Ensuring the safety of the tax police in the application of physical influence
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Section 1. The concept, purpose and principles of personal safety in the application of physical restraint
1.1 The concept of the physical effects
1.2 The purpose of the physical effects
1.3 Principles of personal safety when using physical restraint
Section 2. Improving the practice of physical restraint in the activities of the tax police to enhance personal safety
2.1 Cultural and moral and ethical aspects of personal safety tax militiamen
2.2 Psychological and educational technology personal security tax militiamen
2.3 Modern ways of improving special physical training to enhance personal safety of the tax police
Section 3. Legal protection of the tax police in applying physical effects
3.1 Legal protection of the tax police in applying physical effects
3.2 responsible for violations of physical impact tax police
3.3. proposals to improve the personal security of international experience
Abstract: In this lecture we considered the safety of employees at the tax police use of physical impact. But the concept, purpose and principles of physical effects, important legal, psychological, physical training, legal and social protection of the tax police, his responsibility. Also, the author will be offered some suggestions to improve the preparation of students of the National University of State Tax Service of Ukraine to enhance personal safety.
Background: In the current circumstances, the government seeks to build a civil society in which human values are the most important, and their protection is of primary importance.
One of the bodies, which aims to protect the rights and freedoms of citizens and the interests of society and the state from illegal encroachments, Ukraine’s economic interests is the tax police as armed state executive body. In exercising its tasks, it has the right to apply measures of physical effects, special means and firearms in cases and order stipulated by the current legislation of Ukraine.
To stop crime, combating anti legitimate demands of the tax police, if other methods failed to discharge its duties, the police have the right to apply measures of physical influence, including close combat techniques. In addition, the police have the right to use handcuffs, rubber batons, means binding, tear substance, light and distractions of devices, devices for open space and forced stop transport, water cannons, armored vehicles and other customized vehicles, and use of dogs.
Given the diversity of methods and techniques that are in the arsenal of law enforcement officers, he must possess, and use their professional skills, but realities show that the majority of tax police are afraid to apply or not apply the correct means of physical restraint, special means or firearms. Increased attention to this problem also caused by the possibility of error, arbitrariness, or conniving government officials using coercion. To illustrate the overall picture of this issue can cause such an example, in 1998, the courts of Ukraine satisfied 96% of claims and complaints about the protection of rights of citizens and legal persons.
The study justifies the need for the introduction of sub-states of the tax police office instructors to train police officers legal grounds, organizational, tactical use of special tools as well as developing methods for their use, streamlining accounting of the facts of the use of these funds.
Scientific figures who investigated this topic: VG Afanasyev, Astemirov ZO, Bahraha DM Bondurka OM Veremeenko II, Holosnichenka IP, Goncharuk ST Danshina IM, dear MM, Yeropkin MI Efimova ME, Zhalinskoho OE, Zahorodnikova MI Zotov LV, Ihitova VI, Koval L. V. Kazimirchuk VP, Kerimov DO Klyushnichenka OP Kuragin GG, Kournikova V.
The purpose and objectives of the abstract: The objective of the study is a comprehensive security tax police employees in the application of physical impact. Factors affecting the level of danger and moral, psychological, professional and physical qualities employee PM.
Development is providing advice on choosing the optimal training program for students of the National University of State Tax Service of Ukraine. Parenting skills necessary to serve in the tax police units.
The object of the study are: personal security tax police
The subject of the study are: rules for the application of physical restraint, the legal consequences of such use and personal security officer in the performance of assigned tasks.
Section 1. The concept, purpose and principles of personal safety in the application of physical restraint
1.1 The concept of personal safety in the application of physical restraint
personal safety tax police
Personal security tax police — a set of basic and supplementary measures aimed at reducing hazards to real-possible level, which guarantees the preservation of life and health, normal mental status and capacity of the employee in the performance of duties, professional tasks in everyday and extreme situations.
Key measures of personal security: professional, spiritual, legal, tactical, psychological, educational, physical, individual.
1. Professional activities include acquisition and improvement of the service experience, combat, operational training, to his skillful use.
2. Spiritual measures include compliance culture behavior with colleagues from taxpayers to individuals who evade taxes, in a family of outsiders and stable moral behavior in different situations.
3. Legal measures — the compliance of the legal regulatory framework objective conditions and challenges professional performance. They provide knowledge of law, holding them in the performance of official duties and the development of appropriate regulations.
4. Tactical measures — knowledge of tactics criminals, and with this in mind skilful use of its tactical action to arrest the offender, Defeating him with minimal loss and maximum profit.
5. Psychological and educational activities — provide zmobilizovanist psyche nastroyenistyu more viable, active, decisive action and willingness to act in difficult or dangerous to life or health situations.
6. Physical measures — the ability to apply measures against criminal attack against the life and health. They include physical development, ownership-hand combat, as well as create sustainable psychomotor status to external manifestations of danger in order to protect their professional actions.
7. Individual measures — a set of individual qualities and characteristics employee, his ability to effectively apply the necessary measures and means to ensure personal safety.
Ancillary measures of personal security — human, organizational, psychomotor, executive, medical, logistical, social, economic.
1. Human activities — ensuring efficient operation of staff in accordance with professional competence, qualification level and the prospect of improving the professional skills of the employee.
2. Arrangements — providing organizational and management measures in accordance with applicable law and directing the activities of employees to perform the tasks of leadership.
3. Psychomotor measures — staff development in intellectual, motor and psychomotor skills.
4. Guidelines (management) activities — activities by management to ensure the security staff. There briefings, training, analysis of situations, bringing relevant orders and enforce the relevant regulations and guidelines.
5. Medical measures — the ability to provide first aid to the victim in both everyday and emergency situations using available medical and improvised.
6. Logistical arrangements — providing employees the necessary and modern material — technical means (weapons, special tools, equipment, personal video recording, communication, transportation, etc.) To prompt and effective resolution of service tasks and duties.
7. Social events — the presence of social security tax militiamen (compulsory insurance in case of accidents on duty, health care, creating appropriate conditions for work and rest) and increase the positive image of the profession.
8. Economic measures — the ability of employees to meet their material needs and the needs of your family.
The legal basis for the application of physical restraint, special means and firearms is the Law of Ukraine «On Police» Rules of special funds for the protection of public order in Ukraine, Regulations on the use of firearms, Regulations on the sale, purchase, registration, filing and application special means of self defense, the charged substances tear and irritant, Regulations on the acquisition, distribution, accounting, storage and use of firearms, ammunition, special PPE court officials and law enforcement agencies, and persons involved in criminal proceedings and other regulations.
To stop crime, combating anti legitimate demands police when other methods failed to discharge its duties, the police have the right to apply measures of physical influence, including close combat techniques.
When measures of physical restraint should understand the actions of a police officer, identified in the application of muscle power and mechanical effects on any organ of the body or the whole body of the offender without special means and firearms to stop an offense to detain the offender and avert danger threatens the life and health of citizens. In close combat techniques include throws, strikes, grappling, techniques exemption from them, search and escort techniques, blocks, waste line of attack and so on.
1.2 The purpose of the physical effects
According to the Law of Ukraine «On Police», namely Article 14 police officers have the right to use handcuffs, rubber batons, means binding, tear matter, light and distractions of devices, devices for open space and forced stop transport, water cannons, armored vehicles and other and special vehicles, and use of dogs in the following cases:
1) to protect citizens and protect themselves from attacks and other acts that endanger their life or health;
(Paragraph 1 of Article 14 extended to the personnel of the State Courier Service of Ukraine, the State Committee of Communications and Informatization of Ukraine in accordance with the Law N 834-XIV (834−14) of 06. 07. 99)
2) to stop mass disturbances and group violations of public order;
3) to repel the attack on the building, premises, facilities, vehicles, regardless of their origin, or their dismissal in case of capture;
(Paragraph 3 of Article 14 extended to the personnel of the State Courier Service of Ukraine, the State Committee of Communications and Informatization of Ukraine in accordance with the Law N 834-XIV (834−14) of 06. 07. 99)
4) for the arrest and delivery to the police or other office of a person who committed the offense, as well as escort and detention of persons detained or arrested, taken into custody, if the above persons resisting police officers or if there is reason to believe that they do escape or harm others or yourself;
5) to stop mass land seizures and other actions that could lead to a clash of groups and actions that paralyze the work of transport, life settlements encroach on the public peace, life and health;
6) to stop resisting police officers and other persons performing services or public duties to protect public order and the fight against crime;
7) for the release of hostages.
1.3 Principles of personal safety in the application of physical restraint
Principles for personal safety:
1. Organizational and legal;
3. Individual professional;
4. Methodically pedagogical principle;
5. The spiritual principle;
6. The psychological principle;
7. Specially-tactical principle.
1. Organizational and legal principle — a system of objective conditions for the efficient and safe performance of professional activities.
By organizational and legal principles include: the State of (Cabinet of Ministers, the State Tax Administration of Ukraine, Main Tax Police STA of Ukraine), the main task is scientifically sound implementation of legal, economic, logistical and other opportunities provided by the state to ensure protection system as a whole and its individual employees. Significant role played by the State Tax Administration of Ukraine, HUPM STA of Ukraine and in matters of social and psychological security: shaping a positive image of the tax police through the media and social organizations, groups creates tax police favorable socio-psychological atmosphere, improving leadership style and more. In addition to the organizational and legal principles as are the activities of leaders of the tax police;
2. Management principle defines the relationship between the various stages and phases of the process ensuring personal safety. By the principle of management includes ways to implement it: complexity, planning, monitoring, management, mandatory feedback, efficiency, hierarchy, staffing (selection, appraisal, etc.) responsibility, incentives, adequacy, clarity, only nachalnytstvo; interaction; coordination, timeliness, statistics, etc. ;
3. Individual professional principle — a system of measures to ensure personal safety and acquiring the necessary skills and experience.
Tax police to protect the personal safety must:
— Know and strictly implement the relevant orders, directives, practical guidance manuals STA HUPM Ukraine;
— Know the basic tactics of personal safety in various situations profession;
— Learn the basics of professional activity, mastery of special techniques, weapons, special facilities and communications and personal protective equipment;
— Form an individual willingness to use special equipment, weapons and special means and measures of physical effects;
— Be able to analyze and summarize the experience of safe behavior co-workers and other employees in the extreme conditions of performance;
— Know and apply creatively enrich tactics, techniques and tools to ensure personal safety and that of colleagues and others.
4. Methodically pedagogical principle — a fundamental idea that determine the direction of finding safe solutions and provide methodological and information base.
— Individual interviews;
— Analysis of operational performance and service problems from the standpoint of compliance with personal safety;
— Training of operational tactics;
— Study of psychological techniques of safe behavior;
— Formation of skills to act in emergency situations;
— Search for methods to reduce risk;
— And others.
5. The spiritual principle — a culture of behavior the tax police (formation of tax and legal culture) in all possible spheres of its activity (in the service, at home, in the family of a third party, etc.).
— Tax culture;
— Legal culture;
— Work culture (performance management);
— Moral aspects;
— Ethical aspects;
— Respect for tradition;
— Culture communicate with colleagues and the elders;
— A culture of behavior of taxpayers;
— A culture of behavior from a third party;
— A culture of behavior in the family (home);
— Culture of free time;
— Culture uniforms and others.
6. The psychological principle — provides psychological readiness for survival «is moral and behavioral settings that contribute to personal safety.
Psychological preparedness of tax militia to protect the personal safety include:
— Basic psychological techniques to ensure personal safety in various situations profession;
— Psychological rules of communication with colleagues;
— Psychological rules of communication with taxpayers;
— Psychological rules of communication with outsiders;
— Improvement of individual psychological characteristics;
— Forming stable psychomotor status to external manifestations of danger;
— The ability to adapt after stressful situations;
— And others.
7. Specially-tactical principle — involves learning the basics of professional activity, mastery of special equipment, weapons and special means, by means of physical impact, communications and personal protective equipment; formation willingness to use weapons and active defense in extreme conditions.
— Improvement of professional activity;
— Mastery of special equipment;
— Lessons learned;
— Mastery of special equipment;
— Mastery of the weapon;
— Mastery of special protection;
— Mastery of the means of physical protection;
— Prediction of possible actions of the offender;
— Knowledge of the tactics of criminal elements;
— Ensuring continuous service;
— Assessment of the forces and enemy forces;
— Formation of willingness to act in emergency situations;
— The ability to realistically assess the situation and take adequate decisions regarding this and others.
Section 2. Improving the practice of physical restraint in the activities of the tax police to enhance personal safety
2.1 Cultural and moral and ethical aspects of personal safety tax militiamen
Professional aspects of culture employee tax police — the basis of identity protection. Collection service and professional and ethical qualities, adequate requirements to the tax police culture is employee tax police.
The ability of a body of knowledge and skills is what is called skill.
Objective factors attitude to work: functional content of labor, complex system conditions (from the psychological climate in the team to the level of labor organization and its logistics).
Subjective factors attitude to work: breadth, volume, depth mastery of his profession, level of skill and safety.
Essence qualities work culture specialist tax police.
Morality and culture communication tax militiamen important condition to ensure their personal safety.
Moral culture — a system of ethical knowledge and belief (moral position), moral feelings, communication skills and the ability to regulate behavior by moral norms. Moral culture is not determined by how much a person knows about the problems of ethics and etiquette, and even as practically implemented this knowledge, the extent to which its moral behavior as its cultural communication. Specificity of detection of various functions of morality in preparing professionals tax police. Key features of morality in society: regulatory, educational (humanistic), regulation-controlling. Flow Chart of morality: moral awareness, moral relationships and moral activity. Moral consciousness: emotions, feelings, ideas, attitudes, beliefs, and knowledge. Ethical attitudes: evaluation, self-esteem, focus, setting. Moral activity: selection, misconduct, compromise, conflict. Components of communication culture: general, special, solitary. General — unity of purpose. Smart — the uniqueness of the historical and cultural development, especially the mental part of the nation, the tradition of the people is manifested in specific customs, rituals, norms of behavior and communication, uniform rules and wearing it, the general and specific safety rules. Single: unique personality traits that are inherent in every person. Summary of tax militia communication: communication in the unit to communicate with outsiders. External and internal communication culture. Ethical Security — an action or inaction of a temporary identity for security from attacks on honor and dignity. Specificity of ethical security — a person always feels the time (notice), recognizes the moral and psychological (moral) damage that it inflicted. Key features of ethical protection: preserving their honor, pride, dignity, adjusting communication culture, language, behavior, permanent or temporary preservation of the dignity of the object that raised ethical behavior.
Culture behavior, clothing and leisure time — factors that increase the safety of the tax police.
The main types of etiquette: general public, diplomatic, professional, family and household. Areas etiquette of tax militia relations in professional activities, training and operational activity, domestic relations. Groups motives that guide human behavior in all cases of life:
1. The motives are based on kindness and respect for all people and their colleagues. Communication and behavior in this case characterized by sensitivity, conscientiousness, responsibility. This is manifested in the external forms of communication and behavior (attentive, calm benevolence, ability to listen to another word loyalty, the ability to see their mistakes and shortcomings, recognize and correct them.) The opposite motives is considered arrogance, attempts to put themselves above others. This explains the indifference, callousness towards other people, their joys and sorrows.
2. Motives, which reflected the imagination of the beauty of human behavior. These motifs are implemented in the appearance of a law enforcement officer, his smartness, cleanliness, affection, occasions, and other qualities. This shows how important is the unity of the internal and external culture in the behavior of officers of law enforcement. External expressive side should adequately reflect the high professional, moral and aesthetic qualities and attitudes tax police officer new type that meet modern requirements.
3. The motives are based on hygiene and organizational and technical requirements. They are implemented in the rules and norms of behavior that have developed over time, thoughtful and reasonable.
Culture uniforms. Culture spiritual life, the culture of free time.
Culture uniforms and police protection is one of the important elements of their security. On how well it combines utilitarian and aesthetic elements, how well it meets its functional purpose, depends on the mood of the personnel, the process of professional, operational performance and training, and thus readiness at any moment to perform tasks.
2.2 Psychological and educational technology security tax militiamen
Teaching culture tax police officer — the basis of his professionalism and safety. Pedagogical skills — a synthesis of psychological and pedagogical knowledge, skills, abilities, corresponding mindset and emotional and volitional means of expression that enable secure permanent combat readiness and acquisition psychological and educational technology. Key elements of the program studying psychology: general biographical information, moral and psychological characteristics, health status, physical development, emotional and volitional traits, social activity. Components of pedagogical skills: teacher thinking, teacher observation, pedagogical imagination, the special qualities of language and tone, demanding teacher, pedagogical tact.
Impact of combat, operational performance and operational activities on security tax militiamen. Information weapons — ways and means of destruction, defacement or theft of information, overcoming information security systems, restricting or prohibiting access to legitimate users, disruption of technical equipment, disrupt telecommunications networks, computer systems. Volitional process, the essence of the stages.
Psychological types and mechanisms of protection and security of tax police. Protective security arrangements: psychological defense and psychological relaxation. Types of psychological defense:
1. Displacement — removing from the minds of those moments that prevent sustained positive self-esteem.
2. Projection — disadvantages man takes on the environment.
3. Fantasizing — in difficult situations possible escape into a fantasy world.
4. Rationalization — an attempt to reasonably explain the behavior in those cases where it defies reasonable explanation.
5. Externalization — people indecisive, shy, give her the opportunity to make an active force, but it does so because of his indecisiveness and explains the fact that other people are biased to it.
6. Internalization — the reverse process — people in its features and capabilities worth it to take a certain place in life, but purely external circumstances prevented her realize themselves, ultimately they reach their goal, people somehow devalues it. Psychological discharge: sublimation and isolation. Sublimation — transformation and use of energy instinctive impulse to any socially useful activities. Insulation — to relieve emotional stress man excludes himself from those situations in which it might suffer where conflicts could cause her heightened sense of anxiety.
The human psyche — a property of the human brain reflect the surrounding reality. Parts of the human psyche: the mental processes, mental properties of individual human mental states, mental education — knowledge, abilities, skills, beliefs, habits, mental processes, properties, states and formation process of feeling.
Psychological preparation of the tax police officers — a guarantee of their security.
Major periods of formation, development and improvement of professional psychological qualities. Psychological preparation — a set of interrelated and interdependent activities that are aimed at forming and development of psychological traits and states to ensure the most efficient solution. Basic forms of psychological training:
1. Psychological education and systematic review of specialists with new information.
2. Organisation exercises with fire, tactical, technical, physical, medical training, and more.
3. Special forms of psychological preparation.
4. Immediate psychological preparation.
5. Vocational and psychological preparation.
Professional individual psychological qualities that are formed in the process of professional psychological training: professional sensation and perception, professional attention and observation, professional memory, professional thinking, development ideomotoryky — the ability to understanding and mental training to mentally perform actions and operations in professional activities, psychic self-regulation skills, skills for emergency psychological care, skill without conflict and effectively communicate psychological knowledge, skills and personal safety skills of psychological defense, tactical and psychological ability to operate in difficult and extreme situations.
The main components of psychological readiness:
1. Motivational component.
2. Estimated component.
3. Operating components.
4. Volitional component.
5. The evaluation component.
6. Functional components.
Assessment of mental security: situational emotional endurance, self-motivational-energy component stability and resistance to interference.
2.3 Modern ways of improving special physical training to enhance personal safety of the tax police
Construction of an independent Ukrainian state is in complex socio-economic and political conditions, due to this increased level of criminogenic situation that negatively affects the state of law and order in the country. In this regard, it should use all measures to increase the capacity of law enforcement agencies to effectively counter offense. The main task of the state is to reduce the crime rate, which is essential for the further successful development of the state and society.
A positive solution of national problems depends on the level of training of law enforcement officials. As experience shows, the elimination of conflict situations, arrest the offender is always a real threat to life police. In order to successfully get out of the situation, a law enforcement officer must have a high level of special physical training and sufficient psychological stability. In this regard, notes that along with the development of physical qualities, education courage, determination, initiative, self-confidence, provides need fluency skills of physical impact, overcoming obstacles and perform special exercises.
The system of physical training of cadets NUDPSU school is teaching process aimed at maintaining and promoting health, increasing creativity and labor activity, development of physical qualities and skills required to perform operational and business objectives.
Given the characteristics of professional employees of the State Tax Service, focuses on measures of physical restraint. Program testing measures of physical exposure involves mastering and special preparatory exercises, mastering attacks and defenses against them, throws and ground fighting techniques, methods of protection against the threat of weapons and firearms, the release of takeovers, detention and escort, ways and means of transport of the detainee.
It is known that the main function of the special physical preparation is not the development of physical qualities, and the intensification of physical work in the specific mode of movement to enhance the process of adaptation of the body to the terms of DPS employee specific activity. Hence the significance of association shall need special physical training in a relatively independent system of specifically expressed purpose.
Organize the content of training sessions in accordance with the targets training of PM and specific principles that define rational forms of physical activity achieved with a clear programming the entire process of fitness.
Programming special physical training requires training organizer (teacher, instructor) defining hierarchies targets, general methodological concept of fitness and strategies of the organization. Forming a hierarchy of tasks allows the most significant develop complex, logical, sibling and significance level of specific indicators, which should be reached in the training process in a certain order. Thus, to determine the magnitude of growth results, to determine the appropriate requirements for improving the technical, tactical capabilities of employees; acceleration exercises, as well as objectively necessary to enhance its special physical training.
Organizing training on strictly targeted basis allows us to construct a program of physical training for the system principle. This principle of physical training can provide an organization of special physical training time, which will provide the desired result at the optimal level of effort and energy.
Organization of training for program-a key principle offers great opportunities for effective use as a tool for knowledge categories of causality and the transition from qualitative (largely free) describe their relationships to the quantitative analysis and scientific explanation. The question that occurs when a particular variant of classes behind the question: why is this happening? By doing so, created the grounds for answers as to the first two questions.
Target-oriented approach as opposed to analytical and synthesizing that involves the dismemberment of the whole process of preparing the individual elements of a single chain of linear sequences views this process as a monolithic whole, content and organization is determined by the target tasks and the objective prerequisites arising from patterns development process of adaptation to a particular mode of exercise.
Based on the definition of targets to develop methodological concept of construction activities. The essence of such a methodological concept, according to Y. Verhoshanskoho determined three major areas of combat-training exercises: 1) increasing the motor capacity athlete, 2) improving the ability to effectively use it in the situation, and 3) improve the reliability and the use of physical restraint techniques.
The idea of the programming process the special physical training military cadets STS of Ukraine can be realized only when simulating a real fight and use bilateral group method of teaching. In this case, conventional attackers to accurately simulate the actual attack, and those who protected should fully control the attackers.
Educational fights initially conducted under the rules predefined task manager sessions when both partners know who, what and how should perform in combat. In «napivobumovlenomu» match striker chooses methods of group techniques specified supervisor. Only after fully assimilated program as improving the technical, tactical and psychological qualities can be made «unconditional» matches. In this case, actions are performed at maximum speed, each partner should act according to the situation during the match. It should be remembered that these fights require high discipline cadets and permanent control of the manager classes. Do not allow the actions of partners led by emotions.
In the whole process the special physical preparation should end actions in the real «battle» conditions, using weapons, modeling weather climate, different premises and vehicles (airplane, bus, car, railway wagon).
Section 3. Legal protection of the tax police in the application of physical restraint
3.1 Legal protection of the tax police in the application of physical restraint
The state guarantees the legal and social protection of persons officers of the tax police and their families. They are subject to the guarantees of social and legal protection provided for in Articles 20 — 23 of the Law of Ukraine «On the Police»
Article 20. The legal status of police
A policeman is a representative of the state executive body.
Legitimate claims police are binding citizens and officers.
A policeman in the performance of their duties guided only by the law, acting within it and follows its immediate and direct superiors. No one else, except for authorized officers in accordance with the law shall not interfere with the activities of the police.
Nobody has the right to put a police officer on duty is not required by law.
Interference with the police entails responsibility under the law.
Article 21. Legal protection of police officers and citizens who contribute to the police in public order and combating crime
The police are under state protection, which is in the order and in cases prescribed by law. (Article 21 of the Law N 1381-XIV (1381−14) of 13. 01. 2000)
The State guarantees the protection of life, health, honor, dignity, housing, property, police officer, his family members and close relatives of criminal attacks and other illegal activities. (Part two of Article 21 of the Law N 1381-XIV (1381−14) of 13. 01. 2000)
Insulting a police officer, resistance, threats, violence, and other actions that prevent fulfillment of the tasks of a police officer, punishable by a statutory responsibility.
Offences regarding retiree police, members of his family, committed in connection with his previous professional activities, as well as on the person who helps the police in public order and combating crime, and members of her family, entailing responsibilities under the law. (Article 21 added by paragraph four under Law N 2484−12 from 06/19/92)
A policeman has the right to appeal the decision taken against him officials of the Interior, if it considers that they infringe upon his dignity and individual rights that are not related to official duties.
When a police officer from the service in connection with the prosecution of a crime shall be permitted only after the entry into force of convictions.
In the case of detention of a police officer on suspicion of a crime or election to it as a preventive measure of detention he kept in special institutions of internal affairs separately from other persons or garrison guardhouse. (Part seven of Article 21 as amended by Law N 2484−12 from 19/06/92)
The «Law on Police» c. 12 «Conditions and limits the application of physical restraint, special means and firearms,» said that the police have the right to apply measures of physical exposure, special means and firearms in cases and in the manner prescribed by the «Law on the police. «
The use of force, special means and firearms must be preceded by a warning of the intention to use them if circumstances allow. Without warning physical force, special means and firearms are used if there is a direct threat to life or health, police or armed attack or armed resistance.
If you can not avoid the use of force, it should not exceed the extent necessary to carry out police duties, and should be limited to minimize the possibility of harm to the health of offenders and the public. When specifying the harm to the police presentation provides necessary assistance to victims as soon as possible.
On the use of physical force, special means of coercion police officer dimensional accordingly informs immediate supervisor.
On the injury or death, arising from the use of physical restraint and specialty vehicles, as well as all cases of weapons police officer shall immediately and notify his superior to notify the prosecutor.
3.2 Responsibility for violation of physical impact the tax police
Excess of authority to use force, including spe-cial tools and weapons entail legal liability.
The text of the «Code of Conduct …» stated a goal to achieve which force can be applied: 1) the prevention of crime, and 2) the lawful arrest of offenders or those suspected of the offense, or aid in such detainees. It is emphasized that can be applied force exceeds the required limits for this purpose. force than necessary to perform tasks border police, admittedly one that caused the person you delay, the damage is clearly unreasonable danger of encroachment and environment protection.
To use of force was lawful, necessary legal and factual grounds for the use of force, taken in their entirety.
Legal basis — is the existence of the offense in the actions of a person but in fact — need immediate ending it with force.
A policeman will not be liable, under criminal law for damage caused to a person if his actions by coercion meet the requirements of the legislation regulating the actions in a state of self-defense (Article 15 of the Criminal Code of Ukraine). To do this:
— To attack was socially dangerous, ie it concerns the interests protected by the law;
— Encroachment must be present, that occur within a certain time. It begins with a real threat of imminent execution and ends at the moment when interrupted or discontinued protected by the person who infringes;
— Infringement should be valid, ie, existing objectively, not only in the imagination of those who protected;
— Sorry to be set only to those who infringe upon or delayed, not outsiders;
— Defense allowed only when necessary to protect the interests of citizens, society and the state;
— Protection shall not exceed the limits of necessary defense.
In self-defense equal action to apprehend the perpetrator of the attack and bringing it to the relevant authorities.
Policeman warns against whom intends to use force, it considers that the situation can do it without compromising the goal of force.
Notification of intention to use force fed voice. Exposure of firearms is a warning about using it to hit the offender (st. 151) and does not require any additional warning (shot up, voice).
Warning about the use of force, police should, if circumstances permit, give the person who infringes time to fulfill its requirements.
In case of imminent danger to life and health of citizens (ie one that can escalate into attacks on their life and health) force is applied without notice.
Warning not done and when due to delayed use or nonuse of force may occur serious consequences (loss of life, explosion, fire, accident on the railway). In such cases, the offender may not be aware that his criminal actions can be stopped from causing him harm, even causing him to death.
Rate that is enshrined in Part 3. 12, prohibits police officers use force against certain categories of persons, except in cases of group or armed attack on their part.
Such persons law include: 1) women with obvious signs of pregnancy, 2) the elderly 3) persons with obvious signs of disability, 4) minors.
The first category should be classified as females, which by objective signs perceived by the police as pregnant.
To the elderly are those who are perceived by a police officer as being due to age-related changes can not create a hazard to life and health of citizens and police officers.
Persons with obvious signs of disability is such that due to lack of or damage to any organ, the loss of its function can not create a danger to life and health.
The law does not spell out which citizens should be considered minor. Given the processes that foster the development of young persons through a young age can not create a danger to life and health, be considered as perceived by the police as a person under 14 years of age.
The use of force to such persons may be made in the following cases:
1) launching an attack with weapons or group attacks (ie, when attacking at least two), 2) the commission of armed resistance. Performance of police duties by force is allowed only in cases where non-violent measures have been exhausted and have not yielded positive results, or when circumstances indicate that the non-violent methods will not give a positive result.
Causing bodily harm and causing death is not to use force. The purpose of its use should be cessation of criminal assault, detention of the person who committed it or preventing harmful consequences that threaten the life or health.
3.3 Proposals to improve personal security in light of international experience
In developing and implementing programs to ensure personal safety («survival» cops) much attention is paid to the formation of separate police and skills of survival. One of these skills is the ability to communicate. In terms of U.S. experts, the ability to communicate, conduct surveys, manage communication in certain circumstances — a mandatory skill policeman, the quality of which depends on the formation of his personal security. Therefore, these issues must include in training programs aimed at ensuring the safety of police in different situations.
Not just American experts on personal safety emphasize the significance of this ability for the police. A similar situation exists in other countries. Thus, according to British experts, security police depends on a number of skills and abilities. But primarily it concerns communication skills in conflict or in stressful situations or when confrontation. Learning these skills will allow police to avoid the use of excessive force and thus reduce injuries. Mandatory element of any program on communication tactics are learning the language of body movements and reactions in response to stress conditions, enabling police to better understand and predict enemy actions, and properly respond to them by selecting the appropriate method. Skills practiced communicate simultaneously with physical skills in an environment close to the real ones. The main objective here is to ensure that police personal safety.
In Germany, for training of district staff services, bringing the necessary adjustments in their activities annually organizes workshops (average length — 4 days). During the seminars priority issues include training elements of communication and conflict resolution strategies. The participants working in workgroups where developing solutions to conflicts in certain situations, discuss the specific behavior of different categories of people find opportunities to improve their operations. Similar examples exist in many practical training and retraining of police officers from other countries.
Of course, skills and communication skills in different situations profession is not the only important components to protect the personal safety of police officers. This is just an example of what goes into this process purely professional and social aspects. Social and skills are considered not as something inferior training of the police, and as an important element of professionalism, which depends largely on their professional tasks and save with their own lives and the lives of others. Performance of this approach is undeniable.
Inspection of covering experience of policing foreign countries to protect the personal safety of employees, analysis of relevant training programs and guidelines can help you decide if this improvement activities in the STS of Ukraine. They are:
* overcoming formal attitude, especially by heads of departments and internal affairs, the organization of training of staff to ensure personal safety, the formation of the PM policy safe operation;
* active involvement in this activity departments of Human Resources;
* continuity of the learning process safety management;
* spread it to all categories of workers PM;
* Development and implementation of educational programs that are aimed at forming policemen knowledge and skills required to provide personal security, professionally significant qualities and teaching them strategies, tactics and technology activities in this direction;
* wide range and varying forms of training. Activities to ensure the health and safety of workers PM has thus complex and multifaceted nature. General thrust of this activity and its importance to each individual employee and PM in general cause its special place in the overall system HR PM. In the current environment where dangerous conditions have intensified activities of employees PM (social, economic, criminogenic, psychological, etc.). Exceptional importance of this complex organization, with regard to all factors that affect the security personnel. Management structure thus must take organizational, coordination and catalytic function. An important prerequisite for the effectiveness of this activity is to provide an appropriate level of scientific, educational and practical support.
Ukrainian society and the state itself are in a state of transition from administrative-command system that is inherent totalitarian regime to a socially oriented market economy, democratic state. But this transition is under negative pressure of internal and external factors:
— Fighting heteropolar political forces;
— Conflict of legislative and executive branches of government;
— The judicial system needs reform;
— A complex criminal situation (which is only getting worse), growth of organized crime, corruption and theft of state property, serious crimes in budget, finance;
— Criminal privatization of national property, moved for a pittance;
— Imperfect legislation.
As a result, the general provisions on the application of physical restraint, special means and firearms. According to the analysis of deaths and injuries of law enforcement officers in critical emergency situations, we can conclude that employees:
1. Generally neglected special tools and personal protective duty. Samonaviyanist that nothing will happen to me, can lead to accidents;
2. No classification using measures of physical effects, special means and firearms. Do not know the rules of use, features and capabilities. Do not pay attention to masking the location and unconventional use of special tools;
3. Not correctly calculate the enemy, resulting in inefficient use of physical effects, special means and firearms;
4. Do not know the legal basis for the application of physical restraint, special means and firearms, that is, where, when, how and against whom they are applicable, and against any prohibited;
5. Do not know the performance characteristics of special means and firearms;
6. Do not know which is responsible for the improper application of physical restraint, special means and firearms.
Responsibility for these shortcomings can put both heads of departments of the tax police, and on each employee.
— Do not carry those lessons with staff;
— Does not provide the appropriate special tools divisions;
— Does not control the availability of personal protective subordinates who perform duties associated with the risk to life and health.
Also, for the settlement requires that the law had not dispositive, but imperative, that you need a clear procedure for the use of force, the lack of which today leads to disruption of police legitimacy. This confirms the legal analysis of the law that we consider:
— Hypothesis should not be abstract and kazustychnoyu (tie implementation of legal norms arising, modify or terminate the relationship with certain strictly defined cases «incident»)
— Disposition must have at empowering and binding (for business use of force), and the rules that include prohibiting certain actions by citizens in situations that precede the use of force, the disposition must be prohibitory in nature,
— Sanctions should not be an alternative, but absolutely certain, that indicate clearly measure the impact of the state you want to use in violation of the law;
1. Constitution of Ukraine adopted at the Fifth Session of the Verkhovna Rada of Ukraine June 28, 1996 — Kyiv: Ukraine Press, 1997
2. Extract from the Law of Ukraine «On the State Tax Service of Ukraine» as amended by the Act of December 24, 1993 № 3813-XII as amended in accordance with the laws of 14 December 1994. № 287/94 BP from July 11, 1995 № 297 / 95-BP on May 16, 1996 № 203/96 BP, on February 5 and 98, the number 83/98 BP. Chapter V Tax Police. Articles 19−27.
3. Law of Ukraine «On safety of persons involved in criminal proceedings» / / atall. 1998.
4. «On the Police» — Voice of Ukraine, № 121, 1990
5. Resolution of the USSR Council of Ministers № 49 from 22. 02. 91 «On approval of the application of special means for the protection of public order in the USSR»
6. Alekseev SS The mechanism of legal regulation in sotsyalystycheskom state.
7. Bandurko AM — «Administrative measures in stopping the activities of the police.» 1998hod.
8. JP Nightingale Pravovoe police forces of the Regulatory Application / State and Law. — 1993. — № 4.
9. Administrative activities of the police. General: textbook / IP Holosnichenko, Ya. Yu. Kondratiev — Kyiv: Ukrainian Academy of Internal Affairs, 1995.
10. Scientific and practical commentary to the Law of Ukraine «On Police» / O. Bakaev, PD Bilenchuk. -K.: Ukrainian Academy of Interior, s. 1996ПоказатьСвернуть