home » Hairstyles » The use of weapons by border officials. Rules for the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation - Rossiyskaya Gazeta

The use of weapons by border officials. Rules for the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation - Rossiyskaya Gazeta

Resolution of the Government of the Russian Federation of February 24, 2010 N 80
"On approval of the Rules for the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation"

The Government of the Russian Federation decides:

1. To approve the attached Rules for the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation.

2. To declare invalid:

Resolution of the Government of the Russian Federation of October 14, 1996 N 1208 "On Approval of the Procedure for the Use of Weapons by Warships and Aircraft of the Federal Border Service of the Russian Federation while Protecting the Exclusive Economic Zone and the Continental Shelf of the Russian Federation" (Collected Legislation of the Russian Federation, 1996, N 43, art. 4921);

Resolution of the Government of the Russian Federation of January 8, 1998 No. 20 "On Approval of the Procedure for the Use of Weapons and Military Equipment in the Protection of the State Border of the Russian Federation" (Collected Legislation of the Russian Federation, 1998, No. 2, Art. 273);

Resolution of the Government of the Russian Federation of September 9, 1999 N 1028 "On Amendments and Additions to the Resolution of the Government of the Russian Federation of October 14, 1996 N 1208" (Collected Legislation of the Russian Federation, 1999, N 38, Art. 4541).

rules
the use of weapons and military equipment while protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation
(approved by the decree of the Government of the Russian Federation of February 24, 2010 N 80)

With changes and additions from:

1. These Rules regulate the procedure for the use of weapons (small arms, artillery, small arms and cannons, missiles) and military equipment (ships, boats, patrol ships (hereinafter - border ships), helicopters and aircraft (hereinafter - aircraft) in the implementation of protection and protection the state border of the Russian Federation (hereinafter - the state border) within the border territory, protection of internal sea waters, the territorial sea of the Russian Federation and their natural resources, protection of the exclusive economic zone of the Russian Federation and its natural resources, protection of the continental shelf of the Russian Federation and its natural resources, protection and protection of the economic and other legitimate interests of the Russian Federation within the border territory, the exclusive economic zone and the continental shelf of the Russian Federation.

2. Weapons and military equipment are used in accordance with these Rules:

a) servicemen of border and other bodies of the federal security service as part of border detachments, inspection teams, crews of border ships and other units designed to ensure the border activities of the federal security service (hereinafter referred to as employees), in the performance of their official duties;

b) servicemen of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation, involved on the basis of plans of interaction and joint decisions of the relevant federal executive authorities in the protection of the state border, including for participation in border searches and operations, as well as assistance in protection of internal sea waters, territorial sea, exclusive economic zone and continental shelf of the Russian Federation.

3. Weapons and military equipment are used against persons, Russian and foreign sea, river vessels, and other vehicles that have violated the rules for crossing the state border established by the legislation of the Russian Federation and international treaties of the Russian Federation, the rules for the navigation and stay of foreign warships in the territorial sea, in internal sea waters, the legal regimes of the exclusive economic zone and the continental shelf of the Russian Federation, fishing rules and other requirements established in accordance with the legislation of the Russian Federation in the internal sea waters, in the territorial sea, the exclusive economic zone, on the continental shelf of the Russian Federation (hereinafter, respectively, offenders, offending ships).

4. Weapons and military equipment are used in cases and in accordance with the requirements provided for by the legislation of the Russian Federation and the norms of international law.

5. In case of prevention of attempts to hijack an aircraft abroad without passengers, weapons and military equipment are used by employees when the aircraft is on the ground within the territory of the aerodrome (airport).

6. When foreign submarines and other underwater vehicles are detected that have entered (stay) within the internal sea waters and the territorial sea of the Russian Federation not on the surface, the commander of the border ship (aircraft) reports on their detection to the control command post and acts on his instructions.

The command post, which controls the border ship (aircraft), notifies the interacting command post of the Navy about the detection of a submarine.

Upon arrival in the area of detection of the submarine anti-submarine ship (aircraft or helicopter) of the Navy, the border ship (aircraft) establishes communication with him and transmits contact with the submarine.

7. The weapons of border ships (aircraft) can be used in hot pursuit of violating ships in internal sea waters, in the territorial sea, the exclusive economic zone and over the continental shelf of the Russian Federation, as well as outside them before the entry of these ships into the territorial sea your country or a third country, if:

( other floating craft), which act jointly and use the pursued intruder as a base vessel, are in internal sea waters, in the territorial sea or (as the case may be) in the exclusive economic zone and over the continental shelf of the Russian Federation;

b) pursuit of the offending vessel was started only after the border ship (aircraft) gave a visual or sound signal of a stop from a distance allowing the offending vessel to see or hear this signal, which the offending vessel ignores, attempting to escape;

c) the pursuit was carried out continuously from the moment it began until the decision to use weapons was made.

8. The aircraft from which the order to stop is given, before a decision is made to use weapons against the intruder, must itself actively pursue the intruder, while any border ship (aircraft), as well as other state ships and aircraft assisting in the protection of the internal sea waters, the territorial sea, the exclusive economic zone and the continental shelf of the Russian Federation, caused by the pursuing aircraft, will not arrive at the site to continue the pursuit, unless the pursuing aircraft can itself detain the intruder.

The right to use weapons in pursuit of an intruder in hot pursuit terminates when the intruder enters the territorial sea of its own or a third state.

9. When using weapons and military equipment, employees, commanders of border ships (aircraft) must:

a) give the violator (the violating vessel) the warning commands (signals) about stopping accepted in international practice, making it possible to see or hear them in order to fulfill the requirement;

b) warn the violator (the violating vessel) of the intention to use weapons and military equipment, if the request to stop is not met, except when they are used without warning;

c) make sure that the intruder (intruder ship) does not comply with the given commands (signals) and does not respond to a warning about the intention to use weapons and military equipment;

d) take measures to prevent bullets (shells) from entering the territory of a neighboring state, except in cases of repulsing an armed invasion or attack from the territory of this state into the territory of the Russian Federation or suppressing armed provocations on the state border;

e) make efforts to reduce possible damage and preserve people's lives during the pursuit and detention of the violator (violator vessel) and (or) prevent the onset of other serious consequences (bullets (shells, missiles) hitting third (unauthorized) persons, other ships, etc. aircrafts);

f) ensure the provision of medical assistance to the wounded;

g) immediately report to immediate commanders (chiefs) on each case and circumstances of the use of weapons and military equipment and the actions of the offender (offender vessel);

h) comply with the requirements for security measures provided for by instructions (manuals, manuals and regulations), when using the appropriate types of weapons and military equipment.

10. The choice of specific types of weapons and military equipment, methods of their use and their correct control are carried out:

a) as part of a border detachment, inspection group, patrol, crew or units designed to ensure border activities, as well as in the locations or in other locations (quartering) of border guard units - by the respective commanders (chiefs) or senior, as well as independently employees;

b) as part of the crew of a border ship (aircraft) - the commander of a border ship (aircraft), who is personally responsible for the use of standard weapons.

11. The use of weapons and military equipment must be preceded by a warning, unless they are used without warning.

A warning about the use of weapons and military equipment is carried out by giving the offender (the violating vessel) warning commands (signals) adopted in international practice with the requirement to stop from a distance allowing the offender (the violating vessel) to see or hear such commands (signals).

12. If the intruder (intruder ship) does not obey the commands (signals) and tries to hide, warning shots are fired by the officers, the border ship (aircraft).

13. The decision to fire warning shots shall be made by:

a) as part of a frontier squad - a senior frontier squad or employees independently, depending on the current situation;

b) on a border ship (on board an aircraft) - the commander of a border ship (aircraft);

c) on a patrol ship - the commander of the inspection group;

d) when an employee, border guard, inspection group or other unit designed to support border activities is on the violating vessel - the senior border guard, the commander of the inspection group or other unit designed to ensure border activities, or an employee independently, depending on the prevailing setting.

14. When firing warning shots, the border guard detachment, the inspection team, the crew of the border ship (aircraft), the employees must take measures to ensure their own safety in the event of a return fire.

16. During the performance of their official duties as part of border patrols, inspection teams and other units designed to ensure border activities, warning shots from small arms are fired upward, after shouting to the offender "Stop, I will shoot!"

17. The crews of border ships, when firing warning shots from artillery or small arms, perform the following actions:

a) the border ship is put on alert N 1 (if this has not been done earlier);

b) visually and with the help of technical means, the area is inspected, the location and direction of movement of all ships and aircraft located in the area are specified;

c) according to the technical means, the distance to the intruder vessel and the elements of its movement are determined;

d) firing is carried out in three shots (bursts) only upward with an elevation angle and in sectors that guarantee that it does not fall into the intruder, as well as into other ships and aircraft located in the area;

e) shooting is carried out in short bursts, single shots from one artillery installation or in short bursts from small arms;

f) the command for the production of firing and the control of artillery weapons is carried out personally by the commander of the border ship;

g) in order to ensure security measures, controllers are posted (appointed), the commands and actions of the personnel of the border ship are recorded by means of objective control, and where they are not provided, they are recorded by observers of the recording groups, while the observer is recorded from the moment a combat alert is declared and until the commander of the border ship receives a report on the inspection of the canals of artillery mounts, the forms of the groups of records are kept on the border ship during the year as a reporting document;

h) an entry in the watch (navigation and watch) log of the border ship about the cleanliness of the barrel bore and the consumption of ammunition is made personally by the ship commander.

18. The use of small arms for the production of warning shots by border ships is allowed only in extreme cases when the use of artillery weapons is difficult or impossible.

19. When border ships fire warning shots from small arms:

a) shooting is carried out in a direction that provides visual (visual) observation of such shooting from a stopping intruder vessel;

b) the fire is carried out with tracer bullets, bursts;

c) the shooting is carried out by an officer appointed by the commander of the border ship.

20. When firing warning shots from standard weapons (small arms, small arms and cannons, missiles) by aircraft crews:

a) with the help of onboard technical means and visually, the location of all objects in the area and the direction of their movement are specified, the distance to the intruder vessel and the elements of its movement are determined;

b) shooting is carried out in a sector that ensures the safety of all objects located in this area, with a guaranteed failure to hit the intruder and is conducted at low or extremely low altitude;

c) warning shots (bursts, launches) are carried out in two approaches personally by the aircraft crew commander or at his command by one of the flight crew members or by the personnel of the border guard detachment, inspection group or other subdivision intended to ensure border activities on board the aircraft ;

d) the use of the standard armament provided for this type of aircraft is carried out with visual control of the crew or included means of objective control.

21. The senior border guard detachment, the commander of the inspection group or other unit designed to support border activities, the commander of the border ship (aircraft), the officers immediately report to the immediate superior about the production of warning shots and the actions of the offender (violating vessel), except for situations when there is no such possibility, including in connection with the failure of the technical means of communication.

22. If, after firing warning shots, the intruder (intruder vessel) continues to disobey commands (signals) and attempts to escape or resists, the weapon is used to kill.

23. The decision to use weapons to kill is taken:

a) as part of a frontier detachment - by the senior frontier detachment, his immediate superior, to whom the frontier detachment is subordinate;

b) as part of the inspection group - by the commander of the inspection group.

24. The decision on the use of weapons to destroy the border ships (aircraft, including aircraft based on border ships) is taken by the head of the border agency or the person acting as him.

25. Employees, the commander of a border ship (aircraft) for necessary defense or in conditions of extreme necessity, when a delay in the use of weapons creates an immediate danger to their life and health, the life and health of other citizens, a danger damage or destruction for border ships (aircraft), other ships, aircraft and may entail other grave consequences (road accidents, disasters, sabotage and other public disasters), as well as in the absence of communication with the relevant chief (commander) and cases of the use of weapons without warning.

26. The order on the use of weapons to destroy the border ship (aircraft) must be communicated to the commander of the border ship (aircraft) in accordance with the established procedure.

27. The head of the border authority or the person performing his duties makes a decision on the use by the staff of weapons and military equipment on the aircraft seized on the ground and suspected to be hijacked after receiving information about the absence of passengers on board from the aircraft operator and (or) dispatching service of airports (aerodromes), providing landing and departure.

29. Authorized officials of the border agencies immediately report to the head of the federal executive body in the area of all cases of the use of weapons and military equipment by officers, border ships (aircraft) that caused the death of offenders or other grave consequences (public disasters and others). ensure security and inform the appropriate prosecutor.

30. Authorized officials of the Federal Security Service of the Russian Federation shall immediately (but no later than one day) report to the Ministry of Foreign Affairs of each case of firing warning shots and the use of weapons and military equipment against violators who are citizens of foreign states (against foreign violating ships) Of the Russian Federation and inform the relevant prosecutor.

The state border in violation of the rules established by this Law, in response to the use of force by them or in cases when the termination of the violation or the arrest of the violators cannot be carried out by other means; to protect citizens from an attack threatening their life and health, to free hostages; to repel an attack on servicemen, persons performing official duties or a public duty to protect the State Border, members of their families, when their lives are in immediate danger; to repel an attack on units and facilities of border agencies, the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation participating in the protection of the State Border, including to provide assistance to ships (boats), aircraft and helicopters in repelling an armed attack on them ...

The use of special tools

These Rules regulate the procedure for the use of weapons (small arms, artillery, small arms and cannons, missiles) and military equipment (ships, boats, patrol ships (hereinafter referred to as border ships), helicopters and aircraft (hereinafter referred to as aircraft) when protecting and guarding the state border. Of the Russian Federation (hereinafter - the state border) within the border territory, protection of internal sea waters, the territorial sea of the Russian Federation and their natural resources, protection of the exclusive economic zone of the Russian Federation and its natural resources, protection of the continental shelf of the Russian Federation and its natural resources, protection and protection of the economic and other legitimate interests of the Russian Federation within the border area, the exclusive economic zone and the continental shelf of the Russian Federation.
2.

Current edition

When firing warning shots, the border guard detachment, the inspection team, the crew of the border ship (aircraft), the employees must take measures to ensure their own safety in the event of a return fire.

15. Before the use of weapons to kill, except for the cases of their use without warning, depending on the prevailing situation, warning shots may be fired from small arms, artillery, small arms and missiles.
16. During the performance of their duties as part of border patrols, inspection teams and other units designed to ensure border activities, warning shots from small arms are fired upwards, after shouting to the violator “Stop, I’ll shoot!”.
17.

Article 35.Use of weapons and military equipment

How camouflage is achieved in border dress. Camouflage in the border guard is achieved by: knowledge of the terrain and the implementation of camouflage techniques and methods by servicemen in all conditions; keeping official secrets; hidden placement and movement in the protected area; the correct use of the camouflage properties of the terrain, service camouflage means, local materials; demonstrative actions; the strictest observance of the requirements of camouflage discipline; timely detection and elimination of unmasking signs.

While serving in the border guard "D", you observe a balloon at a distance of about 3 km on the territory of a neighboring state, flying towards the Republic of Belarus at an altitude of about 300 m, heading 110.
TICKET 2 Types of border patrols.

Article 35.Use of weapons and military equipment

Info

It is prohibited to use weapons and military equipment against women and minors, except in cases of an armed attack from them or providing armed resistance or a life-threatening group attack; on air, sea, river vessels and other vehicles with passengers; in relation to persons who illegally crossed or attempt to cross the State Border, if this happens clearly by accident or in connection with an accident, the influence of irresistible forces of nature. The procedure for the use of weapons and military equipment is determined by the Government of the Russian Federation. Servicemen of other types of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation involved in the protection of the State Border may use weapons and military equipment in accordance with the requirements of this article.

Attention

Employees, the commander of a border ship (aircraft) for necessary defense or in conditions of extreme necessity, when a delay in the use of weapons creates an immediate danger to their life and health, the life and health of other citizens, the danger of damage or destruction for border ships (aircraft), other ships, aircraft and may entail other grave consequences (road traffic accidents, disasters, sabotage and other public disasters), as well as in the absence of communication with the relevant chief (commander) and in cases of use weapons without warning.

26. The order on the use of weapons to destroy the border ship (aircraft) must be communicated to the commander of the border ship (aircraft) in accordance with the established procedure.
27.

The aircraft from which the order is given to stop, before a decision is made to use weapons against the intruder, must itself actively pursue the intruder, while any border ship (aircraft), as well as other state ships and aircraft providing assistance in the protection of the internal sea waters, the territorial sea, the exclusive economic zone and the continental shelf of the Russian Federation caused by the pursuing aircraft will not arrive at the site to continue pursuit, unless the pursuing aircraft can itself detain the intruder.

The right to use weapons in pursuit of an intruder in hot pursuit terminates when the intruder enters the territorial sea of its own or a third state.

Border guards are prohibited from using weapons and military college

The Russian Federation or the suppression of armed provocations on the state border; e) make efforts to reduce possible damage and preserve people's lives during the pursuit and detention of the violator (violator vessel) and (or) prevent the onset of other serious consequences (bullets (shells, missiles) hitting third (unauthorized) persons, other ships, etc. aircrafts); f) ensure the provision of medical assistance to the wounded; g) immediately report to immediate commanders (chiefs) on each case and circumstances of the use of weapons and military equipment and the actions of the offender (offender vessel); h) comply with the requirements for security measures provided for by instructions (manuals, manuals and regulations), when using the appropriate types of weapons and military equipment.
10.
On the state border of the Russian Federation. RF Law of 01.04.1993 No. 4730-1) Article 35.

Use of weapons and military equipment Border agencies, Air Defense Forces and the Navy, while protecting the State Border within the border territory, use weapons and military equipment to repel an armed invasion of the territory of the Russian Federation, to prevent attempts to hijack abroad by air, sea, river vessels and other vehicles without passengers.

the federal law
On amendments to certain legislative acts of the Russian Federation
dated 30.12.2015 No. 468-FZ

Adopted by the State Duma
December 22, 2015

Article 1.

Introduce into the Law of the Russian Federation of April 1, 1993 No. 4730-1 "On the State Border of the Russian Federation" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 17, article 594; Collected Legislation of the Russian Federation, 1994, No. 16, Art. 1861; 1996, No. 50, Art. 5610; 2003, No. 27, Art. 2700; 2005, No. 10, Art. 763; 2010, No. 23, Art. 2792; 2011, No. 7, Art. 901; 2014, No. 52, Art. 7557) the following changes:
1) in Article 35:
a) part six after the words "armed attack on their part," add the words "committing a terrorist act";
b) in part eight, the words "other bodies of the federal security service, as well as military personnel" shall be deleted;
2) in Article 36, the words "The Federal Law" On the Police "shall be replaced by the words" The Federal Law "On the Federal Security Service".

Article 2.

Introduce into the Federal Law of April 3, 1995 No. 40-FZ "On the Federal Security Service" (Collected Legislation of the Russian Federation, 1995, No. 15, Art. 1269; 2000, No. 1, Art. 9; No. 46, Art. 4537; 2002, No. 19, Art. 1794; No. 30, Art. 3033; 2003, No. 2, Art. 156; No. 27, Art. 2700; 2004, No. 35, Art. 3607; 2005, No. 10, Art. 763; 2006, No. 17, Art. 1779; No. 31, Art. 3452; 2007, No. 28, Art. 3348; No. 31, Art. 4008; No. 50, Art. 6241; 2008, No. 52, Art. 6235; 2010, No. 31, Art. 4207; No. 42, Art. 5297; 2011, No. 1, Art. 32; No. 29, Art. 4282; No. 30, Art. 4589; No. 50, Art. 7366; 2013, No. 19, Art. . 2324; No. 27, Art. 3477; No. 48, Art. 6165; No. 51, Art. 6689; 2014, No. 19, Art. 2335; No. 26, Art. 3365, 3384) the following changes:
1) part three of Article 7.1 shall be stated in the following wording:
"Bodies of the federal security service, without licensing, develop, create, acquire and use weapons and equipment, including special technical and other means, acquire and use military equipment, combat hand-held small arms and edged weapons, adopted by the federal security service in accordance with the legislation of the Russian Federation order, other service and civilian weapons (hereinafter - weapons) and ammunition. ";
2) in the first part of Article 13:
a) clause "y" shall be stated in the following wording:
"Y) use military equipment, weapons, special means adopted by the federal security service, physical force, as well as allow the military personnel of the federal security service to keep and carry service weapons and special means;";
b) supplement with paragraph "i.1" of the following content:
"I.1) carry out the actions provided for in clause" i "of this part, and receive, take into account, store, classify, use, issue and destroy biometric personal data on the structural features of the papillary patterns of the fingers and (or) palms of a person's hands, allowing to establish it an individual, in the framework of border control in relation to persons crossing the State border of the Russian Federation, if such persons have signs indicating the possibility of their inducement to terrorist activities, recruitment or involvement in any other way in terrorist activities. The list of these signs and the procedure for obtaining, recording, storing, classifying, using, issuing and destroying the said biometric personal data, obtaining biological material and processing genomic information within the framework of border control are determined by the head of the federal executive authority in the field of security. ";
3) Article 14 shall be stated in as follows:

« Article 14. Right to use military equipment, weapons, special means and physical force

Servicemen of federal security service bodies have the right to use military equipment, weapons, special means and physical force personally or as part of a subunit (group), and commanders (chiefs) have the right to give orders on their use in the cases and in the procedure provided for by this Federal Law and other regulatory legal acts of the Russian Federation.
The procedure for the use of military equipment by military personnel of the federal security service is determined by the Government of the Russian Federation.
In a state of necessary defense, in case of extreme necessity or during the arrest of a person who has committed a crime, a serviceman of the federal security service, in the absence of the necessary special means or firearms, has the right to use any available means, as well as on the grounds and in the manner established by this Federal by law, to use other weapons that are not in service with the federal security service.
Military personnel of the federal security service bodies participating in the protection of the State Border of the Russian Federation within the border territory use military equipment, weapons, special means and physical force in accordance with the Law of the Russian Federation of April 1, 1993 No. 4730-1 "On the State Border of the Russian Federation ".
Servicemen of federal security service bodies shall not be liable for harm caused to persons and organizations when using military equipment, weapons, special means and physical force, if the use of military equipment, weapons, special means and physical force was carried out on the grounds and in the manner established by this Federal law and other regulatory legal acts of the Russian Federation. Compensation for such harm is carried out in accordance with the legislation of the Russian Federation at the expense of the federal budget in the manner established by the Government of the Russian Federation. ";

4) supplement with article 14.1 with the following content:

« Article 14.1. Penetration into residential and other premises, land plots and territories

Federal security agencies protect everyone's right to the inviolability of their home.
Servicemen of federal security service bodies shall not have the right to enter living quarters against the will of citizens living in them, except in the cases and in the procedure established by federal constitutional laws, this Federal law and other federal laws.
Penetration of military personnel of the federal security service into residential premises, into other premises and land owned by citizens, into premises, land and territories occupied by organizations (with the exception of premises, land and territories of diplomatic missions and consular offices of foreign states, missions international organizations) is allowed in cases provided for by the legislation of the Russian Federation, as well as:
a) to save the lives of citizens and (or) their property, to ensure the safety of citizens or public safety in the event of riots and emergencies;
b) for the arrest of persons suspected or accused of committing a crime;
c) to suppress a crime;
d) to establish the circumstances of the accident;
e) for the arrest of persons caught at the place of their commission of an act containing signs of a crime, and (or) hiding from the place of their commission of such an act.
When entering residential premises, other premises and land plots belonging to citizens, into premises, land plots and territories occupied by organizations, in the cases provided for in part three of this article, military personnel of the federal security service have the right, if necessary, to break into (destruction ) locking devices, elements and structures that prevent penetration into the specified premises and specified land plots and territories, and inspection of the objects and vehicles located there.
Servicemen of the federal security service bodies entering a residential premises are obliged to:
a) before entering a dwelling, notify the citizens who are there about the grounds for entry, unless the delay poses an immediate threat to the life and health of citizens and employees of the federal security service or may entail other grave consequences;
b) when entering a dwelling, against the will of citizens who are there, use safe methods and means, respect the honor, dignity, life and health of citizens, prevent unnecessary damage to their property;
c) not to disclose the facts of the private life of citizens who have become known to them in connection with the penetration into the dwelling;
d) inform the immediate superior and within 24 hours submit a report on the fact of penetration into the dwelling.
Each case of penetration of military personnel of the federal security service into a residential or other premises as soon as possible, but no later than 24 hours from the moment of penetration, is informed in the manner prescribed by the head of the federal executive body in the field of security, the owner of this premises and (or) residents there are citizens, if such penetration was carried out in their absence, with the exception of cases stipulated by federal laws.
Each case of penetration by military personnel of the federal security service to a land plot under the circumstances specified in part four of this article, as soon as possible, but no later than 24 hours from the moment of penetration, is informed in the manner prescribed by the head of the federal executive body in the field of security, the owner of the land plot or his legal representative, if such penetration was carried out in his absence, with the exception of cases provided for by federal laws.
A prosecutor or a court (judge) shall be notified in writing about each case of penetration of military personnel of the federal security service into a dwelling against the will of the citizens staying there within 24 hours in cases stipulated by federal law.
The bodies of the federal security service take measures to prevent unauthorized persons from accessing residential premises, other premises and land plots belonging to citizens, premises, land plots and territories occupied by organizations, and to protect the property located there, if the entry was accompanied by actions, provided for in part four of this article. ";

5) supplement with article 14.2 with the following content:

« Article 14.2. The procedure for the use of weapons, special means and physical force

Before using weapons, special means and physical force, servicemen of the federal security service bodies are obliged to warn persons in respect of whom the use of weapons, special means and physical force is assumed that they are employees of the federal security service bodies, of their intention, having provided them with this is an opportunity and time to fulfill the legal requirements of the military personnel of the federal security service. In the case of the use of weapons, special means and physical force as part of a subdivision (group), this warning is given by one of the military personnel of the federal security service that is part of the subdivision (group).
Servicemen of the federal security service bodies have the right not to warn of their intention to use weapons, special means and physical force if delay in their use creates an immediate threat to the life and health of citizens, employees of the federal security service or may entail other grave consequences, as well as when repelling attacks on objects, special cargo and vehicles of the federal security service.
When using weapons, special means and physical force, servicemen of the federal security service bodies act in accordance with the situation, the nature and degree of danger of the actions of persons against whom weapons, special means and physical strength are used, the nature and strength of their resistance. At the same time, the military personnel of the federal security service are obliged to strive to minimize any damage.
Servicemen of the federal security service are obliged to provide first aid to persons who have received bodily harm as a result of the use of weapons, special means or physical force, and also to take measures to provide them with medical assistance as soon as possible.
The prosecutor shall be notified of each case of injury to a citizen or the occurrence of his death as a result of the use of weapons, special means or physical force by military personnel of the federal security service as soon as possible, but no later than 24 hours.
On each case of the use of weapons, as well as on each case of the use of physical force or special means, as a result of which harm was caused to the health of a citizen or material damage was caused to a citizen or an organization, servicemen of the federal security service are obliged to report to their immediate superior or to the head of the nearest body of the federal security service ( subdivisions of the federal security service) no later than 24 hours from the moment there is a real opportunity to submit the corresponding report.
As part of a subdivision (group), servicemen of the federal security service use weapons, special means and physical force in accordance with this Federal Law, guided by orders and orders of the head of this subdivision (senior group). ";

6) supplement with article 14.3 with the following content:

« Article 14.3. Use of weapons

Servicemen of the federal security service have the right to use weapons personally or as part of a subdivision (group) in the following cases:
a) to protect another person or oneself from encroachment, if this encroachment is associated with violence dangerous to life or health;
b) to suppress attempts to take possession of weapons, special cargo, vehicles, military equipment of the federal security service;
c) for the release of hostages, the suppression of terrorist and other criminal encroachments;
d) for the arrest of a person caught in the commission of an act containing signs of a grave or especially grave crime against life, health, property, state power, public safety and public order, trying to escape, if it is not possible to detain this person by other means;
e) for the arrest of a person who provides armed resistance, as well as a person who refuses to comply with a legal requirement to surrender weapons, ammunition, explosives, explosive devices, poisonous or radioactive substances in his possession;
f) to repel a group or armed attack on objects of the federal security service, buildings, premises, structures and other objects of state and municipal bodies;
g) to prevent the escape from places of compulsory detention of suspects and those accused of committing crimes, as well as to prevent attempts to forcibly release these persons.
Armed resistance and armed attack referred to in paragraphs "e" and "f" of the first part of this article are resistance and attack committed with the use of weapons of any kind, or objects that are structurally similar to real weapons and outwardly indistinguishable from it, or objects, substances and mechanisms by which serious harm to health or death can be caused.
Servicemen of the federal security service also have the right to use weapons:
a) to stop the vehicle by damaging it, if the person driving it refuses to fulfill the repeated demands of the military personnel of the federal security service to stop and tries to hide, posing a threat to the life and health of citizens, with the exception of cases provided for by federal laws;
b) to neutralize an animal that threatens the life and health of citizens and (or) employees of the federal security service;
c) for the destruction of locking devices, elements and structures that prevent penetration into residential and other premises on the grounds provided for in Article 14.1 of this Federal Law;
d) to fire a warning shot, signal an alarm or call for help by firing a shot upward or in another safe direction.
It is forbidden to use weapons with the production of a shot to kill women, persons with obvious signs of disability, minors when their age is obvious or known to a soldier of the federal security service, except for cases of armed resistance by these persons, the commission of an armed or group attack that threatens life and the health of citizens or employees of the federal security service, or a terrorist act.
A serviceman of the federal security service does not have the right to use firearms when there is a significant crowd of people, if as a result of its use accidental persons may suffer, except for cases of the use of firearms in order to prevent (suppress) a terrorist act, release hostages, repel a group armed attack on a critical important and potentially dangerous objects or objects, buildings, premises, structures of state authorities. ";

7) supplement with article 14.4 with the following content:

"Article 14.4. Personal security guarantees for armed servicemen of the federal security service

Servicemen of the federal security service have the right to draw weapons and bring them to readiness if, in the current situation, there may be grounds for their use, provided for in Article 14.3 of this Federal Law.
When a person detained by a serviceman of the federal security service with a naked weapon tries to approach a serviceman of the federal security service, while reducing the distance indicated by him, or to touch his weapon, a serviceman of the federal security service has the right to use the weapon in accordance with paragraphs "a" and "b" of the first part of Article 14.3 of this Federal Law. ";

8) supplement with article 14.5 with the following content:

« Article 14.5. The use of special tools

Servicemen of the federal security service bodies have the right, personally or as part of a subdivision (group), to use special means in the following cases:
a) to repel an attack on citizens, employees of the federal security service, objects, special cargo and vehicles of the federal security service;
b) to suppress a crime or an administrative offense;
c) to suppress resistance to a soldier of the federal security service;
d) for the arrest of a person caught in the commission of a crime and trying to escape;
e) to detain a person, if this person can offer armed resistance or hinder the performance by the military personnel of the federal security service bodies of the official duties assigned to him;
f) for the delivery of persons who have committed crimes or administrative offenses to the offices of the federal security service, other state bodies, for escorting and protecting detainees, as well as for stopping an escape attempt, if a person resists a soldier of the federal security service, causing harm to others or to yourself;
g) for the release of forcibly detained persons, seized buildings, premises, structures, vehicles, land plots;
h) to suppress mass riots and block the movement of groups of persons committing illegal actions;
i) to protect the facilities of the federal security service and suppress the actions of groups of persons violating their activities;
j) for neutralization, destruction of explosive devices, explosive objects (objects) and other similar devices and objects, as well as dummies of such devices and objects.
Servicemen of federal security service bodies have the right to use special means in all cases when the use of weapons is permitted by this Federal Law.
Military personnel of the federal security service are prohibited from using special means against women with visible signs of pregnancy, persons with obvious signs of disability and minors, except in cases of armed resistance, group or other attacks that threaten the life and health of citizens or employees of federal service bodies security.
Other restrictions associated with the use of special means by military personnel of the federal security service may be established by the head of the federal executive body in the field of security.
Departure from the prohibitions and restrictions established by part three of this article is allowed if special means are used on the grounds provided for by paragraphs "a" - "g" of part one of article 14.3 of this Federal Law. ";

9) supplement with Article 14.6 with the following content:

« Article 14.6. Use of physical force

Servicemen of federal security service bodies have the right to use physical force, including combat techniques, in the following cases, either personally or as part of a subdivision (group):
a) to suppress a crime or an administrative offense;
b) for the arrest and delivery of persons who have committed crimes or administrative offenses to the offices of the federal security service bodies, other state bodies;
c) to overcome opposition to the legal requirements of the military personnel of the federal security service.
Servicemen of the federal security service bodies have the right to use physical force in all cases when the use of special means or weapons is permitted by this Federal Law and other regulatory legal acts of the Russian Federation. ";

10) in Article 16:
a) add part three with paragraph "g" with the following content:
"G) their use of narcotic drugs or psychotropic substances without a doctor's prescription.";
b) state part five in the following edition:
“Servicemen and civilian personnel of the federal security service, who have a property right to property registered outside the Russian Federation, are obliged to take measures to alienate it within the time period determined by the head of the federal executive body in charge of security. If it is impossible to take such measures in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state in whose territory the property is located, or in connection with other circumstances beyond the control of these persons, such measures must be adopted within one year from the date on which their adoption became possible. Each case of non-fulfillment of such requirements is subject to consideration in accordance with the established procedure at a meeting of the attestation commission. ";
11) in Article 16.1:
a) supplement with new parts six and seven with the following content:
“Typical job regulations for military posts are approved by the head of the federal executive authority in the field of security.
For military personnel and civilian personnel of the federal security service, personal files are drawn up. The procedure for maintaining and keeping personal files of military personnel and civilian personnel of federal security service bodies is determined by the head of the federal executive body in the field of security and must not contradict the legislation of the Russian Federation. ”;
b) parts six through eighth shall be considered, respectively, parts eight through ten;
12) in Article 16.2:
a) set out part six in as follows:
“Servicemen and civilian personnel of the federal security service are allowed to establish contacts with persons in respect of whom it is known that they are foreign citizens, to contact foreign media, foreign, international organizations, as well as to non-profit organizations performing the functions of a foreign agent, in the manner and on the conditions that are determined by the head of the federal executive body in the field of security. ";
b) supplement with parts seven through nine of the following content:
“Employees of the federal security service, their spouses and minor children are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, if not due to the solution of tasks of operational and service activities.
Military personnel and civilian personnel of the federal security service bodies can post their personal data on social networks, blogs (microblogs) and other network communities of the information and telecommunications network Internet in the manner determined by the head of the federal executive body in the field of security.
In order to ensure their own security of the federal security service bodies, the head of the federal executive body in the field of security may determine the modes of transport and routes of passage of military personnel and civilian personnel of the federal security service bodies from one part of the territory of the Russian Federation to another part of it in cases where such travel is by land transport is possible in transit through the territory of a foreign state, as well as to establish the size and procedure for compensation to military personnel and civilian personnel of the federal security service for additional costs associated with such travel. ";
13) supplement with article 16.3 as follows:

« Article 16.3. Service Identity

The service card of an employee of the federal security service is a document confirming the identity, position, rights and powers granted to an employee of the federal security service by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as the right to store and carry service weapons and special means.
Samples of service certificates, the procedure for issuing service certificates and the categories of employees of the federal security service bodies to whom the service certificate is issued are determined by the head of the federal executive body in the field of security.
When employees of federal security service bodies perform their official duties, they may be issued with badges (tokens), allowing them to be identified, in cases and in the manner determined by the head of the federal executive body in the field of security. "

Article 3.

Article 17 of the Federal Law of January 10, 1996 No. 5-FZ "On Foreign Intelligence" (Collected Legislation of the Russian Federation, 1996, No. 3, Art. 143; 2000, No. 46, Art. 4537; 2004, No. 35, Art. 3607 ; 2007, No. 8, Art. 934; 2014, No. 26, Art. 3365) supplement with parts thirteen - fifteenth with the following content:
“Servicemen, civil servants and employees of the foreign intelligence agencies of the Russian Federation are allowed to establish contacts with persons in respect of whom it is known that they are foreign citizens, to contact foreign media, foreign, international organizations, non-profit organizations performing the functions of a foreign agent , as well as post your personal data on social networks, blogs (microblogs) and other network communities of the information and telecommunications network "Internet" in the manner and on the conditions that are determined by the head of the foreign intelligence body of the Russian Federation or the head of the federal executive body in charge of there is a foreign intelligence agency of the Russian Federation.
Servicemen and civil servants of the foreign intelligence agencies of the Russian Federation, their spouses and minor children are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial tools, if this is not due to the solution of the tasks of intelligence activities.
Servicemen, state civil servants and employees of the foreign intelligence agencies of the Russian Federation who have ownership of property registered outside the Russian Federation are obliged to within the time period determined by the head of the foreign intelligence agency of the Russian Federation or the head of the federal executive body in charge of the foreign intelligence agency of the Russian Federation. Federation, take measures to alienate it. If it is impossible to take such measures in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state in whose territory the property is located, or in connection with other circumstances beyond the control of these persons, such measures must be adopted within one year from the date on which their adoption became possible. Each case of non-fulfillment of such requirements is subject to consideration in accordance with the established procedure at a meeting of the attestation commission. "

Article 4.

1. Employees of the federal security service, as well as military personnel and state civil servants of the foreign intelligence agencies of the Russian Federation, their spouses and minor children who have accounts (deposits), cash and valuables in foreign banks on the date of entry into force of this Federal Law, located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, or having received them by inheritance after the date of entry into force of this Federal Law, are obliged within the time period determined by the head of the federal executive body in the field of security or by the head of the foreign intelligence body Of the Russian Federation (the head of the federal executive body in charge of the foreign intelligence agency of the Russian Federation), close accounts (deposits), stop storing cash and valuables in foreign banks, laid outside the territory of the Russian Federation, and (or) to alienate foreign financial instruments, unless otherwise stipulated by the solution of tasks of operational and service or intelligence activities. If these persons cannot fulfill the requirements provided for in this part in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or due to other circumstances beyond their control, such requirements must be met within three months from the day when it became possible to fulfill them. Each case of non-fulfillment of such requirements is subject to consideration in accordance with the established procedure at a meeting of the certification commission.
2. In the event of non-fulfillment of the requirements provided for by part 1 of this article, upon expiration of the time limits specified in part 1 of this article, employees of the federal security service bodies and employees of the foreign intelligence agencies of the Russian Federation may be dismissed from service (work) in accordance with the legislation of the Russian Federation ...

The president
Russian Federation
V. PUTIN
Moscow Kremlin
December 30, 2015
No. 468-FZ

Article 36 of the Law of the Russian Federation "On the State Border of the Russian Federation" regulates the use of special means in the protection of the State Border within the border territory, as well as to ensure their own security of the system of the Federal Security Service of the Russian Federation, military personnel use special means (handcuffs or improvised means for tying, rubber sticks, tears, light and sound devices for distracting action, devices for forced stopping of transport), physical force, including fighting techniques, and service dogs in accordance with the law of the Russian Federation "On the police".

A complete list of special means in service with border agencies, the grounds and rules for their use by servicemen of border agencies, as well as by servicemen of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation while protecting the State Border are established by the Government of the Russian Federation.

So, in particular, the law of the Russian Federation "On the police" provides that when using physical force, special means, an employee must:

warn of the intention to use, while providing sufficient time to fulfill the employee's requirements, except for those cases when delay in the use of physical force, special means or firearms creates an immediate danger to the life and health of citizens and police officers, may entail other grave consequences, or when such a warning in the current situation is inappropriate or impossible;

strive, depending on the nature of the danger of the offense and the persons who committed it, and the strength of the opposition, to ensure that any damage caused in this case is minimal;

ensure that persons who have received bodily injuries are provided with first aid and notification of their relatives as soon as possible;

In addition to the above conditions, this law prohibits the use of special means against women with visible signs of pregnancy, persons with obvious signs of disability and minors, except for cases of armed resistance, the commission of a group or other attack that threatens the life and health of people, as well as in the suppression of illegal assemblies, rallies, street processions and demonstrations of a non-violent nature that do not disrupt the work of transport, communications, organizations.

Regulation of the Government of the Russian Federation of June 24, 1998 No. 634 "On approval of the list of special equipment in service with the bodies of the Border Service of the Federal Security Service of the Russian Federation, and the rules for the use of special equipment when protecting the State Border of the Russian Federation within the border territory and ensuring the system's own security Federal Security Service of the Russian Federation ".

The special means, physical strength and service dogs listed in the Resolution are used to overcome opposition to legal requirements to comply with the established rules of the state border regime, border regime, regime at checkpoints across the state border of the Russian Federation and to ensure their own security, as well as to detain persons who have violated them, when the use of other methods of suppressing offenses, excluding the use of weapons and military equipment, does not ensure the fulfillment of the duties assigned to employees (military personnel).

In this chapter, we examined the legal basis for the use of weapons and special means by employees of the Federal Security Service, gave a brief description of them and gave examples.

§2. The procedure for the use of special means by employees of the FSB of Russia

Similarly to the previous chapter, the procedure for the use of special means by FSB officers can be divided into four components:

cases of using special means;

conditions for the use of special means;

the actual procedure for the use of special tools;

the limits of the use of special tools.

The legal regulation of the content of all of the above elements is determined in the Decree of the Government of the Russian Federation of July 24, 1998 No. 634 "On approval of the list of special equipment in service with the bodies of the Border Service of the Federal Security Service of the Russian Federation, and the rules for the use of special equipment when protecting the State Border of the Russian Federation within of the border area and ensuring its own security of the system of the Border Service of the Federal Security Service of the Russian Federation "

Cases (grounds) for the use of special means in accordance with the Resolution are:

obstruction of the verification of documents of persons and documents for vehicles and the goods transported on them;

an attack on servicemen and citizens of the Russian Federation participating on a voluntary basis in the defense of the State Border of the Russian Federation within the border territory;

sufficient grounds to believe that the persons intend or are preparing to provide armed resistance;

seizure of hostages, buildings, premises, structures, vehicles and terrain;

behavior of persons giving grounds to believe that they can escape or harm others or themselves;

failure to comply with legal requirements for stopping vehicles;

other unlawful actions that violate the activities of the Border Guard Service of the FSB of Russia.

The conditions for the use of special tools are:

warning of the intention to use them, while providing sufficient time to fulfill the requirements of the serviceman (employee), except for those cases when delay in the use of special means creates an immediate danger to the life and health of servicemen and citizens, may entail other grave consequences, or when such a warning in the created environment is inappropriate or impossible;

striving to ensure that any damage caused in this case was minimal;

provision of first aid to persons who have received bodily injuries;

report on command on the use of special means;

compliance with the established safety measures when handling special means;

in a state of necessary defense or extreme necessity, servicemen, in the absence of special means, have the right to use any available means for the indicated purposes;

physical force, including fighting techniques, is used to overcome opposition to legal requirements if non-violent methods do not ensure the fulfillment of the duties assigned to employees.

The limits of the use of special tools:

a) the use of special means is allowed only when fulfilling obligations to protect the state border of the Russian Federation and within the border territory;

b) the prohibition of the use of special means in relation to persons who have violated the regime of the State Border, the border regime or the regime at checkpoints across the State Border of the Russian Federation, if these actions were committed clearly by accident or in connection with an accident, the influence of the irresistible forces of nature, as well as in in relation to women with visible signs of pregnancy, persons with obvious signs of disability and minors, except for cases when they commit an attack or offer resistance threatening the life and health of military personnel and citizens of the Russian Federation participating on a voluntary basis in the defense of the state border of the Russian Federation within the border territory.

In the course of work on this paragraph, we examined the procedure for the use of special means by FSB officers, dividing it into components and giving a detailed description of each of the elements.

Summing up the paragraph, we can conclude that we have given a concept of the procedure for the use of weapons and special means by employees of the Federal Security Service of the Russian Federation, have examined and described in detail the features of all elements of this area of activity of FSB employees.

Conclusion

Summing up the work done, it should be noted that we carried out a comprehensive study in the area of such a sphere of activity of the employees of the Federal Security Service of Russia as the use of weapons and special means. Summarizing the results of the work done, we can assert that the use and use of weapons and special means by FSB officers is a measure of state coercion.

In the first part of the course work, we focused on the study of normative legal material, namely, the legal framework regarding the use of weapons and special means by FSB officers. Here were given the main legal acts regulating this field of activity, both at the level of law and at the level of a by-law normative legal act, they were given a characteristic.

The powers to use and use weapons and military equipment in the protection and protection of the State Border are contained in the law of the Russian Federation "On the State Border of the Russian Federation" and Resolution of the Government of the Russian Federation dated January 3, 1998 No. 20 "On Approving the Procedure for the Use of Weapons and Military Equipment in Defense State Border of the Russian Federation ", adopted in compliance with the law of the Russian Federation" On the State Border of the Russian Federation "and regulate the cases, conditions and procedure for the use of weapons in the defense of the State Border of the Russian Federation.

Summarizing the features of the normative regulation of the use of weapons and military equipment, in the legislation of the Russian Federation, the legal framework should be understood as a set of rules that determine the circumstances in the presence of which the use of weapons is lawful. We believe that under the procedure for the use of weapons, elements of the legal framework should be distinguished:

Grounds (cases) of the use of weapons

Conditions for the use of weapons

The actual procedure for using weapons

The limits of the use of weapons

The circumstances, with the occurrence of which the legislator considers the use of weapons possible, are interpreted as cases (grounds) of the use of weapons. As a rule, they are the result of active unlawful actions of individuals, dangerous behavior of an animal and are decisive for making a decision on how to influence the offender.

Within the meaning of Article 35 of the Law of the Russian Federation "On the State Border of the Russian Federation", the following are distinguished as circumstances, namely, cases that give rise to the right to use weapons and military equipment:

armed invasion of the territory of the Russian Federation;

hijacking vehicles abroad;

crossing the State Border by persons and vehicles in violation of the established rules;

attack on citizens, etc.

In order to implement the provisions of the Law of the Russian Federation "On the State Border of the Russian Federation" of the Decree of the Government of the Russian Federation dated January 8, 1998 No. 20, an order was issued by the Director of the Frontier Service of the Federal Security Service of the Russian Federation "On the announcement of the Resolution of the Government of the Russian Federation dated January 3, 1998 No. 20" approval of the Procedure for the use of weapons and military equipment in the protection of the State Border of the Russian Federation "and approval of the rules for the production of warning shots and the use of weapons and military equipment by military personnel of the bodies and troops of the Federal Border Service of the Russian Federation while protecting the State Border of the Russian Federation."

These rules determine that "employees (military personnel) ... have the right to fire warning shots and use weapons. For example, the Rules provide, as grounds for the use of weapons and the production of warning shots, the following cases;

counteraction to legal requirements for compliance with the established rules of the State Border regime, border regime, regime at checkpoints across the State Border and ensuring their own security;

detention of persons in respect of whom there are sufficient grounds to believe that they intend to provide armed resistance:

illegal changes in the passage of the State Border line on the ground.

An important role in recognizing the actions of representatives of the authorities, namely, employees of the Federal Security Service, who use weapons as lawful regardless of the illegal socially dangerous actions of an individual, threatening the behavior of an animal, that is, those that are external to the conflict, form the conditions for the use of weapons.

There are two groups of conditions. The first group of conditions for the use of weapons should include those that arise and exist independently of the will of the opposing parties, and the second group should include the circumstances generated by the active volitional actions of a representative of the authorities, the fulfillment of which is provided for by the rule of law and is one of the guarantees of the legality of causing harm to the offender.

Within the meaning of the legislation, the first group of conditions for the use of weapons and military equipment in the protection of the State Border of the Russian Federation includes:

a) conditions allowing application:

absence of passengers in vehicles when trying to steal them;

the use of weapons is allowed only within the border area;

the inability to stop the violation or detain persons violating the established rules using other means;

performance of official duties or public duty, etc.

b) conditions precluding application:

random nature of crossing the State Border;

accident;

gender and age of the attackers, etc.

For employees of the Federal Security Service, such conditions for the use of weapons, prescribed in the Criminal Code of the Russian Federation, as circumstances that cause a state of necessary defense and extreme necessity, are also of great importance.

Most legislation uses the term "order" to indicate the rules that must be followed before and after the use of a weapon. For employees of the Border Service of the Federal Security Service, in particular, this procedure is established in the Decree of the Government of the Russian Federation of January 3, 1998 No. 20. Outwardly expressed manifestations of conditions, in the sense of the above-mentioned decree of the Government of the Russian Federation, are:

a) committed before the use of weapons:

obtaining permission to use weapons (in the event that a representative of the authorities does not have the right to use weapons on his own);

informing the person against whom the weapon can be used about the official position of the official;

a clear and specific statement of the requirement, with non-fulfillment of which the possibility of using firearms is associated (depending on the circumstances, the requirements may take the form of gestures with hands and weapons);

production of a warning about the application of this coercive measure. A warning, depending on the circumstances, can be expressed by gestures, words and warning shots;

providing the person to whom the warning is addressed sufficient time to perform lawful actions;

b) committed after the use of weapons:

provision of first aid to injured persons;

protection of the scene;

report on the fact of the use of weapons and its results;

informing in some cases relatives and victims;

notification of the prosecutor in case of injury or death of people.

Another element that constitutes the legal framework is the limits of the use of weapons. The limits should be understood as the rules that establish the boundaries of the permissible actions of officials to harm the offender.

In the legislation defining the powers of employees and servicemen of the Border Guard Service of the Federal Security Service in the use of weapons, the term "limits" is not used, but legal restrictions are established. Several limits of restrictions are seen.

The first limit of restrictions is by territory. For example, paragraph 1 of Article 35 of the RF Law "On the State Border of the RF" defines the permissible use of weapons within the border area. However, part 3 of article 30 of this law provides for the possible use of the granted rights outside the border territory in cases of border searches and operations of FSB officers in the border territory.

The second limit of restrictions is on time. In most cases, weapons by FSB officers during the performance of their duties to protect and guard the State Border of the Russian Federation.

The third limit of restrictions is on the subjects of use. There are three categories of such subjects:

persons with reduced physical capabilities (women, minors)

passengers of air, sea, river vessels and other vehicles

persons who crossed the State Border by accident or as a result of an accident.

The fourth limit is in terms of the amount of harm caused. The legislator calls on the employees of the Federal Security Service to strive to ensure that any damage caused when eliminating the danger is minimal. This requirement is very relevant, as it follows from the constitutional provisions on the highest value of human life and health. In many ways, this provision on minimizing harm is absorbed by the norms of the Criminal Code of the Russian Federation on necessary defense.

In this paragraph, we conducted a systematic review of the procedure for the use of weapons by the FSB of the Russian Federation, gave reasons for the use of weapons by the FSB of Russia, and found out in what cases it can be used. Based on the references of the legislation, we carried out a detailed analysis of the powers of the employees of the Federal Security Service bodies in the use of weapons.

Views