FEATURES OF THE LEGAL REGULATION OF THE USE OF WEAPONS BY THE POLICE UNDER THE CONDITIONS OF THE STATE OF MARTIAL

Abstract

The article examines the features of the legal regulation of the use of improvised means by police officers during martial law in Ukraine. The current state of regulatory and legal support for coercive measures that can be used by the police in exceptional situations when standard special means are unavailable or their use is impossible is analyzed. Key legislative gaps are identified, in particular, the lack of a clear definition of the concept of “improvised means” and the specification of the grounds for their use, which can cause legal conflicts and negative consequences for both police officers and citizens.The study proposes the author's definition of improvised means as police coercive measures that are not regular special means, but can be used to stop offenses, protect police officers or third parties. The classification of improvised means is carried out according to their functional purpose, in particular, the following groups are distinguished: impact-protective (briefcase, umbrella, book); restrictive (rope, belt, wire); pricking-cutting (scissors, ballpoint pen); distractors (coins, water bottle, telephone).Also, possible tactical approaches to the use of improvised means during the detention of resisting persons and in extreme wartime conditions were investigated. It was determined that the use of improvised means may be justified in situations where there is a threat to the life or health of a police officer or civilians, as well as to stop the aggressive actions of an offender.Based on the analysis, recommendations were proposed to improve the legal regulation of the use of improvised means in police activities. In particular, the need to amend the legislation of Ukraine was substantiated, which would provide for a clear definition of improvised means, the establishment of their exhaustive list, as well as the formation of special training programs for police officers in order to practice the skills of effective and safe use of such means.Thus, the article proves that regulating the procedure for the use of improvised means is important for ensuring a balance between the effective performance of law enforcement functions by the police and the observance of the rights and freedoms of citizens during martial law.