Safety professional employees tax police in applying means of administration

The essence of administrative suspension and grounds of their application by the police. Administrative practice of using special means of administrative termination for the protection of public order. Features of special funds for special operations.
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CONTENTS

Entry

Section 1. The essence and purpose of administrative suspension and grounds of their application by the police

1.1 The essence of administrative termination

1.2 Purpose of administrative termination

Section 2. Administrative and legal practice of using special means of administrative termination for the protection of public order

Section 3. Features of special funds for special operations

2.1 Upon termination riots

2.2 When capturing an armed offender, release hostages

Conclusion

REFERENCES



Entry

Under the rule of law improve regulation of various social relations is of particular relevance. There is a growing need to improve the legal impact on behavior, increasing their sense of justice.

In a democratic society, the main task of the government, particularly the executive - the rights and freedoms of citizens. For example, Article 3 of the Constitution of Ukraine states that: "A person's life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. The rights and freedoms and their guarantees determine the content and direction of the state. The state is responsible for its activity. Adoption and safety rights and freedoms is the main duty of the state. "

At the same time achieve a high level of discipline and the rule of law is impossible without the law-abiding behavior, improve the quality and efficiency of law enforcement. Failure to perform the duties set forth in the law provides an adequate response to the state, including the application of administrative coercion. The Application of state coercion for any wrongful acts always attracted the attention of society, social groups, as it affects the interests of most people, their associations.

One of the most serious intervention by law enforcement agencies in the livelihoods of citizens is the application to them of the special administrative suspension. In connection with this question of the application of special means of administrative suspension is subject to administrative regulation and implementation by the state.

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.

Attention is drawn to the fact that the crime situation remains difficult. Continue to increase the intensity of criminal aggression, violent assaults on human life and health.

More than a thousand, were victims of murder, more than a thousand received serious injuries. Some of the police officers at the assault on the lives of offenders clumsily applied specials. means, or in the required time did not use them at all. And so the question of efficiency of the use of special police officers, improving the mechanism of administrative and legal regulation of this group of legal gaining relevance.

Polls police separate battalion patrol service officers of the Ministry of Interior in Zhytomyr region suggests that 95.7% of employees say that the evil is growing unrest offenders lawful demands of the police, and 85.3% - physical resistance during their detention. In an environment that has a very acute issue of increasing the level of training of personnel police tactical, combat training, especially in the application of physical restraint, firearms, special means of administrative suspension, improving procurement officers to deal with a variety of offenses .

Practice shows that in most cases, the personnel of the Interior lacked the necessary skills to use special means an administrative suspension.

The current regulatory framework in Ukraine - the Law of Ukraine "On Police" from 20.12.90 g, USSR Council of Ministers Resolution № 49 "On approval of the application of special means for the protection of public order in the USSR" from 27.02.91 g, regulations that regulatory features of the application of these tools have some disadvantages of special administrative suspension.

Termination can decisively to stop the violation of law, but the mechanism of administrative regulation, for example, are not defined separately means the termination of criminal and administrative suspension with regard to their capabilities and the legislative, not defined in law what is meant by the term "exceptional circumstances" "other antisocial acts," it is not clear how and by whom is determined by the intensity of the use of special means of special operations are not defined cases when special operations prohibits the use of any special tools, no guidelines, typical development, manuals for unit commanders patrol guard service commanders of special police units for training personnel to use special means for the protection of public order, and in the course of solving operational problems.

In connection with the above shortcomings personnel training police on the use of special funds held at a low level of organizational and methodical, practical training, training conducted very rarely and without the use of the full range of special tools that are in service with the police.

Problems administrative and legal regulation in the sphere of public order highlighted in a number of books, theses, manuals, articles.

The rules of administrative law and legal relations in the sphere of application of the administrative suspension.

Legal analysis of the regulation suggests unilateral control procedure specified group relations - have the right to police the use of special tools and the responsibility of citizens for actions that infringe on the established order management, implementation of citizens' rights and freedoms referred to in public relations, and existing rules are declarative character.

We know that law enforcement relations consist of legal content (rights and obligations of participants relationships) and the content of the material (their actual behavior - actions or omissions).

Specified differentiation avoids unilateral constraints during legal settlement that a group of social relationships, in turn, does not mix the material and legal in the relationship. Thus, law enforcement relationships must distinguish between conduct their business activities (material content), as well as eligibility and responsibilities (legal content).

Applying special administrative termination of police regulated century. century. 12-15pr.1 Law of Ukraine "On militia" 20.12.90r. These provisions of law are mostly material (regulate behavior, activities of the police), but they are part and procedural as are organizational and procedural in nature, the mode of application of substantive law.

Separately, the procedural rules of the group relations are practically absent, as no defined forms and methods of use of each type of special tools, and weapons.

No special tools individually administrative and criminal termination as the degree of public danger of the commission of two even similar, offense is never quite the same.

The question arises: how to act and what should be the procedure when applying special administrative, criminal suspension.

Existing rule that regulates the application of physical restraint, special means and firearms is dispositive, as it variant behavior, but provide the parties an opportunity to settle certain limits specified relationship individually. ("Kind of a special tool, start time and intensity of its use are determined by the circumstances, the nature of the offense and the offender." Article 14 of the Law of Ukraine "On militia" 20.12.90r).

Legal norm that we are considering, is empowering nature as defines some cases where the relevant entities listed public relations are eligible to apply measures of physical effects, special means and firearms. As permissions and prohibitions addressed to individual police officers and are general in nature.

Practice shows that the rules apply special means firearms must be clearly defined and even some instructions and the relevant law, as it is the law should determine the type of product and the special features of its application, depending on the gravity of the wrongful act.

For normal use of special means of administrative suspension, it contains five articles in the third section of the Law of Ukraine "On Police" (Articles 12-151). To prove awkward presentation of this legal standard to make it legal analysis.

The hypothesis is difficult as the norm connects with multiple conditions. They are found in almost all of the above articles. Thus, Article 12 of the Law of Ukraine "On Police" determined that all special tools used in administrative termination cases and in the manner prescribed above mentioned Act:

- The use of physical force, special means and firearms must be preceded by a warning of the intention to use them if circumstances allow;

- Without warning these measures can be used if there is a direct threat to the life or health of citizens or police officers.

That is, if the use of force...