Legal basis for the use of weapons by border guards. Chapter three: the use of weapons by border guards

the federal law
On amendments to certain legislative acts of the Russian Federation
dated December 30, 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” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 17, Art. 594; Collection of 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,” is added with the words “committing a terrorist act by them”;
b) in part eight, the words “other bodies of the federal security service, as well as military personnel” should be deleted;
2) in Article 36 the words “Federal Law “On the Police”” should be replaced with the words “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 should be stated as follows:
“Federal security service bodies, without licensing, develop, create, acquire and use weapons and equipment, including special technical and other means, acquire and use military equipment, military hand-held small arms and edged weapons adopted by the federal security service bodies in accordance with the legislation of the Russian Federation.” Federation order, other service and civilian weapons (hereinafter referred to as weapons) and ammunition for them.”;
2) in the first part of Article 13:
a) paragraph “y” should be stated as follows:
“y) use military equipment, weapons, special means adopted by the federal security service bodies, physical force, and also allow military personnel of the federal security service bodies to store and carry service weapons and special means;”;
b) add paragraph “i.1” with the following content:
“i.1) carry out the actions provided for in paragraph “i” of this part, and receive, take into account, store, classify, use, issue and destroy biometric personal data about the structural features of the papillary patterns of the fingers and (or) palms of a person’s hands, allowing it to be identified identity, as part of the implementation 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 inclination to terrorist activities, recruitment or other involvement in terrorist activities. The list of the specified characteristics and the procedure for obtaining, recording, storing, classifying, using, issuing and destroying the specified 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 body in the field of security.”;
3) Article 14 shall be stated in the following edition:

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

Military personnel of the federal security service have the right to use military equipment, weapons, special means and physical force personally or as part of a unit (group), and commanders (chiefs) have the right to give orders for their use in cases and in the manner 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 emergency or when detaining a person who has committed a crime, a serviceman of the federal security service, if he does not have 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 Law. by law, to use other weapons that are not in service with the federal security service.
Military personnel of the federal security service agencies 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 "
Military personnel of the federal security service are not responsible for harm caused to individuals and organizations during the use of 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 damage 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) add article 14.1 the following content:

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

The federal security service protects everyone's right to the inviolability of their home.
Military personnel of the federal security service have no right to enter residential premises against the will of the citizens living in them except in cases and in the manner established by federal constitutional laws, this Federal Law and other federal laws.
Penetration of military personnel of the federal security service into residential premises, other premises and land plots belonging to citizens, into premises, land plots and territories occupied by organizations (except for premises, land plots and territories of diplomatic missions and consular offices of foreign states, representative offices international organizations), is permitted 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, ensure the safety of citizens or public safety during mass riots and emergency situations;
b) to detain persons suspected or accused of committing a crime;
c) to suppress a crime;
d) to establish the circumstances of the accident;
e) to detain persons caught in the act of committing an act containing signs of a crime, and (or) fleeing from the place where they committed such an act.
When entering residential premises, other premises and land plots belonging to citizens, 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 entry into the specified premises and onto the specified land plots and territories, and inspection of the objects and vehicles located there.
Military personnel of the federal security service who enter residential premises are obliged to:
a) before entering a residential premises, notify the citizens there of the reasons for entry, except in cases where delay creates 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 residential premises, against the will of the citizens there, use safe methods and means, respect the honor, dignity, life and health of citizens, and prevent unnecessary damage to their property;
c) not to disclose facts of the private life of the citizens living there that became known to them in connection with the penetration into the residential premises;
d) inform your immediate superior and submit a report within 24 hours about the fact of penetration into the residential premises.
The owner of this premises and (or) residents are informed about each case of penetration of federal security service personnel into a residential or other premises as soon as possible, but no later than 24 hours from the moment of penetration, in the manner established by the head of the federal executive body in the field of security. citizens there, if such entry was carried out in their absence, except in cases provided for by federal laws.
About each case of penetration of military personnel of the federal security service onto 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 established 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 entry was carried out in his absence, except for cases provided for by federal laws.
The prosecutor or court (judge) is notified in writing within 24 hours of each case of penetration of federal security service personnel into residential premises against the will of the citizens there, in cases provided for by federal law.
Federal security service agencies 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) add article 14.2 the following content:

« Article 14.2. The procedure for using weapons, special means and physical force

Before using weapons, special means and physical force, military personnel of the federal security service are obliged to warn persons against whom weapons, special means and physical force are expected to be used that they are employees of the federal security service about their intention, providing them with this is the opportunity and time to fulfill the legal requirements of military personnel of the federal security service. In the case of the use of weapons, special means and physical force as part of a unit (group), the specified warning is given by one of the servicemen of the federal security service agencies included in the unit (group).
Military personnel of the federal security service 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 facilities, special cargo and vehicles of the federal security service.
When using weapons, special means and physical force, military personnel of the federal security service act taking into account the current situation, the nature and degree of danger of the actions of persons against whom weapons, special means and physical force are used, the nature and strength of the resistance they offer. At the same time, military personnel of the federal security service are obliged to strive to minimize any damage.
Military personnel of the federal security service are obliged to provide first aid to persons injured as a result of the use of weapons, special means or physical force, and also take measures to provide them with medical care as soon as possible.
The prosecutor is notified of each case of injury to a citizen or 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.
About each case of the use of weapons, as well as each case of the use of physical force or special means, as a result of which harm is caused to the health of a citizen or material damage is caused to a citizen or organization, military personnel of the federal security service are required to report to their immediate superior or the head of the nearest body of the federal security service ( divisions of the federal security service) no later than 24 hours from the moment the real opportunity arises to submit the corresponding report.
As part of a unit (group), military personnel of the federal security service use weapons, special means and physical force in accordance with this Federal Law, guided by the orders and instructions of the head of this unit (senior group).”;

6) add article 14.3 the following content:

« Article 14.3. Use of weapons

Military personnel of the federal security service have the right to use weapons personally or as part of a unit (group) in the following cases:
a) to protect another person or oneself from an attack, if this attack involves violence dangerous to life or health;
b) to suppress attempts to seize weapons, special cargo, vehicles, and military equipment of the federal security service;
c) to free hostages, suppress terrorist and other criminal attacks;
d) to detain a person caught committing 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) to detain a person offering armed resistance, as well as a person refusing to comply with a legal requirement to surrender weapons, ammunition, explosives, explosive devices, toxic or radioactive substances in his possession;
f) to repel a group or armed attack on facilities of the federal security service, buildings, premises, structures and other facilities of state and municipal bodies;
g) to suppress the escape from places of forced detention of suspects and accused of committing crimes, as well as to suppress attempts to forcibly release these persons.
Armed resistance and armed attack, specified in paragraphs “d” and “f” of the first part of this article, are recognized as 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 them, or objects, substances and mechanisms through which serious harm to health or death can be caused.
Military personnel of the federal security service also have the right to use weapons:
a) to stop a vehicle by damaging it, if the person driving it refuses to comply with repeated demands from military personnel of the federal security service to stop and tries to escape, creating a threat to the life and health of citizens, except for 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) to destroy locking devices, elements and structures that prevent entry into residential and other premises on the grounds provided for in Article 14.1 of this Federal Law;
d) to fire a warning shot, sound an alarm or call for help by firing a shot upward or in another safe direction.
It is prohibited to use weapons with a lethal shot against women, persons with obvious signs of disability, minors, when their age is obvious or known to a serviceman of the federal security service, except in cases where these persons provide armed resistance, commit 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 in large crowds of people if, as a result of its use, random persons may be injured, with the exception of cases of the use of firearms in order to prevent (suppress) a terrorist act, free hostages, or repel a group armed attack on a critical important and potentially dangerous objects or objects, buildings, premises, structures of government bodies.”;

7) add article 14.4 the following content:

“Article 14.4. Guarantees of personal safety of armed military personnel of the federal security service

Military personnel of the federal security service have the right to draw their weapons and bring them to readiness if, in the current situation, grounds for their use may arise, provided for in Article 14.3 of this Federal Law.
If a person detained by a serviceman of the federal security service with a drawn weapon attempts to approach the serviceman of the federal security service, while reducing the distance indicated by him, or to touch his weapon, the serviceman of the federal security service has the right to use the weapon in accordance with paragraphs "a" and “b” of part one of Article 14.3 of this Federal Law.”;

8) add article 14.5 the following content:

« Article 14.5. Use of special means

Military personnel of the federal security service have the right, personally or as part of a unit (group), to use special means in the following cases:
a) to repel attacks on citizens, employees of the federal security service, facilities, special cargo and vehicles of the federal security service;
b) to suppress a crime or administrative offense;
c) to suppress resistance provided to a serviceman of the federal security service;
d) to detain a person caught committing a crime and trying to escape;
e) to detain a person if this person can offer armed resistance or prevent a military member of the federal security service from performing his official duties;
f) to deliver persons who have committed crimes or administrative offenses to the office premises of the federal security service, other government bodies, to escort and protect detainees, as well as to stop an escape attempt, if a person resists a serviceman of the federal security service or causes harm to others or to yourself;
g) to release forcibly detained persons, seized buildings, premises, structures, vehicles, land plots;
h) to suppress riots and block the movement of groups of people 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 and destruction of explosive devices, explosive objects (objects) and other similar devices and objects, as well as dummies of such devices and objects.
Military personnel of the federal security service have the right to use special means in all cases where 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, a group or other attack that threatens the life and health of citizens or employees of the federal service. security.
Other restrictions related to 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.
Derogation from the prohibitions and restrictions established by part three of this article is allowed if special means are used on the grounds provided for in paragraphs “a” - “g” of part one of article 14.3 of this Federal Law.”;

9) add article 14.6 the following content:

« Article 14.6. Use of physical force

Military personnel of the federal security service have the right, personally or as part of a unit (group), to use physical force, including combat techniques, in the following cases:
a) to suppress a crime or administrative offense;
b) for the detention and delivery to the office premises of the federal security service and other government bodies of persons who have committed crimes or administrative offenses;
c) to overcome opposition to the legitimate demands of military personnel of the federal security service.
Military personnel of the federal security service have the right to use physical force in all cases when this Federal Law and other regulatory legal acts of the Russian Federation permit the use of special means or weapons.”;

10) in article 16:
a) part three should be supplemented with paragraph “g” the following content:
“g) their use of narcotic drugs or psychotropic substances without a doctor’s prescription.”;
b) part five should be stated as follows:
“Military personnel and civilian personnel of the federal security service agencies who have ownership of property registered outside the Russian Federation are obliged, within the period determined by the head of the federal executive body in the field of security, to take measures to alienate it. If it is impossible to take such measures due to arrest, prohibition orders imposed by the competent authorities of a foreign state in accordance with the legislation of the foreign state on whose territory the property is located, or due to other circumstances not dependent on the will of these persons, such measures should be accepted within one year from the day on which their acceptance became possible. Each case of failure to comply with such requirements is subject to consideration in the prescribed manner at a meeting of the certification commission.”;
11) in article 16.1:
a) add new parts six and seven the following content:
“Standard job regulations for military positions are approved by the head of the federal executive body in the field of security.
Personal files are drawn up for military personnel and civilian personnel of the federal security service. The procedure for maintaining and storing personal files of military personnel and civilian personnel of the federal security service is determined by the head of the federal executive body in the field of security and should not contradict the legislation of the Russian Federation.”;
b) parts six - eight are considered parts eight - ten, respectively;
12) in article 16.2:
a) part six should be stated in the following edition:
“Military personnel 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, contact foreign media, foreign, international organizations, as well as non-profit organizations performing the functions of a foreign agent, in the manner and under the conditions determined by the head of the federal executive body in the field of security.”;
b) add parts seven to nine as follows:
“Employees of the federal security service, their spouses and minor children are prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, if this is not determined by the solution of operational and official tasks.
Military personnel and civilian personnel of the federal security service may post their personal data on social networks, blogs (microblogs) and other online communities on the Internet in the manner determined by the head of the federal executive body in the field of security.
In order to ensure the own safety of the federal security service bodies, the head of the federal executive body in the field of security may determine the types of transport and travel routes for 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 establish the amount and procedure for compensating military personnel and civilian personnel of the federal security service for additional expenses associated with such travel.”;
13) add Article 16.3 with the following content:

« Article 16.3. Service ID

The service ID of an employee of the federal security service is a document confirming the identity, position, rights and powers granted to the 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 IDs, the procedure for issuing service IDs and the categories of employees of the federal security service agencies to whom the service ID is issued are determined by the head of the federal executive body in the field of security.
When employees of the federal security service bodies perform their official duties, they may be issued badges (badges) that allow 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 - fifteen the following content:
“Military personnel, state civil servants and employees of 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, 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 terms determined by the head of the foreign intelligence agency of the Russian Federation or the head of the federal executive body under whose jurisdiction The foreign intelligence agency of the Russian Federation is located.
Military personnel 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), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial tools, unless this is due to the solution of intelligence tasks.
Military personnel, state civil servants and employees of foreign intelligence agencies of the Russian Federation who have ownership of property registered outside the Russian Federation are obliged, within the period determined by the head of the foreign intelligence agency of the Russian Federation or the head of the federal executive body under whose jurisdiction the foreign intelligence agency of the Russian Federation is located. Federation, take measures to alienate him. If it is impossible to take such measures due to arrest, prohibition orders imposed by the competent authorities of a foreign state in accordance with the legislation of the foreign state on whose territory the property is located, or due to other circumstances not dependent on the will of these persons, such measures should be accepted within one year from the day on which their acceptance became possible. Each case of failure to comply with such requirements is subject to consideration in the prescribed manner at a meeting of the certification 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 period determined by the head of the federal executive body in the field of security or the head of the foreign intelligence agency 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 located outside the territory of the Russian Federation, and (or) carry out alienation foreign financial instruments, unless otherwise determined by the solution of tasks of operational and official or intelligence activities. If these persons cannot fulfill the requirements provided for by 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 the foreign state in whose territory the accounts (deposits) are located, cash and valuables are stored in foreign bank and (or) there are foreign financial instruments, or due to other circumstances beyond their control, such requirements must be fulfilled within three months from the day on which their fulfillment became possible. Each case of failure to comply with such requirements is subject to consideration in the prescribed manner at a meeting of the certification commission.
2. In case of failure to comply with the requirements provided for in Part 1 of this article, upon expiration of the deadlines specified in Part 1 of this article, employees of the federal security service 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

Decree 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 when 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. Approve the attached Rules for the use of weapons and military equipment when protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation.

2. To recognize as invalid:

Decree 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 when protecting the exclusive economic zone and the continental shelf of the Russian Federation” (Collected Legislation of the Russian Federation, 1996, N 43, Article 4921);

Decree 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 protecting the state border of the Russian Federation” (Collected Legislation of the Russian Federation, 1998, No. 2, Art. 273);

Decree of the Government of the Russian Federation of September 9, 1999 N 1028 “On introducing amendments and additions to the Decree 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 in protecting the state border of the Russian Federation, the exclusive economic zone and the continental shelf of the Russian Federation
(approved by Decree of the Government of the Russian Federation dated 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, guns, missiles) and military equipment (ships, boats, patrol vessels (hereinafter referred to as border ships), helicopters and aircraft (hereinafter referred to as aircraft) in the implementation of protection and security the state border of the Russian Federation (hereinafter referred to as 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 economic and other legitimate interests of the Russian Federation within the border territory, exclusive economic zone and continental shelf of the Russian Federation.

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

a) military personnel of the border and other bodies of the federal security service as part of border patrols, inspection groups, crews of border ships and other units intended to support the border activities of the federal security service (hereinafter referred to as employees), when performing their official duties;

b) military personnel 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 on the basis of interaction plans and joint decisions of the relevant federal executive authorities, including for participation in border searches and operations, as well as providing 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 of navigation and stay of foreign warships in the territorial sea, in internal sea ​​waters, 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 internal sea waters, in the territorial sea, the exclusive economic zone, on the continental shelf of the Russian Federation (hereinafter, respectively, violators, offending vessels).

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 international law.

5. In the event of preventing 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 airfield (airport).

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

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

Upon arrival at the anti-submarine ship (airplane or helicopter) detection area of ​​the Navy, the border ship (aircraft) establishes contact with it and transmits contact with the submarine.

7. Weapons of border ships (aircraft) can be used in hot pursuit of violating ships in internal sea waters, in the territorial sea, exclusive economic zone and over the continental shelf of the Russian Federation, as well as beyond their borders before these ships enter the territorial sea your country or a third country if:

a) pursuing border ships (aircraft), other forces and means of federal executive authorities, providing them with assistance within the limits of their competence, will verify, using the means at their disposal and practically applicable, that the pursued intruder ship or one of its boats ( other floating craft), which act together and use the pursued intruder vessel as a mother ship, are located in internal sea waters, in the territorial sea or (depending on the case) in the exclusive economic zone and above the continental shelf of the Russian Federation;

b) the pursuit of the intruder vessel was started only after the border ship (aircraft) gave a visual or sound signal to stop from a distance allowing the intruder vessel to see or hear this signal, which the intruder vessel ignores, making attempts 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 making a decision to use weapons on the intruder ship, must itself actively pursue the intruder ship until any border ship (aircraft), as well as other government ships and aircraft assisting in the protection of internal sea waters, the territorial sea, the exclusive economic zone and the continental shelf of the Russian Federation, caused by a pursuing aircraft, will not arrive on site to continue the pursuit, unless the pursuing aircraft itself can detain the intruder vessel.

The right to use weapons in hot pursuit of an infringing vessel ceases when the infringing vessel enters the territorial sea of ​​its own or a third state.

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

a) give the violator (the violating vessel) warning commands (signals) to stop, which are accepted in international practice, giving them the opportunity to see or hear them in order to comply with the demand;

b) warn the violator (the violating vessel) of the intention to use weapons and military equipment if the requirement to stop is not met, except in cases of their use without warning;

c) make sure that the intruder (intruder vessel) does not comply with 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, with the exception of cases of repelling an armed invasion or attack from the territory of this state onto 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 (offending vessel) and (or) to prevent the occurrence of other serious consequences (bullets (shells, missiles) hitting third parties, other vessels and aircrafts);

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

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

h) comply with the requirements for safety measures provided for in the instructions (manuals, manuals and charters) when using the relevant types of weapons and military equipment.

10. The selection of specific types of weapons and military equipment, methods of their use and proper management of them are carried out:

a) as part of a border patrol, inspection group, patrol, crew or units intended to ensure border activities, as well as in places of deployment or in other places of location (accommodation) of units of border authorities - by the relevant commanders (chiefs) or seniors, as well as independently employees;

b) as part of the crew of a border ship (aircraft) - by 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, except for cases of their use without warning.

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

12. If the intruder (intruder vessel) does not obey commands (signals) and tries to escape, warning shots are fired by employees or the border guard ship (aircraft).

13. The decision to fire warning shots is taken by:

a) as part of the border guard - the senior border guard or independently, depending on the current situation;

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

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

d) when there is an employee, border patrol, inspection group or other unit intended to ensure border activities on the offending vessel - the senior border guard, the commander of the inspection group or other unit intended to ensure border activities, or an employee independently, depending on the prevailing situation situation.

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

15. Before using lethal weapons, with the exception of cases of their use without warning, depending on the prevailing situation, warning shots can be fired from small arms, artillery, small arms or rocket weapons.

16. Employees, when performing their official duties as part of border patrols, inspection groups and other units intended to ensure border activities, fire warning shots from small arms upwards, after shouting to the violator “Stop, I’ll shoot!”

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

a) the border ship is put on combat readiness No. 1 (if this has not been done previously);

b) visually and with the help of technical means inspect the area, clarify the location and direction of movement of all ships and aircraft located in the area;

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

d) shooting is carried out with three shots (bursts) only upwards with an elevation angle and in sectors that guarantee not to hit the intruder ship, as well as other ships and aircraft located in the area;

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

f) commands to fire and control artillery weapons are issued personally by the commander of the border ship;

g) in order to ensure security measures, controllers are posted (appointed), 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 recording groups, while the observer’s recording is carried out from the moment the combat alert is announced and until the commander of the border ship receives a report on the inspection of the bores of artillery installations, the forms of the recording groups are stored on the border ship for a year as a reporting document;

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

18. The use of small arms to fire warning shots by border ships is permitted 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 the intruder vessel being stopped;

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

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

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

a) using on-board 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 ship and is carried out at low or extremely low altitude;

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

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

21. The senior border guard, the commander of the inspection group or other unit intended to ensure border activities, the commander of the border ship (aircraft), employees immediately report to their immediate superior about the firing of warning shots and the actions of the intruder (intruder vessel), except in situations where There is no such possibility, including due to the failure of technical means of communication.

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

23. The decision to use lethal force is made:

a) as part of a border patrol - by the senior border guard, his immediate superior, to whom the border patrol is subordinate;

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

24. The decision to use lethal weapons by border ships (aircraft, including aircraft based on border ships) is made by the head of the border agency or the person performing his duties.

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

26. An order to use lethal weapons by a border ship (aircraft) must be communicated to the commander of the border ship (aircraft) in the prescribed manner.

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

29. About all cases of the use of weapons and military equipment by employees, border ships (aircraft), resulting in the death of violators or other grave consequences (social disasters, etc.), authorized officials of border authorities immediately report in the prescribed manner to the head of the federal executive body in the region ensure security and inform the relevant prosecutor.

30. About 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), authorized officials of the Federal Security Service of the Russian Federation immediately (but no later than one day) report to the Ministry of Foreign Affairs Russian Federation and inform the relevant prosecutor.

The powers to use and use weapons and military equipment in the defense and security of the State Border are contained in the law of the Russian Federation "On the State Border of the Russian Federation" and the Decree of the Government of the Russian Federation of January 3, 1998 No. 20 "On approval of the Procedure for the use of weapons and military equipment in the defense State Border of the Russian Federation", adopted in pursuance of 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 regulatory 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 defining the circumstances in the presence of which the use of weapons is legal. We believe that under the procedure for the use of weapons it is necessary to highlight the elements of the legal framework:

Reasons (cases) for using weapons

Conditions for using weapons

The actual procedure for using weapons

Limits of weapon use

Those circumstances in which the legislator considers it possible to use weapons are interpreted as cases (grounds) for the use of weapons. As a rule, they are the result of active illegal actions of individuals, dangerous behavior of an animal and are decisive for deciding on the method of influence on 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 identified as circumstances, namely, cases giving rise to the right to use weapons and military equipment:

armed invasion of Russian territory;

theft of vehicles abroad;

crossing the State Border by persons and vehicles in violation of 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 Government of the Russian Federation of January 8, 1998 No. 20, an order was issued by the Director of the Border Service of the Federal Security Service of the Russian Federation "On the announcement of the Government of the Russian Federation of January 3, 1998 No. 20 "On approval of the Procedure for the use of weapons and military equipment in protecting the State Border of the Russian Federation" and approval of the rules for firing 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 in 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. So, for example, the Rules provide the following cases as grounds for the use of weapons and fire warning shots;

countering legal requirements for compliance with the established rules of the State Border regime, border regime, regime at checkpoints across the State Border and ensuring one’s own security;

detaining persons in respect of whom there are reasonable grounds to believe that they intend to offer armed resistance:

illegal change of the State Border line on the ground.

An important role in recognizing the actions of government officials, namely employees of the Federal Security Service, who use weapons as lawful, regardless of the illegal socially dangerous actions of an individual, the threatening behavior of an animal, that is, being external to the conflict, forms 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 circumstances generated by the active volitional actions of a government representative, the commission 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 protecting the State Border of the Russian Federation includes:

a) conditions allowing use:

absence of passengers in vehicles during an attempt to steal them;

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

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

performance of official duties or public duty, etc.

b) conditions excluding the use of:

the random nature of crossing the State Border;

accident;

gender and age of 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 causing a state of necessary defense and extreme necessity, are also important.

Most legislation uses the term “order” to indicate the rules that must be followed before and after the use of weapons. For employees of the Border Service of the Federal Security Service, in particular, this procedure is established in Decree of the Government of the Russian Federation of January 3, 1998 No. 20. Externally expressed manifestations of the conditions, within the meaning 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 government official does not have the right to use weapons independently);

informing the person against whom weapons may be used about the official position of the official;

a clear and specific statement of the requirement, the failure of which entails the possibility of using firearms (depending on the circumstances, the requirements may take the form of gestures using hands and weapons);

issuing a warning about the use of this coercive measure. Warning, depending on the circumstances, can be expressed by gestures, words and warning shots;

providing the person to whom the warning is addressed with sufficient time to carry out lawful actions;

b) committed after the use of weapons:

providing first aid to injured persons;

security of the scene of the incident;

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

informing, in some cases, relatives and victims;

notification to the prosecutor in case of injury or death.

Another element that makes up the legal framework is the limits on the use of weapons. Limits should be understood as rules that establish the boundaries of permissible actions of officials to cause harm to the offender.

In the legislation defining the powers of employees and military personnel of the Border Service of the Federal Security Service to use weapons, the term “limits” is not used, but legal restrictions are established. There are several limits to the restrictions.

The first limit of restrictions is by territory. For example, paragraph 1 of Article 35 of the Law of the Russian Federation “On the State Border of the Russian Federation” defines the permissible use of weapons within the border territory. However, part 3 of Article 30 of this law provides for the possibility of using 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 time. In most cases, weapons are carried by FSB officers while performing their duties to protect and guard the State Border of the Russian Federation.

The third limit of restrictions is by subject of application. There are three categories of such subjects:

persons with less 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 the amount of harm caused. The legislator calls on employees of the Federal Security Service to strive to ensure that any damage caused while 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 employees of the FSB of the Russian Federation, gave reasons for the use of weapons by employees of the FSB of Russia, and found out in what cases they can be used. Based on legal references, we conducted a detailed analysis of the powers of employees of the Federal Security Service to use weapons.

Article 36 of the Law of the Russian Federation "On the State Border of the Russian Federation" regulates the use of special means in protecting 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, tear substances, light and sound distracting devices, devices for forcibly stopping 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 authorities, the grounds and rules for their use by military personnel of border authorities, as well as military personnel of the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation in 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 or special means, an employee is obliged to:

warn of the intention to use, while providing sufficient time to comply with the employee’s requirements, except for those cases where 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, or 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 counteraction provided, to ensure that any damage caused in this case is minimal;

ensure that persons who have received bodily injuries are provided with pre-medical care and that their relatives are notified as soon as possible;

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

Regulations of the Government of the Russian Federation dated June 24, 1998 No. 634 “On approval of the list of special means in service with the Border Service of the Federal Security Service of the Russian Federation, and the rules for the use of special means in 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 listed in the Resolution, physical strength and service dogs are used to overcome opposition to legal requirements for compliance 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 one’s own safety, as well as to detain persons who violate 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 equipment by employees of the Federal Security Service, gave a brief description of them and gave examples.

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

Similar to the previous chapter, the procedure for using 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 using special means;

limits of use of special means.

Legal regulation of the content of all 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 means in service with the Border Service of the Federal Security Service of the Russian Federation, and the rules for the use of special means in protecting the State Border of the Russian Federation within border territory and ensuring its own security of the Border Service system 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 checking documents of persons and documents for vehicles and cargo transported on them;

an attack on 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;

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

taking hostages, buildings, premises, structures, vehicles and areas of terrain;

behavior of persons that gives reason to believe that they may escape or cause harm to others or themselves;

failure to comply with legal requirements to stop vehicles;

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

The conditions for using special means are:

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

the desire to ensure that any damage caused is minimal;

providing persons who have received bodily injuries with pre-medical care;

report to the command on the use of special means;

compliance with established safety measures when handling special means;

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

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

Limits of use of special means:

a) the use of special means is permitted only when performing duties to protect the state border of the Russian Federation and within the border territory;

b) prohibition of the use of special means in relation to persons who violated the State Border regime, border regime or 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 irresistible forces of nature, as well as against women with visible signs of pregnancy, persons with obvious signs of disability and minors, except in cases where they commit an attack or provide resistance that threatens the life and health of military personnel and citizens of the Russian Federation participating on a voluntary basis in protecting the state border of the Russian Federation within the border territory.

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

To summarize the paragraph, we can conclude that we have given the concept of the procedure for using weapons and special means by employees of the Federal Security Service of the Russian Federation, examined in detail and characterized the features of all elements of this field of activity of FSB employees.

Conclusion

To summarize the work done, it should be noted that we conducted a comprehensive study in the field of such areas of activity of 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 studying regulatory legal material, namely the legal framework relating to the use of weapons and special equipment by FSB officers. Here were the main legal acts regulating this area of ​​activity, both at the level of law and at the level of subordinate normative legal acts, and they were characterized.

91. Sergeants and soldiers assigned to the border guard are armed with weapons assigned to them. Ammunition is issued based on two loaded magazines (50 rounds) per machine gun, and at least 8 rounds per signal pistol. Officers and warrant officers leading squads are armed with personal weapons with two loaded magazines (16 rounds) for each pistol.

In necessary cases, on the instructions of the head of the border detachment, the shells can be armed with machine guns, grenade launchers, hand grenades and an additional supply of ammunition.

92. On all land and sea sections of the border, before leaving (entering) for duty, detachments do not load weapons, but inspect them in the place designated for loading weapons, upon command and under the supervision of the duty officer at the outpost, while carrying loaded magazines with them.

Inspection of weapons is carried out before leaving (entering) for service in an established and equipped place for this purpose, upon command and under the supervision of the duty officer at the outpost or the officer (warrant officer) leading the squad. The movement of the squad to the place of loading weapons is carried out in a column one at a time, with the senior squad moving as a guide, and the duty officer at the outpost - on the left or right of the column, two or three steps behind. Units delivered by vehicle (helicopter, boat) and weapons are loaded upon arrival at the place of duty upon command and under the supervision of a senior officer.

At the command of the duty officer at the outpost (senior squad) “Weapons - for inspection,” the border guard must:

Take a shooting position while standing;

Remove the weapon from the safety catch, pull the bolt frame back until it stops, and after the command of the duty officer at the outpost (senior squad) “Inspected”, release it;

Perform a control release of the trigger, put the weapon on safety;

Take the weapon in the "belt" position.

While serving, detachment personnel are strictly prohibited from attaching a loaded magazine and sending a cartridge into the chamber.

Loading of weapons by squad personnel is carried out at the command of the senior squad and the cartridge is sent into the chamber before its use in the cases provided for in Art. 98, 99, 100.

After the weapon is used by the personnel of the squad, at the command of the senior squad, the weapon is unloaded and checked.

Hand grenades are loaded as directed by the senior squad immediately before they are used. Unused grenades are immediately discharged.

93. Depending on the situation and the task being performed, the weapons in the border guards’ outfit may be in the “on the belt”, “on the chest”, “behind the back” or in the ready-to-shoot position.

Walking border guards, when moving through a guarded area or populated area, usually have their weapons in the “belt” position. When driving on steep descents and ascents, along pedestrian bridges, luggage, when crossing water obstacles, climbing to and descending from an observation tower, and performing various tasks, the border guards’ weapons must be in the “back” position. Border guards riding horses, skis, snowmobiles, border guards directly checking documents, and dog service specialists can also carry weapons in the “behind their back” position.

Drivers (driver mechanics, mechanics), personnel of technical observation posts, mobile border posts, observation posts have weapons with them or in specially equipped pyramids (places) in a position that ensures quick use and does not make it difficult to perform service and control the machine (boat) .

When escorting detained state border violators on foot, the weapon, as a rule, should be in a ready-to-shoot position while standing.

94. Units serving in resort areas, recreation areas and places of mass population, escorting trains, as well as those sent to monitor compliance with border regime rules on trains and buses, at railway and bus stations, in ports, are armed only with a bayonet knives. Officers and warrant officers (long-term servicemen), appointed as senior officers, are armed with pistols with two loaded magazines (16 rounds) for each pistol.

95. When escorting trains, when their movement is carried out in close proximity to the state border, the arming of squads with firearms is determined by the decision of the commander of the Border Troops of the Republic of Kazakhstan.

96. Border guards are given handcuffs or the ends of a cord (belt) to tie the hands of border violators, as well as individual dressing bags for each border guard.

97. According to the commands (signals) “For battle”, “Alarm”, “Air”, the outpost personnel are armed with standard weapons (machine gunners with machine guns, grenade launchers with grenade launchers, the rest with machine guns) and a portable supply of ammunition, crews of automatic and easel grenade launchers also have own machine guns.

98. Border guards, performing tasks to protect the state border of the Republic of Kazakhstan, use weapons and military equipment:

Without warning, weapons and military equipment are used:

To repel an armed invasion of the territory of the Republic of Kazakhstan by military groups and gangs;

In the event of a sudden armed attack on a border guard;

When armed resistance is provided by border violators;

To repel an attack using military equipment;

When detainees escape with seized weapons.

99. Border guards use weapons and military equipment after calling “Stop!” and a warning shot upward if the requirements of the border guards are not met:

To repel, armed attack and suppress armed provocations on the state border;

To repel armed attacks on units of border troops;

Against persons, sea (river) vessels, aircraft, illegally crossing the state border and offering armed resistance;

To prevent the hijacking of aircraft and sea (river) vessels;

To repel an attack on military personnel, other persons performing official duties or public duty to protect the state border, when their lives are in immediate danger;

To protect citizens from attacks that threaten their life and health, as well as to free hostages.

100. Border guards, while on duty, also have the right to use weapons to sound an alarm or call for help.

101. Border guards are prohibited from using weapons:

In relation to persons who have violated the state border, including in relation to persons who, if detained, will try to return back if they do not offer armed resistance;

In relation to persons who have violated the state border in full view of border guards, if these violations occur clearly by accident or in connection with agricultural and other work near the state border (hunting, grazing, picking mushrooms, berries, fuel, etc.), as well as while swimming and sailing on self-propelled and non-self-propelled vessels;

When attempting to escape by persons detained for violating the border regime and regime at checkpoints across the state border;

Regarding foreign fishing and other fishing vessels operating in the territorial waters (territorial sea) of the Republic of Kazakhstan and the Kazakh part of the waters of border rivers, lakes and other bodies of water, if they do not offer armed resistance;

In relation to motor vehicles traveling along the roads of the border zone, the territory of districts, cities, towns, villages and auls, adjacent to the state border or to the sea coast protected by border troops, and not complying with the requirements of the border troops to stop, unless there is a real danger of violating the state boundaries;

For animals crossing the state border;

For violators of the state border regime.

102. When using weapons, as a rule, it is not allowed to fly bullets and shells into the territory of a neighboring state, with the exception of cases of repelling an armed attack and invasion of the territory of the Republic of Kazakhstan by military groups and gangs, suppressing armed provocations and clashes with armed violators of the state border.

103. The right to use weapons imposes a special responsibility on border guards, which requires them to have solid knowledge and strict adherence to the rules for the use of weapons and military equipment, exercise restraint, correctly assess the current situation and choose the most appropriate actions to avoid conflict situations on the state border.

Persons who illegally use weapons are subject to disciplinary or criminal liability in accordance with the legislation of the Republic of Kazakhstan.

104. After using a weapon, border guards are obliged to unload it, check whether there are any cartridges left in the chamber, put the weapon on safety, report to the head of the outpost about the reasons and results of using the weapon, and, if necessary, provide first aid to wounded border guards and detained state border violators.

105. Upon the arrival of the border patrol at the outpost, the inspection of weapons is carried out in a designated place by command under the supervision of the officer on duty at the outpost or the officer (warrant officer) leading the squad and checked by them. The inspection is carried out with the magazine separated from the weapon by moving the bolt frame back, inspecting the chamber and performing a control release of the trigger. Weapon checks are also mandatory for those units that served with unloaded weapons.