The Verkhovna Rada has adopted as a basis a draft law that establishes and details coercive measures that can be used by military personnel of the National Guard of Ukraine to perform their assigned tasks. In particular, the National Guard will be able to use handcuffs, stun guns, grenades, armored vehicles, weapons, and drones against some individuals. This is reported by UNN with reference to people's deputy Yaroslav Zheleznyak and the card of the draft law No. 10311.
Details
No. 10311-fixing and detailing coercive measures that can be used by NSU military personnel to perform their assigned tasks. As a basis, 243 deputies
According to the draft law, military personnel of the National Guard are authorized to use and apply such coercive measures during the performance of their powers.:
- physical impact;
- special tools;
- weapons, armaments and military equipment;
- armament of aircraft.
The type of coercive measures and the intensity of its application are determined taking into account the specific situation, the nature of the offense and the individual characteristics of the person who committed or commits the offense
It is noted that the measure of coercion must be legal, necessary, proportional and effective.
The measure of coercion is prohibited to apply to pregnant women, the elderly, persons with severe signs of disability and minors.
Also, coercion is prohibited to apply in premises and on land plots that belong to or are assigned to diplomatic missions and consular offices of foreign states in Ukraine, except in cases when the head of a diplomatic or other relevant mission receives a written request through official channels to apply coercive measures against offenders.
Нацгвардія провела навчання з оборони Чорнобильської АЕС07.05.24, 23:05
National Guardsmen are obliged to warn a person about the use of coercive measures and give him enough time to fulfill their legal requirement. However, this should not be done if the delay may lead to an encroachment on the life and health of a serviceman or other people.
If it is impossible to avoid the use of a coercive measure, such a coercive measure should not exceed the measure necessary to perform the tasks and functions assigned to the National Guard of Ukraine, and should be reduced to minimizing the risk of harm to the life and health of the person who committed the offense, as well as to the life and health of other persons
The document defines that physical influence is " the use of any physical force, including special methods of struggle (hand-to-hand combat), in order to stop illegal acts (actions or omissions) of the offender.
У Києві суддя на смерть збив нацгвардійця на блокпосту26.05.23, 08:45 • [views_1428405]
National Guardsmen have the right to use physical force for:
- ensuring the personal safety and / or safety of others;
- termination of the offense;
- detention of a person who has committed an offense.
To do this, NSU servicemen can use handcuffs, nets for binding, but in rare cases:
- during the detention of a person who has committed an offense;
- during the delivery of the detained person to the authorized state bodies, in case of his refusal to go under protection;
- to a person who is suspected of committing a criminal offense and resists a serviceman or tries to escape;
- if a person may cause harm to himself or others by his dangerous actions;
Also, the National Guard will be able to use rubber and plastic batons, tear gas, stun guns for:
- repelling an attack on a serviceman, another person and / or military facilities of the National Guard of Ukraine, objects protected by it, special cargo, civilian objects;
- detention of a person who has committed an offense and at the same time provides physical resistance and/or malicious disobedience to the lawful order (demand) of a serviceman of the National Guard of Ukraine;
- repelling an attack by an animal that threatens the life and health of a serviceman and/or other persons;
- stopping mass riots;
- termination of group illegal actions of persons sentenced to imprisonment in pre-trial detention facilities, execution of sentences, as well as during the elimination of the consequences of such actions;
- detention of a person who has committed a criminal offense and is trying to escape;
- detention of a person who exerts armed resistance or attempts to escape after being detained;
- detention of an armed person who threatens to use weapons or other objects that threaten the life and health of a serviceman and/or other persons.
In addition, it is assumed that they can use means of forced stopping of cars.:
- to forcibly stop a vehicle whose driver has not fulfilled the legal orders of a serviceman and/or tries to avoid passing control at the checkpoint of an object protected by the National Guard of Ukraine, violates the established access regime, ignores the requirements of road and / or other information signs, traffic lights and/or other light signals to stop the vehicle;
- if the actions of the driver of the vehicle pose a threat to the life and health of the serviceman and/or other persons;
- to detain persons who have committed a criminal offense and are trying to escape by vehicle.
Зеленський підписав указ, який дозволяє іноземцям служити в Нацгвардії22.02.24, 00:15
Also, the National Guard will be able in some cases to use grenades, weapons, water cannons, stun and smoke grenades, armored vehicles without standard weapons installed on them, and other special (specialized) vehicles, drones.
In particular, the National Guardsmen will be able to use the above-mentioned means to protect themselves from attacks, give an alarm signal, stop mass riots, and so on.
In addition, the National Guardsmen will be able to use firearms to detain a person while committing a criminal act who is trying to escape, as well as to stop a vehicle by damaging it, if the driver's actions pose a threat to the life or health of a serviceman and tries to escape in a vehicle.
Military personnel will also be able to use weapons to shoot down drones.
National Guardsmen will be able to use drones to free hostages, neutralize saboteurs, protect important objects, and so on.
National Guardsmen will be strictly forbidden:
- strike a person with rubber (plastic) batons on the head, neck, clavicle, genitals ,lower back (coccyx) and stomach;
- use handcuffs for more than two hours continuously or without easing their pressure;
- during the use of means equipped with tear and irritating substances, carry out targeted shooting at people, scatter and shoot grenades into the crowd, re-use them within the affected area during the period of action of such substances;
- use light and Sound Devices at a distance not closer than two meters from a person;
- use water cannons if the air temperature is below + 10°C.
Military personnel of the National Guard are obliged to inform (orally or in writing) their commander about the use of special means, and if a person has been injured, injured or killed as a result of the use of special means, the commander must inform the relevant pre-trial investigation body in writing about this
Recall
The Verkhovna Rada adopted as a basis a draft law on strengthening responsibility for illegal activities in the sphere of drug trafficking, Psychotropic Substances, their analogues and precursors.
In addition, there will be penalties for law enforcement officers who "turn a blind eye" to such violations.