Journal article Open Access
The article deals with the issue of using measures of physical force, special means and firearms by personnel of penitentiary institutions. The analysis of modern Ukrainian legislation on this issue was carried out. It is established that the researched relations are regulated by a considerable number of legislative, international and by-laws. Application of these measures of influence, in addition to sectoral legislation, is also permitted in other cases provided for by the laws of Ukraine "On National Police" and "On the National Guard of Ukraine".
Requirements for the lawful use of physical force, special means and firearms by personnel of State Criminal-Executive Service of Ukraine to the convicts in places of imprisonment are set, among which: 1) the presence of a certain purpose; 2) power activity; 3) adoption of individual legal decisions in the process of its implementation; 4) is carried out by clearly defined entities; 5) the presence of a regulated procedure; 6) is completed by the adoption of law enforcement act.
The grounds of using physical force, special means and firearms, the features of which are: exclusivity, objectivity and complexity (legal and factual basis) are determined. It is emphasized on the algorithm of applying measures of influence on convicts, which is the same for different types of measures.
The procedure and peculiarities of the application of the measures envisaged by the Rules of the internal order of penitentiary institutions, namely: handcuffs, the means of tear and irritant action, rubber (plastic) batons, straitjackets and firearms, are investigated. The cases of impossibility of their application to certain categories of convicts are analyzed.
Also, the article focuses on problematic practical aspects of the application of these measures: the lack of the necessary theoretical and practical skills of using force and the necessary psychological training. The statistical information and the most widespread violations of the use of measures of physical force, special means and weapons are given. The ways of overcoming practical disadvantages by means of psychological training, professional development of employees and conducting of additional classes for the personnel are proposed.
The author points out the prospects for further research and concludes that the lawfulness using force is an important guarantee of the observance of rights of both for convicted and staff of State Criminal-Executive Service of Ukraine.