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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 15, 2022 No. 448

About approval of the Procedure for use of firearms by civilians during participation in repulse and control of the armed aggression of the Russian Federation and/or other states against Ukraine during action of warlike situation

According to article 2 of the Law of Ukraine "About ensuring participation of civilians in protection of Ukraine" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for use of firearms by civilians during participation in repulse and control of the armed aggression of the Russian Federation and/or other states against Ukraine during action of warlike situation which is applied.

2. This resolution becomes effective from the date of its publication and is applied during warlike situation in Ukraine.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 15, 2022, No. 448

Procedure for use of firearms by civilians during participation in repulse and control of the armed aggression of the Russian Federation and/or other states against Ukraine during action of warlike situation

1. This Procedure determines the procedure of application by citizens of Ukraine, foreigners and stateless persons which on legal causes are in the territory of Ukraine (further - civilians), of firearms and ammunition to it (further - firearms) during participation in repulse and control of the armed aggression of the Russian Federation and/or other states against Ukraine (further - the armed aggression against Ukraine) during action of warlike situation according to the Law of Ukraine "About ensuring participation of civilians in protection of Ukraine".

2. In this Procedure terms are used in such value:

use of firearms - conducting firing from firearms civilians during participation in repulse and control of the armed aggression against Ukraine during action of warlike situation, in particular, implementation of individual self-defense and self-defense during execution of the tasks connected with implementation and implementation of measures of legal regime of warlike situation;

individual self-defense - use of firearms by civilians during participation in repulse and control of the armed aggression against Ukraine during action of warlike situation for protection of the life and health against attack or threat of attack if by other methods and by means of other means to protect itself in such situation it is impossible;

self-defense - use of firearms by civilians during participation in repulse and control of the armed aggression against Ukraine during action of warlike situation for protection against attack or threat of attack on military and/or civil facilities which are protected and/or defend with them, other persons participating in repulse and control of the armed aggression against Ukraine during action of warlike situation if by other methods and by means of other means to protect them in such situation it is impossible.

The terms "military facility", "attack" and "civil object" are used in the value given according to the procedure of use of weapons and military equipment by connections, military units and divisions of Armed Forces in case of the accomplishment of tasks by them around conducting anti-terrorist operation in peace time approved by the resolution of the Cabinet of Ministers of Ukraine of February 14, 2018 No. 68 (The Official Bulletin of Ukraine, 2018, No. 18, the Art. 602).

The term of "person involved in the armed aggression" is used in the value given according to the procedure of use of weapons and military equipment by connections, military units and divisions of Armed Forces in case of accomplishment of tasks by them on repulse of the armed aggression against Ukraine, No. 828 approved by the resolution of the Cabinet of Ministers of Ukraine of October 10, 2018 (The Official Bulletin of Ukraine, 2018, No. 82, the Art. 2724).

3. Civilians who take part in repulse and control of the armed aggression against Ukraine in case of use of firearms shall be guided by such principles based on the universally recognized norms of international humanitarian law:

inevitability - use of firearms in case it is absolutely obvious and necessary;

military need - use of firearms in case otherwise to exercise the right to self-defense and/or it is impossible to carry out objectives;

proportionality - use of firearms in that measure in what it is necessary for goal achievement of self-defense and/or repulse, control of the armed aggression against Ukraine if it does not cause to strangers and civil objects of superfluous injury in comparison with the expected specific military benefits.

Use of firearms shall be performed so that to do the minimum harm in each specific situation.

4. During participation in repulse and control of the armed aggression against Ukraine during action of warlike situation, civilians have the right to use firearms for:

reflections of attack or prevention of threat of attack on the military and/or civil protected facilities;

prevention of making and/or the termination of illegal actions or activities of persons involved in the armed aggression;

releases of the taken military and/or civil facilities or prevention (preventing) to such capture;

destructions of weapon, military equipment, the transport or technical means which are in use of persons involved in the armed aggression;

protection of civilians, military and/or civil facilities against attack;

prevention and/or the terminations of activities, detention, disarmament or neutralization of persons involved in the armed aggression;

the terminations of actions of the persons who made or making offenses;

the terminations of actions of persons interfering accomplishment of legal requirements of persons involved in accomplishment of the tasks connected with introduction and implementation of measures of legal regime of warlike situation;

reflections of attack on persons involved in accomplishment of the tasks connected with introduction and implementation of measures of legal regime of warlike situation or other persons in case of threat of their life or to health.

5. The decision on use of weapons during participation in repulse and control of the armed aggression against Ukraine during action of warlike situation is accepted by civilians taking into account situation in interaction with the corresponding commander of connection, military unit and division of Armed Forces.

6. Civilians during participation in repulse and control of the armed aggression against Ukraine during action of warlike situation have the right to independently make the decision on use of firearms according to requirements of this Procedure with the subsequent obligatory message to the corresponding commander of connection, military unit and division of Armed Forces and/or law enforcement agency in case:

individual self-defense;

protection of life and health of other persons.

 

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