MIA explained the changes to the law regarding the use of batons and electroshockers by the National Guard

The Ministry of Internal Affairs, responding to public outrage regarding draft law No. 10311, explained that the amendments to the law on the National Guard, which are under consideration by the parliament, will not expand the powers of the National Guard, but will regulate their activities, and commented on the use of rubber batons and electroshock devices by the National Guard, reports UNN.

Will the powers of the National Guard be significantly expanded? No, they will not be expanded, but streamlined

It is noted that the National Guard is part of the MIA system. In addition to performing tasks on the front line, the structure has law enforcement tasks (functions). National Guard servicemen serve at checkpoints and are involved in law enforcement tasks in de-occupied and frontline territories, conduct stabilization measures, and are also involved in counter-sabotage measures and the fight against sabotage and reconnaissance groups.

In performing such tasks, they are guided, in particular, by the Law of Ukraine "On the National Police", the Cabinet of Ministers' resolution "On Approval of the List and Rules for the Use of Special Means by Servicemen of the National Guard during the Performance of Service Tasks", the Combat Regulations of the Land Forces of the Armed Forces of Ukraine, other instructions and orders of ministries and departments that are part of the Security and Defense Forces of Ukraine.

"Accordingly, a National Guard serviceman must use the norms of many legal documents simultaneously and use laws that regulate the activities of other structures. Draft Law No. 10311 proposes their unification in one law that regulates the activities of the National Guard," the Ministry of Internal Affairs explains.

The Ministry of Internal Affairs also commented on the use of rubber batons and electroshock devices by the National Guard.

Could the guardsmen use rubber batons, electroshock devices, and means of forced stopping of transport before, and can they use them now? Will this only be possible with the adoption of draft law No. 10311? Yes, they could and can

It is noted that the list of types of special means proposed in the second part of Article 17 of the draft Law of Ukraine is already provided for and used by servicemen of the National Guard of Ukraine in accordance with the Cabinet of Ministers' Resolution No. 1024 of December 20, 2017 "On Approval of the List and Rules for the Use of Special Means by Servicemen of the National Guard during the Performance of Service Tasks".

It is also noted that the National Guard used coercive measures and stopped cars now and before, before the submission of amendments to the law.

But both the current version of the Law of Ukraine "On the National Guard of Ukraine" and the proposed draft Law of Ukraine stipulate that the use of coercive measures is an extreme measure that can be used by the National Guard within clearly defined limits and methods, and also contains provisions on the obligation to warn of the intention to use them

It is emphasized that servicemen of the National Guard had and have the right to use physical force, special means, weapons, armaments and military equipment to perform their tasks and functions, to stop and check cars.

"This is exactly how they served before the full-scale invasion, and in 2022, and are serving now. This is exactly how they identify sabotage and reconnaissance groups, stop the illegal trafficking of weapons, ammunition, and drugs, and detain individuals who have committed crimes or are wanted," the statement reads.

The Ministry of Internal Affairs states that even in the proposed draft law, some provisions are almost completely duplicated from the Laws of Ukraine "On the National Police", "On the State Border Guard Service of Ukraine", "On the Military Law and Order Service in the Armed Forces of Ukraine", taking into account the peculiarities of the performance of tasks and functions assigned to the National Guard.

"In general, the amendments to the law are aimed at detailing the powers of the National Guard and ensuring a clear regulatory definition of its activities. The law may be subject to changes and additions at the stage of consideration and adoption," the statement reads.

Addendum

The Verkhovna Rada adopted draft law No. 10311 as a basis in the first reading in May 2024.

However, before the second reading, the Verkhovna Rada's law enforcement committee added a number of amendments to the wording, with which it was recommended. In particular, it is proposed to allow the National Guard to use rubber and plastic batons, means equipped with tear gas and irritant substances, electroshock devices, grenades and light and sound ammunition, acoustic and microwave weapons to suppress mass riots.

The Ministry of Internal Affairs states that the main changes concern the Law of Ukraine "On the National Guard of Ukraine" in terms of bringing its norms into line with other existing legal norms regarding the performance by guardsmen of those tasks and functions that they perform during martial law, and taking into account the current tasks performed by the National Guard now.

The NGO "Anti-Corruption Action Center" stated that some of the new powers granted to the NGU in the draft law have nothing to do with more effective protection of the state, but only give the power to disperse rallies in the style of the liquidated "Berkut" unit.