CERTAIN ASPECTS OF THE APPLICATION OF POLICE COERCION MEASURES

Abstract

The article is devoted to the study of signs and problematic aspects of the use of coercive police measures. Three types of coercive police measures are distinguished: the use of physical force, the use of special means, and the use of firearms. It is noted that each of the above coercive measures has its own characteristics and grounds for application. It has been studied that the choice to use a specific coercive measure depends on the inner conviction of the police officer. It is indicated that the type and activity of coercive measures depends on the situation, the environment, the nature of the offense and the person of the offender. The use of physical force is considered by the legislator as the least severe measure of police coercion. The level of force used must be such that it ensures the enforcement of police powers. The prohibition of torture is absolute under any circumstances, and cannot be justified regardless of the circumstances of the case. The list of “general” special means, which are allowed to be used by police officers, was added to the national legislation. So, during martial law, if it is necessary to repulse an attack that threatens the life or health of a police officer or another person, as well as to eliminate danger in a state of emergency or to arrest a person who has committed an offense and/or resists a police officer, a police officer has the right to use improvised means. It is also worth emphasizing that in today’s conditions there is a need for a detailed interpretation of such a category as “handy” tools for a clear understanding and application in practice. The use of firearms is permissible only on the basis of strict compliance with the norms of the current legislation. The use of firearms is effective only if the weapon was used legally and skillfully (for this, it is necessary to possess the skills of handling weapons at an appropriate level), and the damage caused to the protected rights and interests of persons is minimal.