ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 25, 2016 No. 1248

About approval of Rules of application by the military personnel of bodies of the Federal Security Service of military equipment

According to article 14 of the Federal law "About the Federal Security Service" Government of the Russian Federation decides:

Approve the enclosed Rules of application by the military personnel of bodies of the Federal Security Service of military equipment.

Approved by the Order of the Government of the Russian Federation of November 25, 2016 No. 1248

Rules of application by the military personnel of bodies of the Federal Security Service of military equipment

1. These rules regulate procedure for application by the military personnel of bodies of the Federal Security Service (further - the military personnel) military equipment.

These rules do not extend to cases of use of military equipment by the military personnel in case of protection of frontier of the Russian Federation, exclusive economic zone and the continental shelf of the Russian Federation.

2. The concepts used in these rules mean the following:

a) "military equipment" - the military equipment taken advantage of bodies of the Federal Security Service, intended for defeat of manpower, watercrafts, aircraft, other vehicles, buildings, constructions or other objects including the technical means which are directly providing use (targeting, start-up, management and servicing) of the specified military equipment;

b) "use of military equipment" - use by the military personnel of military equipment personally, as a part of calculation, crew of military equipment or as a part of divisions (groups) based on the order (order) of the authorized officer of bodies of the Federal Security Service for prevention or control of offenses, for prosecution and detention of persons who committed crimes or suspects of their making and also for implementation of the events held during the course of performance operational and fighting (operational and office) tasks;

c) "precautionary shot" - the production of one or several shots (start-up) depending on type and type of arms of military equipment which is not pursuing the purpose harming of life and to human health, causing property harm and directed to the prevention of persons making illegal actions of possible use of military equipment with production of shot (start-up) on defeat, compulsion them to fulfill legal requirements of the military personnel, and also for the purpose of giving of alarm signals or challenge of the help.

3. Military equipment is used according to requirements, stipulated by the legislation the Russian Federation and rules of international law, in the following cases:

a) protection of citizens against the attack threatening their life and health;

b) detention of person overtaken when making the act containing signs of heavy or especially serious crime against life, health, property, the government, public safety and public order, and trying to disappear if other means to detain him it is not possible;

c) detention of person showing armed resistance, and also person refusing to fulfill the legal requirement about delivery being in case of it weapon, ammunition, explosives, destructive devices, toxic or radioactive materials;

d) suppression of escape from places of detention of suspects and the crimes of persons accused of making, and also suppression of attempt of violent release of specified persons;

e) reflection of attack on buildings, rooms, constructions of bodies of the Federal Security Service, the Armed Forces of the Russian Federation, other troops and military forming, the state and municipal authorities and on other objects;

e) reflection of attack on the military personnel, members of their families when their life is exposed to direct danger;

g) elimination (prevention, suppression) of threat of act of terrorism;

h) release of hostages;

i) suppression of attempt of occupancy by weapon, particular loads, vehicles, watercrafts, aircraft, military equipment;

j) assistance concerning watercrafts, aircraft and other vehicles, including in case of reflection of armed attack on them;

k) suppression of the actions posing safety hazard of objects of the state protection and the protected objects.

4. The military personnel also has the right to use military equipment:

a) for stop of the watercraft, the aircraft and other vehicle by its damage if person managing it refuses to fulfill numerous requirements of the military personnel about stop and tries to disappear, creating threat of life and to health of the citizens, except as specified, provided by the Federal Laws;

b) for neutralization of animal, life-endangering and to health of citizens and (or) military personnel;

c) for destruction of the elements and designs interfering penetration into residential and other rooms on the bases, stipulated by the legislation the Russian Federation;

d) for production of precautionary shot, giving of alarm signal or challenge of the help;

e) for prevention of natural disasters and other emergency situations.

5. In case of use of military equipment the military personnel shall consider the created situation, nature of actions and degree of danger of persons to which military equipment is used, and also force of resistance shown by them, aiming to minimize any damage.

6. Shall precede use of military equipment with production of shot (start-up) on defeat clearly the expressed warning of intention to use it.

7. Military equipment with production of shot (start-up) on defeat can be used without the prevention if person against whom military equipment is used is already warned about use against it of weapon, and also in the following cases:

a) reflection of sudden or armed attack on military personnel and other citizens;

b) reflection of attack with use of military equipment, watercrafts, aircraft and other vehicles;

c) suppression of rendering armed resistance;

d) suppression of escape of the detained persons with weapon;

e) emergence of other emergency situations when such prevention is impossible.

8. Military equipment with production of shot (start-up) can be used to giving of alarm signal or challenge of the help by production of shot (queue, start-up) up or in other safe direction, and also to prevention of natural disasters.

9. The military personnel is forbidden to use military equipment with production of shot (start-up) on defeat in case of considerable accumulation of people if as a result of its application accidental persons, against women, persons with strong indications of disability, minors when their age is obvious or known to the military personnel, except as specified rendering by specified persons armed resistance, making of the armed or group attack, life-endangering and to health of citizens or military personnel, or cases of prevention (suppression) by the military personnel of act of terrorism, release of hostages, reflections of the armed or group attack on crucial and potentially dangerous objects, and also objects of the state and municipal authorities can suffer.

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