RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 20, 2017 No. 1024

About approval of the list and Rules of application of special means by the military personnel of National guard in case of execution of office tasks

According to part two of article 17 of the Law of Ukraine "About National guard of Ukraine" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

the list of the special means applied by the military personnel of National guard in case of execution of office tasks;

Rules of application of special means by the military personnel of National guard in case of execution of office tasks.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 20, 2017 , No. 1024

The list of the special means applied by the military personnel of National guard in case of execution of office tasks

Rubber and plastic bludgeons

Electroconvulsive devices of contact and contact and remote action

Means of restriction of mobility (handcuffs, grids for binding, etc.)

Means and devices of restriction of access to certain territory (protective barriers, tourniquets)

Means of forced stop of transport

Guard dogs and office horses

Means of acoustic and microwave impact

The special marking and painting means

Devices, garnets and ammunition of light-sound action

The means equipped with throwing shells of nonlethal action, rubber or similar on the properties

The means equipped with substances tear and irritant action

Devices for shooting of special means, the specified in paragraphs eight - the eleventh this list

Devices, garnets, ammunition and small-size destructive devices for destruction of obstacles and forced opening of rooms

The means equipped with safe smoke-generating medicines

Water-cannons, armored vehicles without the regular arms established on them and other special vehicles

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 20, 2017 No. 1024

Rules of application of special means by the military personnel of National guard in case of execution of office tasks

1. These rules determine requirements to application of special means by National guard during execution of the functions determined by part one of Article 2 and Item 3-1 of the Section VIII "Final and transitional provisions" of the Law of Ukraine "About National guard of Ukraine".

2. During execution of office tasks the military personnel of National guard applies special means in cases, the stipulated in Article 17 Laws of Ukraine "About National guard of Ukraine".

In case of involvement of the military personnel of National guard to accomplishment of tasks on protection of public order application of special means is performed according to article 45 of the Law of Ukraine "About National police".

During the implementing of convoy of persons detained and/or convicts to imprisonment, including in case of their extradition, and also ensuring protection of persons who are held in custody during judicial sessions and participation in search, prosecution and detention of these persons who ran away from custody application of special means is performed according to Item 3-4 of the Section VIII "Final and transitional provisions" of the Law of Ukraine "About National guard of Ukraine" and article 45 of the Law of Ukraine "About National police".

3. In case of application of special means the military personnel of National guard shall:

1) to warn about intention of their use, to provide at the same time to persons to whom special means can be applied time for accomplishment of the requirements (the prevention can be made voice, and in case of considerable distance or the address to big group of people - through loud-speaking installations and in each case at least two times with provision of time sufficient for the termination of offense are desirable in the language clear for persons against whom these means will be applied, and also Ukrainian) suffices, except cases when the delay using special means creates real threat of life and to health of staff of National guard, police officer, personnel of diplomatic representations and consular establishments of foreign states in Ukraine, other persons, and also can entail heavy effects or if such prevention is impossible or inappropriate in situation, which developed;

2) in each case of application of special means in the shortest possible time to provide provision by the victim of the domeditsinsky help, having told doctors and medical institutions what means is applied and what help is given.

4. Began type of special means, time and intensity of its application is determined taking into account the developed circumstances, nature of offense and the identity of the offender.

5. During service as a part of military unit (division, group) the decision on application of special means is made by the official responsible for ensuring public order determined in accordance with the established procedure, either the head of transaction or the commander of the relevant military unit (division, group) National guard.

Military personnel of National guard who individually carries out office tasks make such decisions independently.

6. Application of special means is forbidden:

1) to women with strong indications of pregnancy, juvenile persons, or old age, except cases of making of the armed or group attack, making of armed resistance by them to the serviceman of National guard which threatens his life and health and/or other persons if to reflect such attack or resistance by other methods and means are impossible for persons with strong indications of limited opportunities;

2) in rooms and on the parcels of land belonging or assigned to diplomatic representations and consular establishments of foreign states in Ukraine except cases when from the head of diplomatic or other relevant representation (organization) the written application (consent) to apply the specified means against offenders arrives through official channels;

3) in rooms or on the productions connected with production of explosive or flammable substances in educational and medical institutions.

7. The military personnel of National guard who applied special means with abuse of authority bear the responsibility established by the law.

8. General rules of application of special means are:

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