PROCEDURE FOR THE USE OF PHYSICAL FORCE, SPECIAL MEANS AND FIREARMS

Abstract

The article addresses the issue of guarantees the individual rights and in the scope of coercion. These guarantees should be a reliable protection against possible unlawful actions by officials in the course of coercion and operate in order not create unnecessary obstacles to repid response. As a rule, the guarantee of individual rights take effect either upon application or after its application to the individual. Therefore, it is emphasized that legal means of preventive action play a special role in ensuring the rights of citizens in the process of applying administrative and coercive measures. The types of proceeding classifications concerning the use of coercive measures in the scientific and educational literature are discussed in detail. They are carried out on various grounds, but the most common is the classification depending on the nature of the administrative case, of the traditional separation of nonjurisdictional administrative proceedings and jurisdictional administrative proceedings. Emphasis is placed on the study of their main stages of implementation: deciding or obtaining permission to use coercive measures; warning of intent to use coercion; providing necessary assistance; prompt report on the negative consequences of coercion measures use and the submission of procedural documents on the application of appropriate measures and others It is noted that any state coercion is a very sharp weapon, because it restricts the freedom of those it is applied to and significantly violates their rights and interests in one way or another. Therefore, it could be applied only there and to the extent that it is really necessary. In order to avoid its misuse, the state strictly regulates the procedure for its application, providing necessary guarantees to those it is applied to.