GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
On approval of the Procedure for the use of weapons and military equipment
while protecting the state border of the Russian Federation
Abolished from March 10, 2010 on the basis of
resolutions of the Government of the Russian Federation
dated February 24, 2010 N 80
____________________________________________________________________
Pursuant to Article 35 of the Law of the Russian Federation "On the State Border of the Russian Federation", the Government of the Russian Federation
decides:
1. To approve the attached Procedure for the use of weapons and military equipment in the defense of the state border of the Russian Federation.
2. The Federal Border Service of the Russian Federation, in accordance with the Procedure approved by this decree, develop and approve the rules for the production of warning shots and the use of weapons and military equipment by servicemen of the bodies and troops of the Federal Border Service of the Russian Federation while protecting the state border of the Russian Federation.
Prime Minister
Russian Federation
V. Chernomyrdin
APPROVED BY
government decree
Russian Federation
dated January 8, 1998
N 20
ORDER
the use of weapons and military equipment when protecting
state border of the Russian Federation
1. This Procedure regulates the use of weapons and military equipment (weapons of warships, aircraft, armored vehicles) by military personnel of the bodies and troops of the Federal Border Service of the Russian Federation (hereinafter referred to as military personnel) performing tasks to protect the state border of the Russian Federation on land, sea, rivers, lakes, other bodies of water and at checkpoints across the state border of the Russian Federation within the border area.
2. Weapons and military equipment are used in cases and in accordance with the requirements specified in Article 35 of the Law of the Russian Federation "On the State Border of the Russian Federation".
3. Servicemen use weapons and military equipment upon the decision of the respective commanders (chiefs) or seniors, as well as independently when performing tasks to protect the state border of the Russian Federation (hereinafter referred to as the state border) while being in the border detachments, inspection teams, crews, crews , divisions, military units and formations.
4. The commander of a warship or aircraft, before using weapons to kill, must:
give a ship that has violated the generally recognized principles and norms of international law or the rules of navigation (stay) in the waters of the Russian Federation (hereinafter referred to as the violating vessel), internationally accepted signals with the requirement to stop (from a distance that allows the crew of this ship to see or hear these signals );
to warn in the process of pursuit the violating vessel by giving signals accepted in international practice (from a distance allowing the crew of this vessel to see or hear these signals) about the use of weapons against the vessel if it does not comply with the request to stop;
fire warning shots in case of disobedience. At the same time, measures should be taken to prevent the intruder and other vessels and aircraft in the area from entering. The decision to fire warning shots is taken by the commander of a warship or aircraft;
ascertain that, despite the signals and warning shots given, the offending vessel does not comply with the order to stop and tries to escape.
The commander of a warship or aircraft shall immediately report to his immediate superior about the production of warning shots and the actions of the offending vessel.
The decision to use weapons to kill against the violating vessel is made by the commander of a warship, aircraft or his immediate (direct) superior.
The use of weapons to kill by helicopters based on a warship is made by the decision of the commander of the warship.
5. Weapons of aircraft of the Federal Border Service of the Russian Federation performing tasks to protect the state border, when they are in the duty forces and air defense means, can be used against low-flying and low-speed targets (light aircraft and helicopters, hang gliders, balloons, etc. .) in the manner established by the decree of the Government of the Russian Federation of August 19, 1994 N 977 "On the procedure for the use of weapons and military equipment while guarding the State Border of the Russian Federation in the air" (Collected Legislation of the Russian Federation, 1997, N 43, Article 4982) ...
6. Outside the territorial sea of the Russian Federation, the weapons of warships and aircraft may be used against an intruder vessel before this vessel enters the territorial sea of its own or a third state, if the pursuit was started in the waters of the Russian Federation after the signals, accepted in international practice, demanding to stop. (from a distance allowing the crew of this vessel to see or hear these signals) was carried out continuously and other measures necessary to stop the violation and detain the vessel were exhausted.
7. When using weapons and military equipment, measures should be taken to prevent bullets (shells) from hitting the territory of a neighboring state, except in cases of repelling an armed invasion or attack from the territory of this state into the territory of the Russian Federation and suppressing armed provocations on the state border.
Weapons and military equipment are not used if measures are not provided to prevent other ships and aircraft from entering the area, or if unauthorized persons may be injured as a result of their use.
8. Authorized officials of the Federal Border Service of the Russian Federation shall immediately (but no later than one day) report:
to the Ministry of Foreign Affairs of the Russian Federation about each case of firing warning shots and the use of weapons and military equipment against foreign violating ships;
to the appropriate prosecutor's office about each case of the use of weapons and military equipment, resulting in injury or death of people.
9. Servicemen of the bodies and troops of the Federal Border Service of the Russian Federation for violation of this Procedure shall be held liable in accordance with the legislation of the Russian Federation.
Electronic text of the document
prepared by Kodeks CJSC and verified by:
"Collection of legislation of the Russian Federation",
No. 2, 01/12/98, Art. 273
The state border in violation of the rules established by this Law, in response to the use of force by them or in cases where the termination of the violation or the arrest of the violators cannot be carried out by other means; to protect citizens from an attack threatening their life and health, to free hostages; to repel an attack on servicemen, persons performing official duties or a public duty to protect the State Border, members of their families, when their lives are in immediate danger; to repel an attack on units and facilities of border agencies, the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation participating in the protection of the State Border, including to provide assistance to ships (boats), aircraft and helicopters in repelling an armed attack on them ...
The use of special tools
These Rules regulate the procedure for the use of weapons (small arms, artillery, small arms and cannons, missiles) and military equipment (ships, boats, patrol ships (hereinafter referred to as border ships), helicopters and aircraft (hereinafter referred to as aircraft) when protecting and guarding the state border. Of the Russian Federation (hereinafter - the state border) within the border territory, protection of internal sea waters, the territorial sea of the 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 the economic and other legitimate interests of the Russian Federation within the border area, the exclusive economic zone and the continental shelf of the Russian Federation.
2.
Current edition
When firing warning shots, the border guard detachment, the inspection group, 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 missiles.
16. During the performance of their duties as part of border patrols, inspection teams and other units designed to ensure border activities, warning shots from small arms are fired upward, after shouting to the violator “Stop, I will shoot!”.
17.
Article 35.Use of weapons and military equipment
How camouflage is achieved in border dress. Camouflage in the border guard is achieved by: knowledge of the terrain and the implementation of camouflage techniques and methods by servicemen in all conditions; keeping official secrets; hidden placement and movement in the protected area; the correct use of the camouflage properties of the terrain, service camouflage means, local materials; demonstrative actions; the strictest observance of the requirements of camouflage discipline; timely detection and elimination of unmasking signs.
While serving in the border detachment "D", you observe a balloon at a distance of about 3 km on the territory of a neighboring state, flying towards the Republic of Belarus at an altitude of about 300 m, heading 110.
TICKET 2 Types of border patrols.
Article 35.Use of weapons and military equipment
Info
It is prohibited to use weapons and military equipment against women and minors, except in cases of an armed attack from them or providing armed resistance or a life-threatening group attack; on air, sea, river vessels and other vehicles with passengers; in relation to persons who illegally crossed or attempt to cross the State Border, if this happens clearly by accident or in connection with an accident, the influence of irresistible forces of nature. The procedure for the use of weapons and military equipment is determined by the Government of the Russian Federation. Servicemen of other types of the Armed Forces of the Russian Federation, 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.
Attention
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, the danger of damage or destruction for border ships (aircraft), other ships, aircraft and may entail other grave consequences (road traffic accidents, disasters, sabotage and other public disasters), as well as in the absence of communication with the relevant chief (commander) and in cases of use 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 accordance with the established procedure.
27.
The aircraft from which the order to stop is given, before a decision is made to use weapons against the intruder, must itself actively pursue the intruder, while any border ship (aircraft), as well as other state ships and aircraft providing assistance 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 its own or a third state.
Border guards are prohibited from using weapons and military college
It is prohibited to use weapons and military equipment against women and minors, except in cases of an armed attack from them or providing armed resistance or a life-threatening group attack; on air, sea, river vessels and other vehicles with passengers; in relation to persons who illegally crossed or attempt to cross the State Border, if this happens clearly by accident or in connection with an accident, the influence of irresistible forces of nature. The procedure for the use of weapons and military equipment is determined by the Government of the Russian Federation. Servicemen of other types of the Armed Forces of the Russian Federation, 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.
The Russian Federation or the suppression of 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 violator (violator vessel) and (or) prevent the onset of other serious consequences (bullets (shells, missiles) hitting third (unauthorized) persons, other ships, 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 offender (offender 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.
On the state border of the Russian Federation. RF Law of 01.04.1993 No. 4730-1) Article 35.
Use of weapons and military equipment Border agencies, Air Defense Forces and the Navy, while protecting the State Border within the border territory, use weapons and military equipment to repel an armed invasion of the territory of the Russian Federation, to prevent attempts to hijack abroad by air, sea, river vessels and other vehicles without passengers.
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 territory, 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 the police".
A complete list of special means in service with border agencies, the grounds and rules for their use by servicemen of border agencies, as well as by servicemen 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 of the intention to use, while providing sufficient time to fulfill the employee's requirements, except for those cases when 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 grave 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 bodily 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 for 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 assemblies, rallies, street processions 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 the detention of 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 examined the legal basis for the use of weapons and special means by employees of the Federal Security Service, gave a brief description of them 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;
the limits of the use of special tools.
The legal regulation of 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 equipment in service with the Border Guard 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 of the border area 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 territory;
sufficient grounds to believe that the 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 unlawful 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 grave 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, servicemen, 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 by accident or in connection with an accident, the impact 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 for cases when they commit an attack or offer 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 it into components and giving a detailed description of each of the elements.
Summing up the paragraph, we can conclude that we have given 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 activity of FSB employees.
Conclusion
Summing up the work done, it should be noted that we carried out a comprehensive study in the area 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 of the course work, we focused on the study of normative legal material, namely, the legal framework regarding the use of weapons and special means by FSB officers. Here were given the main legal acts regulating this field of activity, both at the level of law and at the level of a by-law normative legal act, they were given a characteristic.
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 the weapon 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) in charge of 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. The outfits delivered by car (helicopter, boat), the weapon is loaded upon arrival at the place of duty 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 standing firing;
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;
Perform a control trigger release, put the weapon on the safety;
Take the weapon to the "on 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 carried out 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 firing.
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, climbing to and from an observation tower, performing various works, the weapons of the border guards 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 hinder 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 with knives. Officers and warrant officers (super-conscripts) appointed by the 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, the arming of the squads with firearms is 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.
At 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 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 military personnel, 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 they are 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 violating 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 regions, 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 weapons, 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 a 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.
The legal basis for the use of weapons by military personnel
while guarding 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 the modern problems that determine the need for the use of weapons by military personnel in the performance of official tasks for the protection of the state border. The article analyzes and explains the provisions of new legal acts regulating the use of weapons.
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, the 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 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 weapons in the protection and protection of the state border of the Russian Federation. 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, those 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 , attracted on the basis of plans of interaction and joint decisions of the relevant federal executive bodies in the protection of the state border, including for participation in border searches and operations, as well as assistance in the protection of internal sea waters, the territorial sea, the exclusive economic zone and the tinental 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 presupposes compliance with the legal framework established by law.
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 promptly 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 shall be deprived of his life intentionally, except in the execution of a sentence of death imposed by a court for the commission of a crime for which such punishment is provided 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 rights referred to above may not be subject to any restrictions other than those provided for by law, necessary for the protection of national security, public order, public health or morals or the rights and freedoms of others, and are compatible with other rights recognized in the present Covenant. ”
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