance allowing the intruder to see or hear this signal, which the intruder ignores while attempting to escape;
c) the persecution was carried out continuously from the moment it began until the decision to use weapons was made.
8. The aircraft from which the order to stop is given, before a decision is made to use weapons at the violating vessel, must itself actively pursue the violating vessel, while any border ship (aircraft), as well as other state vessels and aircraft assisting in the protection of the internal sea waters, the territorial sea, the exclusive economic zone and the continental shelf of the Russian Federation, caused by the pursuing aircraft, will not arrive at the site to continue the pursuit, unless the pursuing aircraft can itself detain the intruder.
The right to use weapons in pursuit of an intruder in hot pursuit terminates when the intruder enters the territorial sea of \u200b\u200bits own or a third state.
9. When using weapons and military equipment, employees, commanders of border ships (aircraft) must:
a) give the violator (the violating vessel) the warning commands (signals) about stopping accepted in international practice, making it possible to see or hear them in order to fulfill the requirement;
b) warn the violator (the violating vessel) of the intention to use weapons and military equipment, if the request to stop is not met, except when they are used without warning;
c) make sure that the intruder (intruder ship) does not comply with the commands (signals) given and does not respond to a warning about the intention to use weapons and military equipment;
d) take measures to prevent bullets (shells) from hitting the territory of a neighboring state, except in cases of repulsing an armed invasion or attack from the territory of this state into the territory of the Russian Federation or suppressing armed provocations on the state border;
e) make efforts to reduce possible damage and preserve people's lives during the pursuit and detention of the offender (violator vessel) and (or) prevent the occurrence of other serious consequences (bullets (shells, missiles) hitting third (unauthorized) persons, other vessels, etc. aircrafts);
f) ensure the provision of medical assistance to the wounded;
g) immediately report to immediate commanders (chiefs) on each case and circumstances of the use of weapons and military equipment and the actions of the violator (the violating vessel);
h) comply with the requirements for security measures provided for by instructions (manuals, manuals and regulations) when using the appropriate types of weapons and military equipment.
10. The choice of specific types of weapons and military equipment, methods of their use and their correct control are carried out:
a) as part of a border detachment, inspection group, patrol, crew or units designed to ensure border activities, as well as in locations or in other locations (quarters) of border agencies - by the respective commanders (chiefs) or senior, as well as independently employees;
b) as part of the crew of a border ship (aircraft) - the commander of a border ship (aircraft), who is personally responsible for the use of standard weapons.
11. The use of weapons and military equipment must be preceded by a warning, except for the cases of their use without warning.
A warning about the use of weapons and military equipment is carried out by giving the offender (the violating vessel) warning commands (signals) adopted in international practice with the requirement to stop from a distance allowing the violator (the violating vessel) to see or hear such commands (signals).
12. If the intruder (intruder ship) does not obey the commands (signals) and tries to hide, warning shots are fired by the officers, the border ship (aircraft).
13. The decision to fire warning shots is made by:
a) as part of a frontier squad - a senior frontier squad or employees independently, depending on the current situation;
b) on a border ship (on board an aircraft) - the commander of a border ship (aircraft);
c) on a patrol ship - the commander of the inspection group;
d) when an employee, border guard, inspection group or other unit designed to support border activities is on the violating vessel - the senior border guard, the commander of the inspection group or other unit designed to ensure border activities, or an employee independently, depending on the prevailing setting.
14. When firing warning shots, the border guard detachment, the inspection team, the crew of the border ship (aircraft), the employees must take measures to ensure their own safety in the event of a return fire.
15. Before the use of weapons to kill, except for the cases of their use without warning, depending on the prevailing situation, warning shots may be fired from small arms, artillery, small arms and cannons or missiles.
16. Employees, when performing their official duties as part of border patrols, inspection teams and other units designed to ensure border activities, shall fire warning shots from small arms are made up, after shouting to the offender "Stop, I will shoot!"
17. The crews of border ships, when firing warning shots from artillery or small arms, perform the following actions:
a) the border ship is brought in combat readiness N 1 (if not already done);
b) visually and with the help of technical means, the area is examined, the location and direction of movement of all ships and aircraft located in the area are specified;
c) according to technical means, the distance to the intruder vessel and the elements of its movement are determined;
d) firing is carried out in three shots (bursts) only upward with an elevation angle and in sectors that guarantee that it does not fall into the intruder, as well as into other ships and aircraft located in the area;
e) firing is carried out in short bursts, single shots from one artillery installation or in short bursts from small arms;
f) the command for the production of fire and the control of artillery weapons is carried out personally by the commander of the border ship;
g) in order to ensure security measures, controllers are posted (appointed), the commands and actions of the personnel of the border ship are recorded by means of objective control, and where they are not provided, they are recorded by observers of the recording groups, while the observer is recorded from the moment a combat alert is declared and until the commander of the border ship receives a report on the inspection of the canals of artillery mounts, the forms of the groups of records are stored on the border ship during the year as a reporting document;
h) the record in the watch (navigation and watch) log of the border ship about the cleanliness of the barrel bores and the consumption of ammunition is made personally by the ship commander.
18. The use of small arms for the production of warning shots by border ships is allowed only in extreme cases when the use of artillery weapons is difficult or impossible.
19. When border ships fire warning shots from small arms:
a) the shooting is carried out in a direction that provides visual (visual) observation of such shooting from the stopping intruder vessel;
b) the fire is carried out with tracer bullets, bursts;
c) the shooting is carried out by an officer appointed by the commander of the border ship.
20. When firing warning shots from standard weapons (small arms, small arms and cannons, missiles) by aircraft crews:
a) with the help of on-board technical means and visually clarify the location of all objects in the area and the direction of their movement, determine the distance to the intruder vessel and the elements of its movement;
b) shooting is carried out in a sector that ensures the safety of all objects located in this area, with a guaranteed non-hitting the intruder vessel and is conducted at low or extremely low altitude;
c) warning shots (bursts, launches) are fired in two approaches personally by the aircraft crew commander or at his command by one of the flight crew members or by the personnel of the border guard detachment, inspection group or other subdivision designed to ensure border activities on board the aircraft ;
d) the use of the standard armament provided for this type of aircraft is carried out with visual control of the crew or the included means of objective control.
21. The senior border guard detachment, the commander of the inspection group or other unit designed to support border activities, the commander of the border ship (aircraft), the officers immediately report to the immediate superior about the production of warning shots and the actions of the offender (the violating vessel), except for situations when there is no such possibility, including in connection with the failure of the technical means of communication.
22. If, after firing warning shots, the intruder (intruder vessel) continues to disobey commands (signals) and attempts to hide or resists, the weapon is used to kill.
23. The decision to use weapons to kill is taken:
a) as part of the border detachment - by the senior border detachment, its immediate superior, to whom the border detachment is subordinate;
b) as part of the inspection group - the commander of the inspection group.
24. The decision on the use of weapons to kill border ships (aircraft, including aircraft based on border ships) is taken by the head of the border authority or the person acting as his.
25. Employees, the commander of a border ship (aircraft) for necessary defense or in conditions of extreme necessity, when a delay in the use of weapons creates an immediate danger to their life and health, the life and health of other citizens, a danger damage or destruction for border ships (aircraft), other ships, aircraft and may entail other grave consequences (road traffic accidents, disasters, sabotage and other social disasters), as well as in the absence of communication with the relevant chief (commander) and cases of the use of weapons without warning.
26. The order on the use of weapons to destroy the border ship (aircraft) must be communicated to the commander of the border ship (aircraft) in the prescribed manner.
27. The head of the border agency or the person performing his duties makes a decision on the use of weapons and military equipment by the employees on the aircraft seized on the ground and suspected to be hijacked after receiving information about the absence of passengers on board from the aircraft operator and (or) dispatching service of airports (aerodromes), providing landing and departure.
29. Authorized officials of the border agencies immediately report to the head of the federal executive body in the field of all cases of the use of weapons and military equipment by officers, border ships (aircraft) that caused the death of violators or other grave consequences (public disasters and others). ensure security and inform the appropriate prosecutor.
30. Authorized officials of the Federal Security Service of the Russian Federation shall immediately (but no later than one day) inform the Ministry of Foreign Affairs of each case of firing warning shots and the use of weapons and military equipment against violators who are citizens of foreign states (against foreign violating ships) Russian Federation and inform the relevant prosecutor.
The powers to use and use weapons and military equipment in the protection and protection of the State Border are contained in the Law of the Russian Federation "On the State Border of the Russian Federation" and Resolution of the Government of the Russian Federation dated January 3, 1998 No. 20 "On Approval of the Procedure for the Use of Weapons and Military Equipment in Defense State Border of the Russian Federation ", adopted in the execution of the law of the Russian Federation" On the State Border of the Russian Federation "and regulate the cases, conditions and procedure for the use of weapons in the defense of the State Border of the Russian Federation.
Summarizing the features of the normative regulation of the use of weapons and military equipment, in the legislation of the Russian Federation, the legal basis should be understood as a set of rules that determine the circumstances in the presence of which the use of weapons is lawful. We believe that under the procedure for the use of weapons, elements of the legal framework should be distinguished:
Grounds (cases) of using weapons
Terms of use of weapons
The actual procedure for using weapons
Limits of use of weapons
Those circumstances, the occurrence of which the legislator believes possible application weapons are treated as cases (grounds) of the use of weapons. As a rule, they are the result of active unlawful actions of individuals, dangerous behavior of an animal and are decisive for making a decision on how to influence the offender.
Within the meaning of Article 35 of the Law of the Russian Federation "On the State Border of the Russian Federation" as circumstances, namely, cases that give rise to the right to use weapons and military equipment, are:
armed invasion of the territory of the Russian Federation;
hijacking vehicles abroad;
crossing the State Border by persons and vehicles in violation of the established rules;
attack on citizens, etc.
In order to implement the provisions of the Law of the Russian Federation "On the State Border of the Russian Federation" of the Decree of the Government of the Russian Federation dated January 8, 1998 No. 20, an order was issued by the Director of the Frontier Service of the Federal Security Service of the Russian Federation "On the announcement of the Resolution of the Government of the Russian Federation dated January 3, 1998 No. 20" approval of the Procedure for the use of weapons and military equipment in the protection of the State Border of the Russian Federation "and approval of the rules for the production of warning shots and the use of weapons and military equipment by military personnel of the bodies and troops of the Federal Border Service of the Russian Federation while protecting the State Border of the Russian Federation."
These rules determine that "employees (military personnel) ... have the right to fire warning shots and use weapons. For example, the Rules provide for the following cases as grounds for the use of weapons and the production of warning shots;
counteraction to legal requirements to comply with the established rules of the State Border regime, border regime, regime at checkpoints across the State Border and ensuring their own security;
detention of persons in respect of whom there are sufficient grounds to believe that they intend to provide armed resistance:
illegal changes in the passage of the State Border line on the ground.
An important role in recognizing the actions of government officials, namely employees of the Federal Security Service, who use weapons as legitimate regardless of illegal socially dangerous actions natural person, threatening behavior of the animal, that is, being external to the conflict, form the conditions for the use of weapons.
There are two groups of conditions. The first group of conditions for the use of weapons should include those that arise and exist independently of the will of the opposing parties, and the second group should include the circumstances generated by the active volitional actions of a representative of the authorities, the commission of which is provided for by the rule of law and is one of the guarantees of the legality of causing harm to the offender.
Within the meaning of the legislation, the first group of conditions for the use of weapons and military equipment in the protection of the State Border of the Russian Federation includes:
a) conditions allowing application:
absence of passengers in vehicles when trying to steal them;
the use of weapons is allowed only within the border area;
the inability to stop the violation or detain persons violating the established rules using other means;
performance of official duties or public duty, etc.
b) conditions precluding application:
random nature of crossing the State Border;
accident;
gender and age of the attackers, etc.
For the employees of the Federal Security Service, such conditions for the use of weapons, prescribed in the Criminal Code of the Russian Federation, as circumstances that cause a state of necessary defense and extreme necessity, are also of great importance.
In most legislation, the term "order" is used to indicate the rules that must be followed before and after the use of weapons. For employees of the Border Service of the Federal Security Service, in particular, this procedure is established in the Decree of the Government of the Russian Federation of January 3, 1998 No. 20. Outwardly expressed manifestations of conditions, in the sense of the above-mentioned decree of the Government of the Russian Federation, are:
a) committed before the use of weapons:
obtaining permission to use weapons (in the event that a representative of the authorities does not have the right to use weapons on his own);
informing the person against whom the weapon can be used about the official position of the official;
a clear and specific statement of the requirement, with non-fulfillment of which the possibility of using firearms is associated (depending on the circumstances, the requirements may take the form of gestures with hands and weapons);
production of a warning about the application of this coercive measure. A warning, depending on the circumstances, can be expressed by gestures, words and warning shots;
providing the person to whom the warning is addressed sufficient time to perform legal actions;
b) committed after the use of weapons:
providing first aid injured persons;
protection of the scene;
report on the fact of the use of weapons and its results;
informing, in some cases, relatives and victims;
notification of the prosecutor in case of injury or death of people.
Another element that makes up the legal framework is the limits of the use of weapons. The limits should be understood as the rules that establish the boundaries of the permissible actions of officials to harm the offender.
In the legislation defining the powers of employees and servicemen of the Border Guard Service of the Federal Security Service in the use of weapons, the term "limits" is not used, but legal restrictions are established. Several limits of restrictions are seen.
The first limit of restrictions is by territory. For example, paragraph 1 of Article 35 of the RF Law "On the State Border of the RF" defines the permissible use of weapons within the border area. However, part 3 of article 30 of this law provides for the possible use of the granted rights outside the border territory in cases of border searches and operations of FSB officers in the border territory.
The second limit of restrictions is on time. In most cases, weapons by FSB officers during the performance of their duties to protect and guard the State Border of the Russian Federation.
The third limit of restrictions is on the subjects of use. There are three categories of such subjects:
persons with reduced physical capabilities (women, minors)
passengers of air, sea, river vessels and other vehicles
persons who crossed the State Border by accident or as a result of an accident.
The fourth limit is in terms of the amount of harm caused. The legislator calls on the employees of the Federal Security Service to strive to ensure that any damage caused when eliminating the danger is minimal. This requirement is very relevant, since it follows from constitutional provisions about the highest value human life and health. To a large extent, this provision on minimizing harm is absorbed by the norms of the Criminal Code of the Russian Federation on necessary defense.
In this paragraph, we conducted a systematic review of the procedure for the use of weapons by the FSB of the Russian Federation, gave grounds for the use of weapons by the FSB of Russia, and found out in what cases it can be used. Based on the references of the legislation, we carried out a detailed analysis of the powers of the employees of the Federal Security Service in the use of weapons.
Article 36 of the Law of the Russian Federation "On the State Border of the Russian Federation" regulates the use of special means in the protection of the State Border within the border area, as well as to ensure their own security of the system of the Federal Security Service of the Russian Federation, military personnel use special means (handcuffs or improvised means for tying, rubber sticks, tear substances, light and sound devices for distracting action, devices for forced stopping of transport), physical force, including fighting techniques, and service dogs in accordance with the law of the Russian Federation "On Police".
A complete list of special equipment in service with border agencies, the grounds and rules for their use by military personnel of border agencies, as well as by military personnel of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation while protecting the State Border are established by the Government of the Russian Federation.
So, in particular, the law of the Russian Federation "On the Police" provides that when using physical force, special means, an employee must:
warn about the intention to use, while providing sufficient time to fulfill the employee's requirements, except in cases where delay in the use of physical force, special means or firearms creates an immediate danger to the life and health of citizens and police officers, may entail other serious consequences, or when such a warning in the current situation is inappropriate or impossible;
strive, depending on the nature of the danger of the offense and the persons who committed it, and the strength of the opposition, to ensure that any damage caused in this case is minimal;
ensure that persons who have received injuries are provided with first aid and notification of their relatives as soon as possible;
In addition to the above conditions, this law prohibits the use of special means against women with visible signs of pregnancy, persons with obvious signs of disability and minors, except in cases of armed resistance, the commission of a group or other attack that threatens the life and health of people, as well as in the suppression of illegal meetings, rallies, street marches and demonstrations of a non-violent nature that do not disrupt the work of transport, communications, organizations.
Regulation of the Government of the Russian Federation of June 24, 1998 No. 634 "On approval of the list of special equipment in service with the bodies of the Border Service of the Federal Security Service of the Russian Federation and the rules for the use of special equipment when protecting the State Border of the Russian Federation within the border territory and ensuring the system's own security Federal Security Service of the Russian Federation ".
The special means, physical strength and service dogs listed in the Resolution are used to overcome opposition to legal requirements to comply with the established rules of the state border regime, border regime, regime at checkpoints across the state border of the Russian Federation and to ensure their own security, as well as to detain persons who have violated them, when the use of other methods of suppressing offenses, excluding the use of weapons and military equipment, does not ensure the fulfillment of the duties assigned to employees (military personnel).
In this chapter, we considered the legal basis for the use of weapons and special means by employees of the Federal Security Service, gave them brief description and gave examples.
§2. The procedure for the use of special means by employees of the FSB of Russia
Similarly to the previous chapter, the procedure for the use of special means by FSB officers can be divided into four components:
cases of using special means;
conditions for the use of special means;
the actual procedure for the use of special tools;
limits of use of special means.
Legal regulation the content of all of the above elements is determined in the Decree of the Government of the Russian Federation of July 24, 1998 No. 634 "On approval of the list of special means in service with the bodies of the Border Service of the Federal Security Service of the Russian Federation, and the rules for the use of special means when protecting the State border of the Russian Federation within the border territory and ensuring its own security of the system of the Border Service of the Federal Security Service of the Russian Federation "
Cases (grounds) for the use of special means in accordance with the Resolution are:
obstruction of the verification of documents of persons and documents for vehicles and the goods transported on them;
an attack on servicemen and citizens of the Russian Federation participating on a voluntary basis in the defense of the State border of the Russian Federation within the border area;
sufficient grounds to believe that persons intend or are preparing to provide armed resistance;
seizure of hostages, buildings, premises, structures, vehicles and terrain;
behavior of persons giving grounds to believe that they can escape or harm others or themselves;
failure to comply with legal requirements for stopping vehicles;
other illegal actions that violate the activities of the Border Guard Service of the FSB of Russia.
The conditions for the use of special tools are:
warning of the intention to use them, while providing sufficient time to fulfill the requirements of the serviceman (employee), except for those cases when delay in the use of special means creates an immediate danger to the life and health of servicemen and citizens, may entail other serious consequences, or when such a warning in the created environment is inappropriate or impossible;
striving to ensure that any damage caused in this case was minimal;
provision of first aid to persons who have received bodily injuries;
report on command on the use of special means;
compliance with the established safety measures when handling special means;
in a state of necessary defense or extreme necessity, military personnel in the absence of special means have the right to use any available means for the indicated purposes;
physical force, including fighting techniques, is used to overcome opposition to legal requirements if non-violent methods do not ensure the fulfillment of the duties assigned to employees.
The limits of the use of special tools:
a) the use of special means is allowed only when fulfilling obligations to protect the state border of the Russian Federation and within the border territory;
b) the prohibition of the use of special means in relation to persons who have violated the regime of the State Border, the border regime or the regime at checkpoints across the State Border of the Russian Federation, if these actions were committed clearly accidental or in connection with an accident, the influence of the irresistible forces of nature, as well as in relation to women with visible signs of pregnancy, persons with obvious signs of disability and minors, except in cases of attack or resistance, threatening the life and health of military personnel and citizens of the Russian Federation participating on a voluntary basis in protecting the state border of the Russian Federation within the border territory.
In the course of work on this paragraph, we examined the procedure for the use of special means by FSB officers, dividing the distance into components detailed description each of the elements.
Summing up the paragraph, we can conclude that we gave a concept of the procedure for the use of weapons and special means by employees of the Federal Security Service of the Russian Federation, examined and described in detail the features of all elements of this area of \u200b\u200bactivity of FSB employees.
Conclusion
Summing up the work done, it should be noted that we carried out a comprehensive study in the field of such a sphere of activity of the employees of the Federal Security Service of Russia as the use of weapons and special means. Summarizing the results of the work done, we can assert that the use and use of weapons and special means by FSB officers is a measure of state coercion.
In the first part term paper we focused on studying the normative legal material, namely, the legal framework regarding the use of weapons and special means by FSB officers. Here, the main legal acts regulating this field of activity were given, both at the level of law and at the level of a by-law normative legal act, they were characterized.
91. Sergeants and soldiers assigned to the border guard are armed with the weapons assigned to them. Ammunition is issued on the basis of two loaded magazines (50 rounds) for each machine gun, at least 8 rounds for a signal pistol. Officers and warrant officers in charge of the squads are armed with personal weapons with two loaded magazines (16 rounds) for each pistol.
If necessary, at the direction of the head of the border detachment, shells can be armed with machine guns, grenade launchers, hand grenades and an additional supply of ammunition.
92. On all land and sea sections of the border, before leaving (entering) the weapon is not loaded, but inspected in the place set for loading weapons on command and under the supervision of the outpost duty officer, while carrying equipped magazines.
Inspection of weapons is carried out before leaving (intercession), for service in an established and equipped place for this, on command and under the supervision of an officer on duty at the outpost or an officer (warrant officer) heading the squad. The movement of the detachment to the place of loading the weapon is carried out in the column one by one, while the senior of the detachment moves with the guides, and the guard on duty at the outpost - to the left or right of the column, two or three steps behind. Outfits delivered by car (helicopter, boat), weapons are loaded upon arrival at the duty station on command and under the supervision of the senior squad.
At the command of the outpost duty officer (senior squad) "Weapons - for inspection", the border guard must:
Take a ready position for shooting while standing;
Remove the weapon from the safety lock, pull the bolt carrier back to failure and after the command of the outpost duty officer (senior squad) "Inspected", release it;
Carry out a control trigger release, put the weapon on the safety;
Take the weapon to the belt position.
During service to the personnel of the attire, it is strictly forbidden to attach a loaded magazine and send a cartridge into the chamber.
The loading of the weapon by the personnel of the outfit is made at the command of the senior outfit and the cartridge is sent to the chamber before its use in the cases provided for in Art. 98, 99, 100.
After the use of weapons by the personnel of the squad, at the command of the senior squad, the weapon is unloaded and checked.
Hand grenades are charged at the direction of the senior squad immediately before they are used. Unused grenades are immediately discharged.
93. Depending on the situation and the task to be performed, the weapons of the border guards in the outfit may be in the position "on the belt", "on the chest", "behind the back" or in the ready position for shooting.
Pedestrian border guards, when moving around a protected area, a settlement, usually have their weapons in the "on the belt" position. When driving on steep descents and ascents, on pedestrian bridges, luggage, when crossing water obstacles, ascending and descending from an observation tower, performing various works the border guards' weapons must be in the "behind the back" position. Border guards traveling on horses, skis, snowmobiles, border guards who directly check documents, and dog service specialists can also have weapons in the "behind the back" position.
Drivers (driver-mechanics, minders), personnel of technical observation posts, mobile border posts, observation posts have weapons with them or in specially equipped pyramids (places) in a position that ensures quick use and does not complicate the maintenance and control of the machine (boat) ...
When escorting detained violators of the state border on foot, the weapon, as a rule, must be in the ready position for standing firing.
94. The outfits serving in resort areas, recreation areas and places of mass presence of the population, to escort trains, as well as sent to control the implementation of border regime rules in trains and buses, at railway and bus stations, in ports, are armed only with a bayonet knives. Officers and warrant officers (super-conscripts) appointed by senior squads are armed with pistols with two loaded magazines (16 rounds) for each pistol.
95. When escorting trains, when their movement is carried out in the immediate vicinity of the state border, arming squads firearms determined by the decision of the commander of the Border Troops of the Republic of Kazakhstan.
96. Border guards are given handcuffs or ends of a cord (belt) for tying the hands of border violators, as well as individual dressing bags for each border guard.
97. According to the commands (signals) "For battle", "Alarm", "Air", the personnel of the outpost are armed with standard weapons (machine gunners with machine guns, grenade launchers - with grenade launchers, the rest - with machine guns) and a wearable stock of ammunition, calculations of automatic and heavy grenade launchers are also machine guns.
98. Frontier detachments, performing tasks to protect the state border of the Republic of Kazakhstan, use weapons and military equipment:
Without warning, weapons and military equipment are used:
To repel an armed invasion of the territory of the Republic of Kazakhstan by military groups and bands;
In case of a sudden armed attack on a border guard;
When providing armed resistance by border violators;
To repel an attack using military equipment;
When detainees escaped with captured weapons.
99. Border detachments use weapons and military equipment after the call "Stop!" and a warning shot upwards, if the requirements of border detachments are not met:
For repulsing, armed attack and suppression of armed provocations on the state border;
To repel an armed attack on units border troops;
Against persons, sea (river) ships, flying aircraft, illegally crossing the state border and providing armed resistance;
To prevent hijacking of air and sea (river) vessels;
To repel an attack on servicemen, other persons performing official duties or public duty to protect the state border, when their lives are in immediate danger;
To protect citizens from attacks that threaten their lives and health, as well as the release of hostages.
100. Border guards while on duty also have the right to use weapons to signal an alarm or call for help.
101. Border guards are prohibited from using weapons:
In relation to persons who have violated the state border, including in relation to persons who, when detained, will try to return back, if they do not offer armed resistance;
In relation to persons who have violated the state border in full view of the border guards, if these violations occur clearly by accident or in connection with the production of agricultural and other work near the state border (hunting, grazing, picking mushrooms, berries, fuel, etc.), as well as while swimming and sailing on self-propelled and non-self-propelled vessels;
When trying to escape persons detained for violation of the border regime and regime at checkpoints across the state border;
In the classification of foreign fishing and other fishing vessels operating in the territorial waters (territorial sea) of the Republic of Kazakhstan and the Kazakh part of the waters of border rivers, lakes and other bodies of water, if they do not offer armed resistance;
With regard to vehicles traveling along the roads of the border zone, the territory of districts, cities, towns, villages and auls adjacent to the state border or to the coast of the sea protected by the border troops, and not fulfilling the requirements of the border troops to stop, if there is no real danger of violating the state borders;
For animals crossing the state border;
For violators of the state border regime.
102. When using weapons, as a rule, it is not allowed to fly bullets and shells into the territory of a neighboring state, except in cases of repulsing an armed attack and invasion of the territory of the Republic of Kazakhstan by military groups and bands, suppression of armed provocations and clashes with armed violators of the state border.
103. The right to use weapons imposes a special responsibility on border guards, which requires them to have solid knowledge and strict adherence to the rules for the use of weapons and military equipment, show restraint, correctly assess the current situation and choose the most appropriate actions to avoid the emergence of conflict situations on the state border.
Persons who illegally used weapons are subject to disciplinary or criminal liability in accordance with the legislation of the Republic of Kazakhstan.
104. After using the weapon, the border guards are obliged to discharge it, check if there are any cartridges left in the chamber, put the weapon on safety, report to the head of the outpost on the reasons and results of the use of the weapon, if necessary, provide first aid to wounded border guards and detained violators of the state border.
105. With the arrival of the border guard at the outpost, the inspection of weapons is carried out in the established place by command under the supervision of the officer on duty at the outpost or the officer (warrant officer) in charge of the squad and is checked by them. Inspection is carried out with the magazine separated from the weapon by pulling the bolt carrier back, inspecting the chamber and producing a control trigger. The check of weapons is carried out on a mandatory basis and for those outfits that served with an unloaded weapon.