Kapustin Valery Valentinovich (teacher of the Department of tactical-special, fire and physical training, Leningrad Regional branch of the Federal State-owned educational institution of Higher Education «Sаint Petersburg University of the Ministry of Internal Affairs of the Russian Federation», Murino, Russia)
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This article notes that a special place in the implementation of legality and legality in the activities of police officers is occupied by the administrative and legal norms themselves, which give police officers the right to use physical force, special means and firearms, which provide for the grounds, procedure and conditions for the application of these measures. The author concludes that the provisions in these rules of administrative law should be clearly stated, and the terms used in them should be understandable to the policeman so that he can easily apply them in an emergency situation. In order to increase the effectiveness of ensuring legality and legality in the use of special specified administrative coercion measures by police officers, it is proposed to consider including in the Criminal Code of the Russian Federation an independent circumstance excluding the criminality of the act "Lawful use of physical force, special means and firearms by authorized persons", as well as to develop instructions on the use of these coercive measures, as well as methodological recommendations on conducting official inspections on the facts of the application of such measures, in which to clarify the content of the blank and evaluative terms used in Chapter 5 of the Federal Law "On Police".
Keywords:use of physical force, special means, firearms, federal law "On Police", resistance, threat to life and health, counteraction, assault
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Citation link: Kapustin V. V. FACTORS CONTRIBUTING TO ENSURING THE LEGALITY AND LEGALITY OF THE USE OF PHYSICAL, SPECIAL FORCE AND FIREARMS BY POLICE // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2025. -№03. -С. 87-92 DOI 10.37882/2223-2974.2025.03.07 |
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