Art. 24 Law on the Police: Guarantees of the personal safety of an armed police officer. Art. 24 of the Law "On Police" with comments

The activity of a modern man is taking with every passing day ever new, more interesting and complex forms. However, there are spheres, the level of relevance of which has not become less for several years in a row. One of them is law enforcement. Its origin occurred in ancient times.

It is known that in the ancient city-states there were special detachments engaged in the protection of the policy, that is, of the city. Representatives of this field of activity enjoyed great honor and respect in society, which determined the prestige of law enforcement activities.

This trend has not changed today. If we take, for example, the police of the Russian Federation, they enjoy not only exceptional respect, but also a number of social benefits. In addition, the state provides these employees with all necessary means, things and equipment. However, the legal status of Russian policemen is not a combination of only social benefits. Employees of this type are carriers of special powers delegated to them by the state.

One of those is the right to use special means and weapons. Given the specifics of police tasks, the wearing of special equipment and firearms is due to banal safety rules. At the same time, the legislator introduces in the special regulatory acts an institution to guarantee the personal safety of the policeman, as will be discussed later in the article.

What is the police?

Security guarantees for an armed policeman are fixed in art. 24 of the Law "On Police". However, before considering this norm, it is necessary to understand the peculiarities of the organ itself. This agency on the territory of our state appeared long ago. Already during the reign of Peter I in Russia there were police units. To date, the body is an integral part of the Ministry of Internal Affairs of the Russian Federation. Its main functions include:

• Protection of human life and health;
• Protection of human rights and freedoms;
• Combating crime;
• Protection of public order, etc.

As we see, police tasks are quite specific. Therefore, representatives of the body are subject to special legal status. Effective implementation of functions is performed by policemen due to the structured nature of this body.

Special powers

The fact that the police is the body that directly implements all aspects of anti-crime policy gives its representatives the right to use special means and firearms. Such powers are a guarantee of personal safety.

Regarding the regulatory regulation of the use of special means and firearms, such a legal mechanism exists. It is fixed in art. 19, 24 of the Law "On Police". According to the provisions of the normative act, the police can in exceptional cases apply physical measures to certain persons, as well as special items, one of which is a weapon. At the same time, it is very important that the exercise of this kind of powers is carried out in a strict regulatory framework, otherwise the policeman will be brought to legal responsibility of a certain nature. In order to understand in more detail the specifics of the legislative regulation of the use of weapons, special means and physical force, it is necessary to analyze certain articles of the Federal Law "On Police".

Right to physical force

Law "On Police", art. 18, 24, shows the key regulatory framework in which the special powers of the agency's employees occur. If we are talking specifically about physical strength, then this method is the normative reaction of the MVD officer to unlawful actions. In addition, the use of such a measure of influence is allowed in cases where a person obstructs the fulfillment of the lawful requirements of a policeman. But the very use of physical force should not be excessive. In other words, the policeman is obligated to minimize the damage that can be caused in every possible way.

Legal guarantees of the use of physical force

It is worth noting that the fact of using a special police authority is initially legal. Therefore, on such actions, the Ministry of Internal Affairs officer must immediately notify his immediate superior and, of course, the prosecutor. Information to the last subject must be delivered no later than 24 hours after the application of physical force.

This approach ensures the lawfulness and openness of the activities of the law enforcement agency, as well as prompt clarification of all the circumstances of a particular situation. In this case, Art. 20, 24 of the Law "On Police" have similar provisions. In both cases, key legal algorithms of action are fixed after applying these special measures.

Features of the use of special tools

The federal legislation establishes a framework for the use of special means by the police. Such items include special sticks, gas cartridges, handcuffs, light-shock, acoustic devices, armored cars, water cannons, etc. The order and scope of their use are the same as in the case of physical force. That is, the use of special means must be justified and lawful. The last factor is provided by notifying the employee of the supervisory authority.

Firearms: concept and risks

In police activity, one very hard method of influencing criminals is often used. This is a firearm. It is an object that drives a bullet through the combustion of powder gases. In turn, a bullet when hit by a person can cause his death.

Thus, the use of firearms is permitted in the activity of the Russian police, but in practice it is allowed only in certain cases. At the same time, there are very strict legal frameworks for actions of a similar nature, which secures Art. 23 and art. 24 of the Law "On Police". Thus, firearms, as a method of influence, is one of the special powers of the police and is characterized by the following features, namely:

• Its use can cause the death of a person;
• Use firearms only in certain cases, expressly provided for by law;
• Illegal use of firearms by police is a condition for bringing him to justice.

However, the legislator has developed certain guarantees for the safety of police officers who are armed. That is, we are talking about the existence of special legal aspects, in which the use of the most severe method of influence is legitimate. They are described in detail by the law of the Russian Federation "On the Police", Article 24. At the same time, the institution of guarantees has its own peculiarities.

Article 24 of the Law "On Police": comments

If we analyze Art. 23 FZ, regulating the activities of the Ministry of Internal Affairs, it is possible to identify key, model situations in which the use of firearms is permitted. But the application of this harsh measure of influence can be realized under other objective circumstances, as we are told by the Law "On Police", chapter 5. Articles 24 and 23 in this case are similar, but they are fixed by different legal institutions. According to the guarantees of the security of an armed policeman, the latter has the right to bring his weapons into combat readiness, if in certain circumstances there are prerequisites for its application. In this case, an employee of the Ministry of Internal Affairs, on the basis of a subjective perception of reality, can draw conclusions about the need to use the highest measure of influence in the future.

In addition, Art. 24 of the Law "On Police" contains one more guarantee of the use of weapons. In the second part of the rule it is said that an officer of the Ministry of Internal Affairs has the right to use weapons if the person who was detained in the conditions of the officer's combat readiness will begin unreasonably approaching the latter. Thus, Art. 24 of the Law "On Police" creates a comprehensive legal regime for the protection of law enforcement officers in certain situations. Undoubtedly, this approach is an indicator of the development of the police system and its effectiveness.

Responsibility for unauthorized use

It should be noted that the misuse of firearms, special means or physical force entails the application of different types of legal liability to the police. First of all, a police officer will be brought to disciplinary responsibility. If there is a crime in his actions, then the norms of criminal legislation will come into force. In any case, the use of firearms and other special powers should be legal and considered.

Conclusion

So, we examined article 24 of the Law "On Police". Analysis and comments to the norm show that it is an obligatory normative element in the activity of the Ministry of Internal Affairs of the Russian Federation. After all, the article allows policemen to realize their tasks and fight crime as effectively as possible.