Special means in police activity: a new concept

Abstract

The article is devoted to a theoretical study of the problems of legal regulation of the use of special means by police officers during the performance of official duties. The analysis was carried out and the general characteristics of the existing classification of special means, the interpretation of the normative-legal definition of the methods of their implementation, and the lack of a unified view of these elements of official activity were noted.
 It is noted about the peculiarities during the introduction of martial law of the service and service-combat activities of the police, which consist in the possibility for its employees to use any improvised means in a special capacity and to ignore the general rules (order and conditions) of application in cases of the need to repel an attack or detain a person and elimination of danger in a state of extreme necessity regarding a certain category of offenders: persons participating in armed aggression against Ukraine. It is emphasized that an official interpretation of such a right is required in the field of application of special means.
 It was determined that special means are used mainly within the scope of police powers, either preventive (inadmissibility of injuries) or coercive (maximum lethal consequences, disabling of personnel and military equipment). But some of the provided means have a combined scope of application, and during the period of martial law they can change their purpose depending on the situation of use, which requires a review of the affiliation of certain special means to coercive ones. The problems of the ambiguity of enlisting service animals as coercive police measures, as well as the lack of certainty among special means that allow the exercise of official powers, such as those belonging to mandatory tactical medical equipment, are highlighted. This will make it possible to harmonize the terminology used in the relevant law ("medical", "pre-medical", "non-medical" assistance).
 The validity of a conceptually and fundamentally new approach to the existing system of special means, which are used or used for the performance of police powers, is determined, and its improvement is a promising direction of law-making.