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Zaitseva P. — 3rd year cadet of the Ural law institute of the Ministry of Internal Affairs of Rus-
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- USE OF FIREARMS BY POLICE OFFICERS AND CITIZENS IN RUSSIA AND THE USA
| Zaitseva P. — 3rd year cadet of the Ural law institute of the Ministry of Internal Affairs of Rus-
sia, ordinary police; Scientific adviser — senior lecturer of the Department of Foreign Languages of the Ural Law Institute of the Ministry of Internal Affairs of Russia Nesterova V.E. USE OF FIREARMS BY POLICE OFFICERS AND CITIZENS IN RUSSIA AND THE USA This articleis aimed at, first, to describe the phenomenon of legal and relevant use of firearms by police officers and citizens in both countries, and second, to show some peculiarities and consequences of firearms use. In the United States unlike Russia there is no uniform law regulating activity of police. Rules can differ. In general powers of the American law enforcement agencies are very wide. In the USA a police officer is not obliged to show the certificate, they have no need to look for witnesses. The police officer has the right for arrest both upon the committed crime and on suspicion of commission 1 . That’s why there are a lot of examples of often use firearms by police officers. So, the FBI does gather some data on fatal shootings, police forces are not obliged to provide it, and only some of them do. This led the Washington Post to start tracking civilian deaths itself after the shooting of Michael Brown by police in Ferguson in August 2014, by monitoring reports in the media. The Guardian has recorded even more deaths in 2015 and 2016, including deaths as a result of tasering, collisions with police vehicles and altercations in police custody. At least 1,166 people were killed by police in the U.S. in 2015. Only in New York in 2015 police officers used weapons 105 times (14 peo- ple were wounded and 16 are killed) 2 . The Counted database currently counts 1,093 police-related deaths in 2016. More people died at the hands of police in 2017 than the number of black people who were lynched in the worst year of Jim Crow (161 in 1892). Cops killed more Americans in 2017 than terrorists did (four). They killed more citizens than airplanes (13 deaths worldwide), mass shooters (428 deaths) and Chicago’s “top gang thugs” (675 Chicago homicides). Aside from the fact that only 1 per- cent of the officers who killed someone were charged with a crime in 2017, some of the report’s most interesting facts include the following: of the 534 killer cops Mapping Police Violence was able to identify, 43 had shot or killed someone before. Twelve had previously shot or killed multiple people. Most of the people killed (718) were suspects in nonviolent offenses, were stopped for traffic violations or had committed no crime at all. 13 percent of people killed by cops were unarmed. Most of the un- armed victims were people of color. Of the 147 unarmed people killed by police, 48 were black and 34 were Hispanic. Black people accounted for 27 percent of the people killed by law enforcement officers, that's 2.5 times higher than whites. Of the unarmed victims of police violence, blacks made up 37 per- cent, almost three times their percentage of the U.S. population (13 percent). 95 people were killed when police shot at a moving vehicle, a practice that many say should be banned.170 of the people killed were armed with a knife. In 117 of those incidents, police shot the person before trying any other method to disarm the person.20 percent of the people who had a gun when they were killed were not threatening anyone.Yet only 12 officers were charged with a crime related to a shooting death. However, in fact the American police officer is forbidden to use force without objective need, for a fabrication of testimonies of the law enforcement official waits for long imprisonment. In the USA most large departments of police have on hand the special tactical groups (police special troops) intend- ed for work in situations of the increased danger. As a rule, the staff of such divisions is equipped with assault and sniper rifles and also stun and smoke grenades, grenades with tear gas.Tasers put electric charge which will paralyze the muscular system of the person and temporarily puts it out of action. Now 5 400 law enforcement agencies of the USA use tasers along with other means of coercion 3 . As for this country, since the 1980s the police officers could choose only between a bludgeon and firearms, in the last two decades the arsenal of police was replenished with other means of power influence. It both pepper barrels, and rubber bullets, and the little-known devices in Russia of the directed energy 143 “Taser”. Such approach to use of tasers well corresponds to moral foundations of a police profession where police officers, as well as doctors, swear an oath to protect, but not to take out people’s life 4 . We can’t but mention some facts about common people and their use of firearms. According to the existing federal rules, the firearms can't be on sale to the people having mental problems, who are earli- er condemned for commission of crimes (also the persons suspected of violation of the law, made re- sponsible for domestic violence and so forth get here), addicts and aliens of the USA (there are excep- tions, but it is a little of them). People can usually only buy guns at the age of 21, guns at the age of 18. The federal law establishes that the sold weapon has to possess certain characteristics. Since 1986 in the USA it is forbidden to sell completely automatic weapon. In 46 states there are no restrictions for ac- quisition of quantity of trunks. Only in four states the rule according to which the buyer can buy one gun (a gun, a rifle and so forth) in a month works. In 43 states acquisition of weapon doesn't demand obtaining licenses or registration. In 44 states the secondary market of weapon isn't regulated at all. In 27 states of the buyer check not only according to the federal database of criminals, but also according to databases of the state.However, most of Americans are for toughening of rules of sale of weapon. Most of respondents – 54% support the idea of weapon sale, at the same time 53% of respondents con- sider that it will provoke growth of violence. Tennessee, for example, passed a law last year requiring state police to report all fatal police shootings to the state health department, though it remains to be seen if the new law will help close the data gap. Discussing the legislature of the Russian Federation it is necessary to point that in Russia there are strict laws on use of weapon by both police officers and citizens, but only in words. In Russia so many liberties to police officers are not allowed. In this country the algorithm of use of weapons by the PO- LICE is accurately regulated in the federal law on police 5 . Then the author refers tothe Russian legisla- tion, to the federal law the 7 th of February, 2011 N 3-FZ (an edition of 29.07.2017) "About police" Ar- ticle 23. Use of firearms. There are several most important issues about use of firearms and when it is strictly prohibited. E.g. the police officer has the right personally or as a part of division to use firearms protection of other person or itself from encroachment, life-threatening or health; for suppression of attempt of taking the firearms, the vehicle of police, special and military equipment; for release of hos- tages; for detention of the person trying to disappear if other means to detain this person it is not possi- ble; etc. It is forbidden to use firearms in the relation of women, persons with strong indications of dis- ability, minors when their age is obvious or known to the police officer. The police officer has no right to use firearms at a considerable congestion of citizens if as a result of its application casual persons can suffer. The Russian citizens under the law have no right for possession of automatic and semi-automatic weapon. It is possible to submit the application for purchase of easy firearms like a gun or a shot-gun, but at the same time citizens have to prove need of such purchase, for example, by desire to hunt or shoot at targets 6 . The applicant has to pass series of strict checks and not have criminal records. Among such checks – full testing at the psychologist and medical examination. Besides, he has to pass exami- nations in the laws regulating application and possession of weapon and also in safety. Then each unit of weapon is registered police officers who visit the owner at home. The police take samples of bullets to have an opportunity for comparison and identification in case of use of weapon for commission of crime. Period of validity of the license – five years then the owner has to undergo all process anew. But despite these laws, in the country periodically there is massacre committed by people who are consid- ered deranged. Then each unit of weapon is registered by police officers who visit the owner at home. The police takes samples of bullets and cartridges to have an opportunity for comparison and identifica- tion in case of use of weapon for commission of crime. Period of validity of the license – five years then the owner has to undergo all process again. But despite these laws, in the country periodically there is massacre committed by people who are considered deranged. So in conclusion it should be noticed that law enforcement agencies have to realize restrictions and inherent of only legal means policing. Modern effective weapon gives opportunities to the police of- ficer to carry out more flexible maneuvering in critical situations.Thus, we see that Russia has many differences from the USA in the aspect of firearms usage. In Russia everything is thoroughly regulated, in America police officers arrive in most cases without permission, self-willedly and citizens are free to have firearms at their disposal. What from is it better? It is an open question. 1 Федеральный закон «О полиции». — М.: Проспект, 2011. – 80 с. 2 How-many-people-are-killed-by-police-in-the-united-states: https://psmag.com/social-justice. 144 3 US police shootings: How many die each year? // BBC News: http://www.bbc.com/news/magazine-36826297. 4 Применение полицией США оружия и физической силы // http://sec4u.ru/text/1-analist/114/index.shtml. 5 Федеральный закон «О полиции». – М.: Проспект, 2011. – 80 с. 6 The right to firearms in Russia, the United States and Great Britain // http://miamidata.us/the-right-to-firearms-in-russia- the-united-states-and-great-britain/. жүктеу/скачать 7,29 Mb. Достарыңызбен бөлісу:
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