Personally or as part of a unit in the following cases: a) to protect citizens from an attack dangerous to their life or health; b) to repel an attack on a police officer when his life or health is in danger, as well as to suppress an attempt to seize his weapon; c) to free hostages; d) to detain a person caught committing a serious crime against life, health and property and trying to escape, as well as a person offering armed resistance; e) to repel a group or armed attack on citizens’ homes, premises of government agencies, organizations and public associations; f) to prevent escape from custody: persons detained on suspicion of committing a crime; persons against whom a preventive measure has been chosen; persons sentenced to imprisonment; to suppress attempts to forcibly release these persons.

The Law of the Russian Federation “On the Police”** (Article 16) provides guarantees for the personal safety of an armed police officer, who has the right to draw a firearm and put it on alert if he believes that in the current situation the above-mentioned grounds for its use may arise. Attempts by a person detained by a police officer with a drawn firearm to approach him, while reducing the distance specified by him, or to touch his weapon, give the police officer the right to use a firearm to repel an attack when his life or health is in danger, and to stop the attempt taking possession of his weapon.

Police officers have the right, in addition, to use firearms in the following cases: a) to stop a vehicle by damaging it, when the driver creates a real danger to the life and health of people and does not obey the repeated legal demands of a police officer to stop; b) to neutralize the animal, directly life-threatening and people's health; c) to fire a warning shot, give alarm signals or call for help.

It is prohibited to use firearms against women, persons with obvious signs of disability and minors, when it is obvious or known to a police officer, except in cases of armed resistance, an armed or group attack that threatens the lives of people, as well as in a significant crowd of people, when this unauthorized persons may be harmed.

About each case P.o.o. within 24 hours from the moment of its application, he is obliged to submit it to the head of the internal affairs body (police body) at the place of his service or at the place of P.o.o.

General conditions and limits of P.o.o. installed Art. 12 of the Law of the Russian Federation “On the Police”. P.o.o. exceeding authority entails the provisions established by law.

List of species firearms and ammunition for it, which are in service with the police, is approved by the Government of the Russian Federation. It is prohibited to accept firearms or accessories that cause excessively severe injuries or create an unreasonable risk.

Citizens of the Russian Federation have the right to use weapons legally available to them, incl. firearms, in the manner provided for in Art. 24 Federal Law “On Weapons”**. Weapons can be used to protect life, health and property in a state of necessary defense or extreme necessity. The use of a weapon must be preceded by a clear statement from the person against whom the weapon is used, except in cases where delay in the use of a weapon creates an immediate danger to people’s lives or may entail other grave consequences.

Moreover, the use of weapons in a state of necessary defense should not cause harm to third parties.

It is prohibited to use firearms against women, persons with obvious signs of disability, and minors when their age is obvious or known, except in cases where these persons commit an armed or group attack. The owner of the weapon is obliged to immediately, but no later than 24 hours, report to the internal affairs department at the place where the weapon was used about each case of the use of a weapon that resulted in a person being killed.

Rules for the use of sports and hunting weapons are established by the legislation of the Russian Federation.

Large legal dictionary. Akademik.ru. 2010.

See what “Use of firearms” is in other dictionaries:

Use of firearms- (eng. use of fire arm) in the Russian Federation the right of certain subjects to use firearms in cases established by law. Police officers have the right to use... Encyclopedia of Law

Use and use of firearms by police- In accordance with the Law of the Russian Federation On the Police of April 18, 1991 (as amended on March 31, 1999), police officers have the right to use firearms in the following cases: 1) to protect citizens from an attack dangerous to their life or health; … … Administrative law. Dictionary-reference book

Development of firearms- Centuries passed before the long-known explosive power of gunpowder began to be used for military purposes, and the deep prejudice towards firearms of the warrior who until then heroically defended himself with his own physical strength and ... ...

Rules for the sale of firearms in countries around the world- In August 2007, the Institute of Higher Education international studies(Graduate Institute of International Studies, Switzerland) published a report on the spread of firearms small arms. According to the document, the most armed state... ... Encyclopedia of Newsmakers

Magazine (firearm part)- pistol magazine The box magazine can be reloaded with cartridges from above from the magazine clip. In firearms (carbines... Wikipedia

Use of special means- (English use of special means) in the Russian Federation, the right of police officers to use special means available in the arsenal of the police in order to: a) repel attacks on citizens and police officers... Encyclopedia of Law

- (English use of special means) in the Russian Federation, the right of police officers to use special means available to the police in order to: a) repel attacks on citizens and police officers; b) suppression provided to a police officer... ... Large legal dictionary

Introduction. Types of weapons and their development- “The Knight, Death and the Devil.” The knight is dressed in armor of the Maximilian type, but instead of an armet-type helmet, he has a Gothic salad on his head without a chin. The armor has other features characteristic of German equipment of soldiers of the early 16th century... ... Encyclopedia of Medieval Weapons

Technologies used in the manufacture of weapons- Blued coating of iron and steel objects with a protective and decorative oxide film. It has been known for a long time, but wide application received in the West. Europe only in the beginning. XVI century, originally in Italy. Blackening - filling the recesses with a mixture of silver,... ... Encyclopedia of Medieval Weapons

Slingshots- Slingshot A slingshot is a throwing melee weapon in which the accelerated body (projectile) acquires kinetic energy during the transition of potential energy stored in a stretched rubber band. Used for hunting small animals and birds, in... ... Wikipedia

1. A police officer has the right, personally or as part of a unit (group), to use firearms in the following cases:

1) to protect another person or oneself from an attack, if this attack involves violence dangerous to life or health;

2) to suppress an attempt to seize firearms, a police vehicle, special and military equipment in service (support) of the police;

3) to free hostages;

4) to detain a person caught committing an act containing signs of a grave or especially grave crime against life, health or property, and trying to escape, if it is not possible to detain this person by other means;

5) to detain a person offering armed resistance, as well as a person refusing to comply with a legal requirement to surrender weapons, ammunition, explosives, explosive devices, poisonous or radioactive substances;

6) to repel a group or armed attack on buildings, premises, structures and other objects of state and municipal bodies, public associations, organizations and citizens;

7) to suppress the escape from places of detention of suspects and accused of committing crimes or escape from under escort of persons detained on suspicion of committing a crime, persons against whom a preventive measure in the form of detention was applied, persons sentenced to imprisonment freedom, as well as to suppress attempts to forcefully release these persons.

2. Armed resistance and armed attack, specified in paragraphs 5 and 6 of part 1 of this article, are recognized as resistance and attack committed using weapons of any kind, or objects that are structurally similar to real weapons and externally indistinguishable from them, or objects, substances and mechanisms through which serious harm to health or death can be caused.

3. A police officer also has the right to use firearms:

1) to stop a vehicle by damaging it, if the person driving it refuses to comply with the repeated demands of a police officer to stop and tries to escape, creating a threat to the life and health of citizens;

2) to neutralize an animal that threatens the life and health of citizens and (or) a police officer;

3) to destroy locking devices, elements and structures that prevent entry into residential and other premises on the grounds provided for in Article 15 of this Federal Law;

4) to fire a warning shot, sound an alarm or call for help by firing a shot upward or in another safe direction.

4. A police officer has the right to use service firearms of limited destruction in all cases provided for in parts 1 and 3 of this article, as well as in cases provided for in paragraphs 3, 4, 7 and 8 of part 1 of article 21 of this Federal Law.

5. It is prohibited to use firearms with a lethal shot against women, persons with obvious signs of disability, minors, when their age is obvious or known to a police officer, except in cases where these persons provide armed resistance, commit an armed or group attack that threatens life and health of citizens or police officers.

6. A police officer does not have the right to use firearms in large crowds of citizens if random persons may be injured as a result of its use.

Legal advice under Art. 23 of the Police Law

Ask a Question:

Nadezhda Alekseeva

Who knows, help?. My brother retired from the ranks of the Russian Armed Forces due to health reasons (he was in an accident). After dismissal, he is entitled to monthly payments for a year in the amount of salary according to his rank and position. Now the question is: in what document is this written? (item, article, etc.) Thanks in advance!

• Lawyer's answer:

  FEDERAL LAW ON THE STATUS OF MILITARY PERSONNEL Article 23. Dismissal of citizens from military service and the right to employment Military personnel - citizens, total duration military service who are 10 years or more, subject to dismissal from military service upon reaching age limit being in military service, for health reasons or in connection with organizational and staffing events, in Last year military service by the Ministry of Defense Russian Federation(other federal body executive power, in which federal law provides for military service), at the request of a military citizen, a state housing certificate is issued for the purchase of residential premises for a family in the place of residence chosen after dismissal from military service in the manner determined by the Government of the Russian Federation.3. Military personnel - citizens upon dismissal from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events are paid a one-time allowance for the total duration of military service: less than 10 years - in the amount of 5 salaries; from 10 up to 15 years - in the amount of 10 salaries; from 15 to 20 years - in the amount of 15 salaries; 20 years and more - in the amount of 20 salaries. The amount and procedure for paying the one-time benefit specified in this paragraph to citizens dismissed with military service on other grounds are determined by the Government of the Russian Federation. For military personnel - citizens awarded during military service with a state order (orders) or awarded honorary titles of the USSR or the Russian Federation, the amount of a one-time benefit is increased by two salaries.4. Military personnel - citizens who performed military service under a contract, have a total duration of military service from 15 to 20 years and were dismissed from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events without the right to a pension, for five years, a monthly social benefit is paid in the amount of: for a total duration of military service of 15 years - 40 percent of the amount of salary; for each year over 15 years - 3 percent of the amount of salary. For military personnel - citizens dismissed on the same grounds and Having a total duration of military service of less than 15 years, the payment of salary according to military rank continues for one year after dismissal.

Evdokia Morozova

How many people are convicted in the United States for exceeding the limits of necessary defense? Why?. 天_MONKMENT. acres

• Lawyer's answer:

  US citizens use guns for self-defense annually, approximately 2.1 - 2.4 million times - 3-5 times more often than criminals use them, with pistols and revolvers used for self-defense in 1.5 - 1.9 million cases. The use of a weapon in self-defense includes, among other things, pointing a weapon at a person committing illegal acts, as well as warning shooting in the air. In most cases of use of weapons for the purpose of self-defense, no shots are fired. Citizens are required to immediately report all cases of use of weapons that resulted in lethal shooting to the police. citizens, in the interests of self-defense, in 98% - 99% of cases does not lead to death or serious injury to the attackers, only in 1% of cases the offender is wounded and only in 0.1% of cases is he killed. In total, 11% of owners have already used weapons for self-defense. For the same purposes of self-defense, weapons were used by 13% of owners of short-barreled weapons. In 90% of cases, weapons are used at a distance of 10 - 12 feet (approximately 3 - 3.5 meters). When shooting at this short distance, the following survive: - 9% of those hit by shooting from smoothbore rifles; - 50% of those hit by shooting from rifles; - 90% of those hit by shooting from pistols and revolvers. According to Floridsky State University Every year there are 1,500 - 2,800 cases of murder in cases of self-defense and 300 - 600 cases of use of weapons by the police with fatal. The main reasons for gun ownership in the United States (according to 1978 studies): Hunting - 51% or 33 million citizens; Self-defense - 32% or 21 million citizens; Sports shooting - 13% or 8.5 million citizens; Collecting - 4% or 2.6 million citizens; Main reasons for owning short-barreled weapons: Hunting - 10% or 3.5 million citizens; Self-defense - 58% or 21 million citizens; Sports shooting - 18% or 6.3 million citizens; Collecting - 14% or 5 million citizens; Leading causes of death in the United States (according to National Center according to Medical Statistics). Total cases: 2,169,518, including: Heart disease - 720,862 people. ;Cancer diseases - 514,657 people. ;Strokes - 143,481 people. ;Chronic pulmonary diseases- 90,650 people ;Pneumonia and influenza - 77,860 people. ;Diabetes - 48,951 people. ; HIV infection(AIDS) - 29,555 people. ;Cirrhosis and other liver diseases - 25,429 people. ;Accidents - 89,347 people. including: Road traffic accidents - 43,536 people. ;Other accidents involving vehicles - 2,086 people. ;Suicides - 30,810 people. (in 60% of cases - with the use of firearms); Murders and other cases of criminal deprivation of life - 26,513 people. (in 60% of cases - with the use of firearms); Cases of falls from a height - 12,662 people. ;Poisonings - 6,434 people. ;Drowned - 4,685 people. ;Strangulation - 4,195 people. ;Fires - 4,120 people. ; Medical errors- 2,473 people ; Natural factors- 1,453 people ;Firearms - 1,441 people. Take a closer look and you might find something useful for yourself. link: www.saiga.ru

Andrey Danshin

where to find the website Zakonoproekt 2010.ru

Polina Sokolova

Friends! Can pneumatic guns be carried without permission?

• Lawyer's answer:

  Article 6. Restrictions established on the circulation of civilian and service weapons On the territory of the Russian Federation, the following is prohibited: 2) storage or use outside of sports facilities of sports firearms with a rifled barrel, sports air guns with muzzle energy over 7.5 J and caliber over 4.5 mm, sports cold blade and throwing weapons, with the exception of the storage of long-barreled sports firearms with a rifled barrel or long-barreled sports pneumatic weapons with a muzzle energy of over 7.5 J and a caliber of more than 4.5 mm, acquired by citizens of the Russian Federation in accordance with Article 13 of this Federal Law, storage and use of bows and crossbows for carrying out research and preventive work related to the immobilization and injection of animal objects; Article 9. Licensing for the acquisition of weapons and ammunition for them (as amended by Federal Law No. 15-FZ of January 10, 2003) (see the text in the previous edition) The acquisition of weapons and ammunition for them on the territory of the Russian Federation is subject to licensing, with the exception of the acquisition of weapons and cartridges for it by state paramilitary organizations, sports pneumatic weapons with a muzzle energy of no more than 7.5 J and a caliber up to 4.5 mm inclusive, which is not subject to registration with the internal affairs bodies, legal entities engaged in the production or trade of weapons (hereinafter - legal entities - suppliers), sports organizations and educational institutions. (as amended by Federal Law No. 111-FZ of May 31, 2010) (see text in the previous edition) Licenses for the purchase of weapons and ammunition are issued by internal affairs bodies based on applications from citizens of the Russian Federation. Validity period of the license Refusal to issue a license and violation of the terms for consideration of the application may be appealed by the applicant in court.

Natalia Sukhanova

police law

• Now you can hit with a fist and a bat on completely legal grounds. What is not prohibited is permitted.

Oksana Orlova

police. If the local police commissioner drew up a protocol for violating the traffic rules of a pedestrian (crossed the wrong road) not in my administrative area, can I appeal this protocol, which legal acts should I refer to?

• Lawyer's answer:

  No, you cannot appeal the protocol. You can file a complaint against a decision that has been or will be made in the case if, in your opinion, there are violations. Look for procedural violations. A police officer, according to the Federal Law on Police, must punish the adm. offenses. A police officer has the right to operate throughout the territory of Russia. According to . Officials authorized to draw up protocols on administrative offenses 1. Protocols on administrative offenses provided for by this Code are drawn up by officials of bodies authorized to consider cases of administrative offenses in accordance with Chapter 23 of this Code, within the competence of the relevant body. Article 23.3. Internal affairs bodies (police) 2. The following have the right to consider cases of administrative offenses on behalf of the bodies specified in part 1 of this article: 9) senior district police officers, district police officers - about administrative offenses provided for in Article 12.1, parts 1 and 2 of the article 12.2, Article 12.3 (except for cases of driving a vehicle by a driver who does not have a license card), Articles 12.22, 12.23, 12.28, Parts 1 and 2 of Article 12.29, Part 1 of Article 12.30, Articles 19.2, 19.15, 19.24, 20.1 of this Code . (as amended by Federal Law No. 144-FZ of November 11, 2003) Theoretically, there is a chance to win if the Criminal Investigation Department drew up a protocol and did not immediately issue a fine.

Leonid Remizov

Can they chase me if I'm on a scooter? if I don't stop in front of the garbage. and what will happen if I stop

• There are no laws that you can’t chase motorcyclists without a helmet, I don’t know where this myth comes from, another thing is that you can’t take anything from a scooter, they don’t have the right to confiscate, there are no rights Law on the Police: “1. A police officer has the right to...

Grigory Yukin

Do our police have the right to shoot at an unarmed (escaping) alleged criminal?

• Lawyer's answer:

  Federal Law of the Russian Federation "On Police" Article 23. Use of firearms 4) to detain a person caught committing an act containing signs of a grave or especially grave crime against life, health or property, and trying to escape, if there is no other means to apprehend this person possible;

Daniil Beloborodov

In what cases do police officers have the right to use firearms?

Kirill Safontsev

Please help with legal matters. A resident of Cheboksary, 19-year-old Ukhov, being heavily intoxicated, boarded a Moscow metro train around noon. In the absence of any reason, he began pestering passengers in the carriage, pulled a knife out of his pocket and began waving it around. Having not met proper resistance, Ukhov stabbed 56-year-old Oruzhev in the shoulder with a knife, and then cut the jackets of several more passengers. Ukhov was stopped with a pistol shot by police officer Saev, who was traveling in this carriage. However, even after the shot that struck the hooligan’s right hand, Ukhov did not calm down, but continued to brandish the knife and threaten the passengers of the carriage with it. Only a second shot in the chest saved the hooligan. Ukhov and Oruzhev were taken to the hospital with serious injuries. In your opinion, is Saev subject to criminal liability? If not, what are the reasons for this? justify the answer, i.e. cite the article

• Lawyer's answer:

  [RF Law “On Police”] [Chapter 5] Article 23. Use of firearms: 1. A police officer has the right, personally or as part of a unit (group), to use firearms in the following cases: 1) to protect another person or himself from attack if this encroachment involves violence dangerous to life or health; BUT 6. A police officer does not have the right to use firearms in a large crowd of citizens if random persons may be injured as a result of its use. If you apply the Law of Russia “On the Police”, then read Art. 15

Natalia Dorofeeva

What do you need to get a permit to carry a firearm? And in what situations can it be used?

• Lawyer's answer:

  Read the respected Federal Law of the Russian Federation N150 of December 13, 1996 “ABOUT WEAPONS” Article 9. Licensing for the acquisition of weapons and ammunition for them. The acquisition of weapons and ammunition for them on the territory of the Russian Federation is subject to licensing, with the exception of the acquisition of weapons and ammunition for them by state paramilitary organizations, sports pneumatic weapons with a muzzle energy of no more than 7.5 J and a caliber up to 4.5 mm inclusive, which is not subject to registration in internal affairs bodies, legal entities engaged in the production or trade of weapons (hereinafter referred to as legal entities - suppliers), sports organizations and educational institutions. (as amended by Federal Law No. 111-FZ of May 31, 2010) Licenses for the purchase of weapons and ammunition are issued by internal affairs bodies based on applications from citizens of the Russian Federation. The validity period of a license to purchase weapons and ammunition for them is six months from the date of issue of the license. An application for a license is considered by the specified authorities within a month from the date of its submission. The application shall indicate information about the types of weapons that are planned to be purchased and the measures taken to ensure the accounting and safety of weapons. The applicant is also required to submit the constituent and registration documents of a legal entity or identification documents of a citizen, and others provided for by this Federal law documentation. The grounds for refusal to issue a license are: failure by the applicant to provide the necessary information or provision of incorrect information; the impossibility of ensuring the accounting and safety of weapons or the failure to ensure these conditions; other grounds provided for by this Federal Law. In case of refusal to issue a license, the specified authorities are obliged to inform the applicant in writing about this, indicating the reasons for the refusal. Refusal to issue a license and violation of the terms for consideration of the application may be appealed by the applicant in court. Article 10. Subjects having the right to purchase weapons. The following have the right to purchase weapons on the territory of the Russian Federation: 1) state paramilitary organizations; 2) legal entities with special statutory tasks; 3) legal entities - suppliers; (Clause 3 as amended by Federal Law No. 111-FZ of May 31, 2010) 4) legal entities and individuals engaged in collecting or exhibiting weapons; 5) physical education and sports organizations and (or) sports clubs operating in the relevant sport or sports related to the use of weapons (sports organizations), and hunting organizations; (Clause 5 as amended by Federal Law No. 111-FZ dated 31.05.2010) 6) organizations engaged in reindeer husbandry and horse breeding, divisions Russian Academy sciences carrying out field work related to geological exploration, conservation of nature and natural resources in the Far North and equivalent areas, legal entities and individual entrepreneurs fishing in relation to marine mammals, as well as a specialized enterprise that provides hydrographic support for navigation along the Northern Sea Route; (as amended by Federal Laws dated November 19, 1999 N 194-FZ, dated July 24, 2009 N 209-FZ) 7) educational institutions; 8) citizens of the Russian Federation; 9) Foreign citizens. Article 23. The procedure for collecting payments when issuing licenses, permits and certificates, extending their validity (as amended by Federal Law No. 15-FZ of January 10, 2003). For the issuance of licenses for the acquisition of weapons, permits for storage or storage and carrying, import into the territory of the Russian Federation and export from the Russian Federation of weapons and ammunition for them, certificates for models of weapons and types of ammunition for them, extension of the validity of permits and certificates with legal entities and citizens are charged a one-time fee. The amounts of these fees are determined based on organizational and other expenses associated with you

Konstantin Malinkin

What do traffic police officers have no right to do if they are driving a car that can handle a motorcycle???

• everything is possible!!! except for the use of means of forced stopping of the type "EZH" or "DIANA" Article 22 of the Law "On Police" 3) the use of means of forced stopping of transport in relation to Vehicle, intended...

Antonina Andreeva

Do special forces have the right to use weapons against protesters? ?

• Lawyer's answer:

• Nadezhda Popova

  Should the store give out household appliances in exchange for one that is under warranty repair?. I bought a fan that runs for 10 minutes a couple of times. It worked and stopped turning on at all, they took it for warranty repairs. Am I supposed to die from the heat in these 2 weeks? then I won’t need him so much at all

  • Lawyer's answer:

    The consumer has the right to be provided with a similar durable product (having the same consumer properties), for the period of repair of the product, or replacement, if the replacement requires more than 7 days, provided that the product is not included in the “List of durable goods that are not subject to the buyer’s requirement to provide him with a similar product free of charge for the period of repair or replacement” 1. Cars, motorcycles and other types of motor vehicles, trailers and numbered units for them, except for goods intended for use by disabled people, pleasure craft and watercraft 2. Furniture 3. Electrical household appliances used as toiletries and for medical purposes (electric shavers, electric hair dryers , electric hair curling irons, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets) 4. Electrical household appliances used for heat treatment of products and cooking (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods) 5. Civilian weapons, main parts of civilian and service firearms. To receive a replacement product, you must submit a written request to the seller (if the product was handed over to the seller for repair or replacement), and the seller must provide such product within 3 days. For failure (delay in fulfillment) of the consumer’s request to provide him with a similar product for the period of repair (replacement), the seller who committed such violations pays the consumer a penalty (penalty) in the amount of one percent of the price of the product for each day of delay (clause 1, article 23) . Service center Such a requirement can also be presented, but the SC is not obliged to fulfill it and will not bear responsibility for failure to comply with the requirement, because During the warranty period established for the product, the provisions of the PPA do not apply to the SC. Therefore, repairs there can last forever and the SC does not bear any responsibility for this. That is why all claims should be made only to the seller, and if the product is not included in the List of Technically Complex Goods (PP No. 575), immediately demand a refund from the seller. Fans are not included in List 575, so it was necessary to immediately refuse to fulfill the purchase and sale agreement and demand from the seller a return of the money, which he would have to return within 10 days (Article 22 of the PZPP), provided that there was no shortage Your fault. If a replacement was required, the seller would have a month, and repairs could take up to 45 days if the repair period was agreed upon in writing. Article 18. Consumer rights when defects are discovered in a product /laws/zpp/18.php List of technically complex goods in respect of which consumer demands for their replacement are subject to satisfaction if significant defects are discovered in the goods: /laws2/postan/post1.html Approved Decree of the Government of the Russian Federation of May 13, 1997 N 575 Article 19. Deadlines for submitting claims by the consumer regarding product defects /laws/zpp/19.php Article 20. Elimination of product defects /laws/zpp/20.php List of durable goods, on which are not covered by the buyer’s requirement to provide him free of charge for the period of repair or replacement of a similar product: /laws2/postan/postan51.html Article 21. Replacement of goods of inadequate quality /laws/zpp/21.php Article 22. Terms for satisfying individual consumer requirements /laws /zpp/22.php Article 23. Liability for delay in fulfilling consumer requirements /laws/zpp/23.php

Alina Vorobyova

Now for the serious question. I foresee indignation in advance... And yet, what would you do if you were your parents? Situation...

• The purely moral side of the issue is very complex. If I were my father, I would probably do the same. In St. Petersburg, at one time there was even a movement of dog hunters (those who shoot dogs), but go and look for them. However, this once again confirms...

Ilya Padorin

Can police officers do this? (in law). 1. “Police officers...have the right to use the vehicle of a law-abiding citizen for official purposes in exceptional cases...” Well, for example, a gentleman policeman took a gelding 600, wrecked it properly, will the state provide compensation? or the driver will be told, well, you helped and to hell with you, my dear! 2. So 2 homeless people attacked you, they rolled you up, you made one of them “nettles”, they say, well, that’s it, you’ve finished your game and take out the Xivs. How can you distinguish them from maniacs, should they show identification before using force?

• Lawyer's answer:

  The order states: “The vehicle being used is controlled by the driver himself in the absence of the need to remove him from control.” And such a need, according to the newly minted police officers, may be the pursuit of a criminal or the prevention of a crime. True, before using the car, they will have to inform the place and time of return of the car to the owners and then, upon request, issue a certificate that a law enforcement officer used the transport. The policeman who took the car will be required to immediately report this to the duty station, and upon completion of use, leave the car at the door of the internal affairs department, describe the condition of the car and what was in it. The responsibility to return the car to the driver will fall on the duty department of the internal affairs department. At the same time, it is prohibited to use the cars of diplomats and consular employees, as well as if they contain pregnant women or minors. If the car is damaged, “documentation of the damage is carried out in in the prescribed manner» with the provision of copies of documents to the owner. http://www.rg.ru/2011/08/18/police.html Article 19. The procedure for using physical force, special means and firearms 1. Police officer before use physical strength, special means or firearms is obliged to inform persons against whom the use of physical force, special means or firearms is expected that he is a police officer, warn them of his intention and provide them with the opportunity and time to comply with the lawful demands of a police officer . In the case of the use of physical force, special means or firearms as part of a unit (group), the specified warning is given by one of the police officers included in the unit (group). http://www.consultant.ru/popular/police/115_5.html

Timur Malanov

Which articles of which laws prohibit pointing firearms at people unnecessarily? What are the penalties for this? Not Art. 119 of the Criminal Code of the Russian Federation = Threat of murder! or rather, not only it - there seems to be a separate rule that prohibits unnecessarily pointing a firearm at people, EVEN IF IT IS KNOWN FOR EXACTLY THAT THE WEAPON IS NOT LOADED.

• Lawyer's answer:

• Yaroslav Balabanov

  Please help me solve a problem in administrative law... During the release of hostages taken by three drunken unknowns, 14-year-old Ivanov was wounded. Captain Sidorov indicated in his report that Ivanov attacked him with a knife in his hands when the captain tried to free a pregnant woman from handcuffs. Is it possible to prosecute the captain for exceeding his official powers, since Ivanov was fully physically consistent with his age? Could the captain have used firearms against him? Thank you in advance.

  • Lawyer's answer:

    Note. The use of firearms is prohibited (Parts 5 - 6, Article 23):
    - in relation to women, persons with obvious signs of disability, minors (except for cases of armed resistance by these persons, commission of an armed or group attack that threatens the life and health of citizens or a police officer);
    - in case of a significant concentration of citizens, if as a result of its use random persons may suffer.

    According to Art. 23 of the Police Law, a police officer has the right to use firearms:
    - to protect another person or oneself from attacks involving violence dangerous to life or health;
    - suppression of attempts to seize firearms, vehicles, special and military equipment of the police;
    - release of hostages;
    - detaining a person caught committing a grave or especially grave crime against life, health or property and trying to escape, if it is not possible to detain this person by other means;
    - detention of a person offering armed resistance or refusing to comply with a legal requirement to surrender weapons, ammunition, explosives, explosive devices, toxic or radioactive substances;
    - repelling a group or armed attack on buildings and structures of state and municipal bodies, public associations, organizations and citizens;
    - suppression of escape from places of detention of suspects and accused of committing crimes or escape from under escort of persons detained on suspicion of committing a crime, persons sentenced to imprisonment;
    - stopping a vehicle by damaging it, if the person driving it refuses to comply with the repeated demands of a police officer to stop and tries to escape, creating a threat to the life and health of citizens;
    - neutralizing an animal that threatens the life and health of citizens and (or) a police officer;
    - destruction of locking devices, elements and structures that prevent entry into residential and other premises for reasons specified by law;
    - firing a warning shot, giving an alarm or calling for help by firing a shot upward or in another safe direction.

Oleg Satanin

My dog ​​was killed, deliberately with a firearm, on the territory of my house... It happened at 3 o'clock, an unknown person shot 2 times at my dog ​​and disappeared. The body was discovered only in the morning. What kind of punishment does this s***** get?

• Cruelty to animals, and even then unlikely. If he entered the house, it is a breaking and entering. Depending on the intent, maybe he made an attempt on your life and the dog got in the way and he was forced to hide.

Valentina Maksimova

please tell me what punishment my son can suffer, they found a cartridge on him and opened a criminal case

• Lawyer's answer:

  If the son is a minor, then nothing terrible will happen; if he is an adult, it is at the discretion of the court. Most likely there will be a fine if the case goes to court, because they will make a discount for age. It is best to resolve the issue with the local police officer without taking the matter further. If anything, then you can change the testimony, citing any reasons - it is up to the police to prove guilt, and you can change the testimony by finding circumstances that will help you - neither directly nor indirectly making it clear that the cartridge was handed over by someone, or taken somewhere without asking for any purpose - simply found on the street on the same day on which he was caught and picked up simply as a find and kept without any malicious intent, simply as a beautiful thing. And at any time you have the right not to testify against yourself (under Article 51 of the Constitution), that is, not to give any more information to the investigation other than what is described in the protocol. No matter how the investigators, who may change, frighten or demand any information, do not tell them anything unnecessary - every word can be used against. Even in court, the verdict is made based on the decision of the jury, and if they do not see any crime, they will recommend the most lenient decision to the judge. In general, the law applies strictly to adults: Article 222. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition, explosives and explosive devices Ask a question about practical application This article in your specific situation can be found in Questions and Answers. (as amended by Federal Law No. 92-FZ of June 25, 1998) 1. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition (with the exception of civilian smooth-bore long-barreled weapons, their main parts and cartridges for it, firearms of limited destruction, its main parts and cartridges for it), explosives or explosive devices - (as amended by Federal Laws of July 21, 2004 N 73-FZ, of December 28, 2010 N 398-FZ) are punishable by restriction freedom for a term of up to three years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine of up to eighty thousand rubles or wages or other income of the convicted person for a period of up to three months or without it.

Use of weapons and physical force by any citizens, including those performing official duties, is considered a last resort. The rules are regulated by different legal documents. In particular, law enforcement regulated by Charters and federal legislation. Let's look at the basic rules next.

general information

Current legislation determines the cases in which it is permitted. The Criminal Code uses the following concept: If there are sufficient grounds, an official has the right to use a weapon in the performance of his duties. Meanwhile, the Charter and industry-specific federal laws establish a number of restrictions for cases that formally fall under the necessary defense.

Defense against attack

Use of weapons by Russian police permitted in the event of a clear threat to protected objects. These include, in particular, columns of vehicles, locations of military units and units, buildings, individual vehicles, echelons and guards. The attack can be carried out by both armed and unarmed people. In the first case, the attack is regarded as a threat to life. Accordingly, in such situations it will be considered necessary defense. As for the second case, such an attack does not pose a direct threat to life. Criminal law prohibits the deprivation of human life in such situations. Use of a weapon by a police officer is allowed after the employee assesses the proportionality of the expected harm and the damage that will be caused in response.

Suppression of illegal activities

Use of weapons by police permitted when they are serving at protected facilities, in the event of a threat of unlawful seizure. At the same time, officials are obliged to take into account that any property, including defense property, has less value than human life. In this regard, the decision to use weapons must be balanced.

Law enforcement

Use of weapons by police permitted if there is a threat to the health/life of the population. It does not matter in respect of whom the protection is carried out - civilians or those in the ranks of the Armed Forces. The conditions for the implementation of necessary defense provided for in the legislation cover the situation when a threat to the population is suppressed, if the alleged harm to health is excluded from it. In other words, it is allowed if there is real threat for the lives of citizens. At the same time, the law makes one more reservation. The standards state that the use of special equipment is permitted if it is impossible to ensure protection by other means. According to a number of experts, the inclusion of this clause in the law is inappropriate.

Detention

Legislation and the Charter allow use of a weapon by a police officer against citizens who resist. However, in this case one condition must be met. The person being detained must be armed. Employees can use a machine gun, pistol and other special equipment if the citizen does not want to surrender voluntarily. It is worth saying that the very fact that the subject who is being detained has a weapon, as well as his resistance and unwillingness to comply with the demands of law enforcement officials, act as the basis for qualifying his behavior as a criminal offense.

Specifics

The purpose of detention is determined by the Criminal Code (38 article). Use of weapons, according to the norm, should not be in relation to the subject under any circumstances. It states, in particular, that the purpose of detention is to bring the citizen to law enforcement agencies and to prevent him from committing new illegal acts. Thus, the subject must be detained and brought to the control room. However, after conducting a more in-depth analysis of the norm, we can draw the following conclusion. Armed resistance shown by a citizen from the moment the confrontation begins with representatives of law enforcement agencies is an encroachment on their life. In such a situation, accordingly, conditions are created for the presence of a weapon in the subject’s possession, even if it was not used by him at the time of the suppression, which is a sufficient basis for the employees to carry out retaliatory actions that could lead to the death of the offender.

Additionally

Other cases in which it is allowed are also specified. So, part two of Art. 14 UVS allows its use to call for help, scare away animals that pose a threat to the life/health of the population, as well as to sound an alarm. It is worth noting that provisions allowing for emergency situations are also present in other regulations.

Prohibitions

In Art. 14 of the Criminal Code defines categories of citizens against whom the use of weapons is not permitted. These include:

1. Minors, if their age is obvious or known.
2. Women.
3. Persons with external and obvious signs of disability.

If these citizens are armed or commit a group attack, thereby creating a threat to the lives of others, the use of weapons is permitted if it is impossible to neutralize the danger posed by them by other means.

Regulatory support

Rules for the use of weapons by employees in general view established in the UVS, in parts 1 and 2 of Article 13. The normative act provides for certain powers for officials. They are implemented in the course of employees performing their duties. If absolutely necessary, the law allows the use of weapons during off-duty hours. The general provisions of the UVS also establish regulations regarding the wearing and storage of special equipment.

Law

The Federal Law “On Weapons” defines the rules for their use by civilians. The regulatory act establishes that the use of special equipment is allowed only if the subject owns them legally. Weapons may be used to protect life, health, property, extreme cases- and in the implementation of the necessary defense. Before using special means, a person is obliged to warn the citizen against whom they are directed about his actions. In exceptional cases this may not be done. In particular, we are talking about situations in which delay can cost a person his life or lead to other serious consequences. When using weapons, the subject must not cause harm to third parties. The Law requires that every incident of use of special equipment be reported to the territorial department of the Internal Affairs.

Wearing rules

The legislation defines the categories of citizens who should not carry or use weapons. These include:

1. Persons under the influence of alcohol.
2. Citizens taking part in demonstrations, processions, rallies, meetings, religious rites/ceremony, picketing, cultural events, sports or other events involving large quantity of people.

The last rule, however, does not apply to:

Entities that act as organizers of entertainment, cultural, sports and other events public events, are given the right to temporarily store special equipment that legally belongs to citizens, according to the rules established in federal legislation.

Belikin V.V.D.Sc., Professor,
Head of the Department of Professional, Service and Physical Training

Zarypov V.Z.
Senior Lecturer at the Department of Professional, Service and Physical Training
Academy of Management of the Ministry of Internal Affairs of Russia

Kosikovsky A.R.Pedagogical Sciences, member of RAYUN,
Lecturer at the Department of Professional, Service and Physical Training
Academy of Management of the Ministry of Internal Affairs of Russia

Use of a firearm by a police officer.

Among the administrative coercive measures used by police officers to protect the individual, the interests of society and the state from illegal attacks, the most stringent is the right to use firearms.

On the one hand, these powers, like no other, deeply interfere with the fundamental rights of citizens enshrined in the Constitution of the Russian Federation and are associated with a high risk of grave and irreversible consequences, up to and including the deprivation of a person’s life. On the other hand, these are effective means of protecting the legitimate interests of law-abiding citizens and police officers from socially dangerous attacks by persons who deliberately and grossly violate the law, and ensuring personal safety. Therefore, the application of these enforcement measures must be carried out on the basis of clear legal regulation and in strict accordance with the law.

The Federal Law “On Police” grants the right to a police officer personally or as part of a unit (group) to use firearms in the following cases:

• to protect another person or oneself from an attack, if this attack involves violence dangerous to life or health;
• to suppress attempts to seize firearms, police vehicles, special and military equipment in service (support) of the police;
• to free hostages;
• to detain a person caught committing an act containing signs of a grave or especially grave crime against life, health or property, and trying to escape, if it is not possible to detain this person by other means;
• to detain a person offering armed resistance, as well as a person refusing to comply with a legal requirement to surrender weapons, ammunition, explosives, explosive devices, toxic or radioactive substances in his possession;
• to repel a group or armed attack on buildings, premises, structures and other objects of state and municipal bodies, public associations, organizations and citizens;
• to prevent the escape from places of detention of suspects and accused of committing crimes or the escape from convoy of persons detained on suspicion of committing a crime, persons against whom a preventive measure in the form of detention has been applied, persons sentenced to imprisonment, as well as to suppress attempts to forcefully release these persons.

In the legal literature, the use of firearms by internal affairs officers is considered a measure of administrative coercion.

In accordance with the classification of measures of administrative coercion accepted in the science of administrative law, which is based on the method and goals of ensuring law and order, the use of weapons is classified as measures of administrative restraint.

Administrative measures of restraint are characterized by the fact that their use is caused by an actually arising illegal situation and makes sense only when the violation of law and order is still ongoing. The main determining purpose of applying these measures is to ensure the cessation of the violation and elimination of the illegal situation. Depending on the specific situation, the immediate goal may be to prevent unlawful behavior, eliminate harmful consequences unlawful behavior, creating the necessary conditions for the possible future bringing of perpetrators to justice.

These measures are used in the process of executive and administrative activities only by authorized subjects of administrative power (including the police), which is the result of the manifestation of their state powers.

Preventive measures are the operational actions of a body or official to directly stop unlawful behavior. The use of these measures is associated with direct intervention in the actions of the offender in order to stop them. As a result, through psychological or physical influence, the offender is deprived of the actual opportunity to continue unlawful actions and is encouraged to perform certain duties. The listed characteristics are common to all measures in this group. They fully relate to the use of firearms, which allowed administrative scientists to attribute this measure influence on administrative measures.

At the same time, the use of administrative coercion is mainly associated with the commission of an administrative offense, since this is inherent in most measures of administrative coercion. The peculiarity of the use of firearms, in contrast to other measures of administrative restraint, is that the use of this measure, as a rule, is not associated with the commission of an administrative offense, but is due to the need to stop only such acts that, based on the degree of public danger, are classified as crimes. In this regard, in the literature there are various judgments regarding the sectoral affiliation of the measure under consideration.

Thus, some authors believe that the use of firearms is a criminal measure, since it is aimed at suppressing a crime, and not an administrative offense. Others argue that the use of weapons is a measure of criminal rather than administrative coercion, since firearms can only be used against persons who have committed a crime, and moreover, a serious crime. A number of authors, based on the fact that the use of weapons as a preventive measure is permissible only in relation to special dangerous criminals, conclude that the use of weapons cannot be recognized as a measure of administrative restraint, but should be classified as measures of a criminal procedural nature.

Generally supporting the position of administrative scientists who criticize this kind of point of view and justify the use of firearms as measures of administrative coercion, it is believed that in order to correctly determine the sectoral affiliation of the measure of influence in question, it is necessary to more clearly understand the nature of those public relations that develop at the time of the use of firearms by internal affairs officers, that is, the legal nature of this measure.

First of all, it should be noted that the results scientific research Administrative scientists on the problems of administrative coercion convincingly prove the need for its use not only in connection with the commission of administrative offenses, but also when special conditions arise, or to prevent and suppress crimes.

The specificity of the use of firearms by police officers, as well as other measures of administrative restraint, is that its use occurs within the framework of special protective (administrative and legal) relations that develop in the sphere of government controlled, which have as their goal, first of all, the elimination of the very fact of the offense on the spot and during its commission. The specifics of these management relations objectively determine the need for the relevant officials to react independently and quickly to offenses, and to promptly use the government powers granted to them.

In accordance with the cases established by law, police officers have the right to use firearms only when it is necessary to ensure an immediate response to socially dangerous and, as a rule, illegal actions being committed. However, such actions are not always criminally punishable (for example, the actions of a driver of a vehicle who creates a danger to the life and health of people and refuses to stop at the repeated legal demands of a police officer, actions of an insane person, or committed by a person under the appropriate age, directly threatening life and health of citizens)

The grounds for the use of firearms, that is, the legal facts with which the legislator associates the possibility of their use, contain the signs of the most dangerous and quite often encountered situations in practice, which at the same time can act as elements characterizing the objective side of grave and especially grave crimes, and also other dangerous actions entailing a violation of the subjective rights of citizens and (or) interests of the state.

The peculiarity of the legal relations emerging on the basis of these legal facts is that they arise in connection with the need to stop only a present and actual socially dangerous attack or event. The content of these legal relations consists in the commission of protective actions by an official at the moment when a real threat arises or a harmful intrusion into the sphere of legally protected public relations occurs. Protective actions can be carried out not only by police officers, but also by citizens themselves who are under attack or find themselves at the scene of the attack. illegal actions. The legal basis for such actions for citizens is the legislation on necessary defense, emergency and detention of the criminal.

Unlike citizens, the actions of police officers, for whom the suppression of illegal actions of various natures is among their professional duties, received more detailed regulation in the law. The powers to use firearms in the police's arsenal are set out in Art. 23 of the Law of the Russian Federation “On Police”, and in Art. 18 of this law enshrines coercive measures used by police officers as means and methods of necessary defense, detaining offenders, and protecting law and order in conditions of extreme necessity. These measures are aimed at the present and therefore are most often able to independently and quickly resolve a conflict situation. This is a natural primary protective reaction.

It is first aid that exhausts the purpose of this group of measures, including such as the use of firearms. Therefore, the legal nature of the use of firearms is that these measures of influence are applied by police officers when a state of necessary defense, extreme necessity arises, or when detaining a person who has committed a crime.

Thus, the use of firearms, based on their legal nature and purpose, refers to measures of special administrative suppression (protection), and depending on the method of implementation, they are legitimate violent methods of influencing a person committing a socially dangerous act, a vehicle or an animal (direct coercion).

Armed resistance and armed assault are resistance to a police officer and an attack on him, committed with the use of weapons of any kind, or objects that are structurally similar to real weapons and outwardly indistinguishable from them, or objects, substances and mechanisms with the help of which a police officer can be seriously injured. harm to health or death.

The Russian Law “On Police” expands the right of a police officer to use firearms:

• to stop a vehicle by damaging it, if the person driving it refuses to comply with the repeated demands of a police officer to stop and tries to escape, creating a threat to the life and health of citizens;
• to neutralize an animal that threatens the life and health of citizens and (or) a police officer;
• to destroy locking devices, elements and structures that prevent entry into residential and other premises on the grounds provided for in Article 15 of the Federal Law “On the Police”;
• to fire a warning shot, sound an alarm, or call for help by firing a shot upward or in another safe direction.

In accordance with Part 4 of Art. 23 of the Federal Law "On Police" a police officer is given the right to use a new type of service firearm - a firearm of limited destruction.

Firearms of limited destruction are pistols, revolvers and barrelless shooting devices of domestic production, designed to hit a living target at a distance with traumatic equipment thrown and not intended to cause death to a person.

A police officer has the right to use a service firearm of limited destruction in all previously listed cases of use of firearms, as well as:

• to suppress resistance to a police officer;
• to detain a person caught committing a crime and trying to escape;
• for the release of forcibly detained persons, seized buildings, premises, structures, vehicles and land plots;
• to suppress riots and other illegal actions that disrupt traffic, the operation of communications and organizations.

The Federal Law “On Police” prohibits a police officer from using firearms with a lethal shot against women, persons with obvious signs of disability, minors, when their age is obvious or known to the police officer, except in cases where these persons provide armed resistance, commit armed or a group attack that threatens the life and health of citizens or a police officer.

In addition, a police officer does not have the right to use firearms in a large gathering of citizens if random persons may be injured as a result of its use.

An armed police officer, in accordance with the Federal Law “On Police,” when performing functional duties in order to comply with guarantees of personal safety, has the right to draw a firearm and prepare it for immediate use if grounds for its use arise.

Bibliography.

1. Constitution of the Russian Federation dated December 25, 1993, (taking into account amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ and dated December 30, 2008 No. 7-FKZ, articles 20, 22, 25 gl. .2).

2. About the police: Federal Law of the Russian Federation dated February 7, 2011 No. 3-FZ // Russian newspaper dated February 10, 2011, No. 28. Art. 15.

3. On weapons: Federal Law of the Russian Federation dated December 13, 1996 No. 150-FZ (adopted by the State Duma of the Russian Federation on November 13, 1996) (as amended on April 5, 2011) // Rossiyskaya Gazeta, dated April 8, 2011 No. 75 .

4. Commentary on the Criminal Code of the Russian Federation. M.: INFRA M-Norma Publishing Group, 2009. P. 74.

5. Administrative Law: Textbook / Ed. Yu.M. Kokhyuva, L.L. Popova. - M.: Yurist, 2009. P 304; Korenev A.P. Administrative law of Russia. Textbook. In 3 parts. Part 1. M.: MJI Ministry of Internal Affairs of Russia, 2008. P. 197 - 198; Manokhin V.M., Adushkin Yu.S., Bagkshaev Z.A. Russian administrative law: Textbook. M.: Yurist, 2008. P. 172, 203.

6. Administrative Law: Textbook / Ed. Yu.M. Kokhyuva, L.L. Popova. M.: Yurist, 2009. P. 304; Korenev A.P. Administrative law of Russia. Textbook. In 3 parts. Part 1. M.: MJI Ministry of Internal Affairs of Russia, 2008. P. 197 - 198.

7. Manokhin V.M., Adushkin Yu.S., Bagkshaev Z.A. Russian administrative law: Textbook. M.: Yurist, 2008. P. 172, 203.

8. Popov L.L. Legal basis for administrative and compulsory measures to protect public order // Legal basis for ensuring public order: Tutorial/ V.V. Lazarev, L.L. Popov, L.M. Rozin. - M., 2008. P.71.

Application and use of combat hand small arms, service and civilian firearms Milyukov Sergey Fedorovich

§ 5. Legal basis for the use of firearms by citizens of the Russian Federation

In accordance with Part 1 of Art. 24 of the Federal Law of December 13, 1996 “On Weapons”, citizens of the Russian Federation can use the weapons they legally possess for the purposes of self-defense, namely to protect life, health and property in a state of necessary defense or emergency. It should be noted that this article establishes identical grounds the use of both gas and firearms by citizens.

Firearms are prohibited from being used against women, persons with obvious signs of disability, and minors when their age is obvious or known, except in cases where these persons commit an armed or group attack. The owner of the weapon must immediately, but no later than 24 hours, report to the internal affairs agency at the place where the weapon was used about each case of the use of a weapon that resulted in harm to human health.

Moreover, with regard to the tactical and technical characteristics of civilian firearms, the Federal Law “On Weapons” establishes quite stringent requirements, for example, in accordance with Part 1 of Art. 3 it must exclude burst fire and have a magazine (drum) capacity of no more than 10 rounds. Citizens' concerns about ensuring reliable protection of their honor, dignity, life, family, home, property are expressed in proposals to grant them the right to acquire, store, carry and use any firearms (for example, sniper rifle with a laser sight, machine gun or grenade launcher). However, the question immediately arises: to what extent do such proposals comply with the norms establishing the rules for the use of weapons?

In accordance with current legislation, a person who used a firearm in a state of necessary defense or extreme necessity will not be held liable for the harm caused to the attacker, unless the limits of necessary defense or extreme necessity were exceeded.

When in hand powerful weapons, a citizen is faced with the choice to make a responsible and legally significant decision, for the consequences of which he must answer to the state. The greater the destructive power of the firearm used, the greater the risk of violating the rules of proportionality between defense and attack and, accordingly, the likelihood of becoming a defendant.

According to the meaning of the law, the legality (or illegality) of defense depends not on what and how a person is defended, but primarily on the ratio of the harm caused and the harm prevented. However, in judicial practice long years there was a stereotype: the one who has suffered more damage than he caused is justified in defending himself, i.e. the harm actually caused to each other by the warring parties is compared. Therefore, if we accept the proposal to lift restrictions on the types and models of civilian firearms, then there will be a need for a radical revision of both the law on necessary defense and judicial practice in cases of this category.

Article 24 of the Federal Law “On Weapons” allows its use to protect property. This is a new approach to the problem of self-defense, because for many years in theory and judicial practice the life and health of a criminal was recognized as a more valuable good than the property of a law-abiding person, and if the owner acted decisively, he was prosecuted for exceeding the necessary defense. However, the law does not answer the question of what kind of threat to property is the reason for firing a shot to kill the intruder.

Therefore, before talking about the need to provide citizens of the Russian Federation with the right to purchase any firearms, it is first necessary to solve the problem of the imperfection of the rules governing the grounds and procedure for their use.

In addition, the mere presence of a “machine gun” or “grenade launcher” in a citizen’s arsenal of means of protection will not solve the problem of his security. As practice shows, in most cases, police officers suffered at the hands of criminals not because they lacked service weapon, but due to weakening of vigilance and unpreparedness to repel a sudden attack, or, as a consequence of this, due to indecisiveness and slowness of their actions. This happens, first of all, because criminals choose the time, place, method, instruments of attack, and the victim in such a way as to achieve success. That is, an advantage over the victim is ensured in advance. Therefore, the lethality of a weapon in most cases is not of fundamental importance.

In our opinion, the Federal Law of December 13, 1996 “On Weapons”, establishing the relevant requirements for tactical and technical parameters civilian weapons, rather fully, clearly and balancedly than previous legislation, takes into account the needs of practice. It seems that proposals to lift restrictions on types and models of civilian firearms are dictated not so much by concern for reliable protection citizens from criminal attacks, as much as the interests of the weapons manufacturer itself.

Having followed this path, the state Once again will shift responsibility for ensuring the protection of the life and health of citizens from criminal attacks and for the consequences of such actions onto themselves. It seems that it would be more correct if this is done by professionals, i.e., relevant officials of state paramilitary organizations, to whom the state is obliged to provide the necessary legal protection. But about equipping professionals with the most modern weapons the state must take serious care to comply with one of the requirements of the Basic Principles on the Use of Force and Firearms. Its essence is as follows: “Governments and law enforcement agencies develop the widest possible arsenal of tools and provide law enforcement officials with various types weapons and ammunition, allowing differentiated use of force and firearms. These include the development of non-lethal but incapacitating weapons for use in appropriate situations to further reduce the use of weapons capable of killing or injuring.”

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Chapter 5 Tactical basics of the use and use of firearms

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