Novikov D.O. Use of physical force by the members of Voluntary People's Druzhina within the framework of the Federal Law “On Participation of Citizens in Maintenance of Public Order”: questions of theory

Abstract: The object of this research is the public relations in the area of use of physical force by the members of Voluntary People's Druzhina. A special attention is given to the legality and grounds for use of physical force by druzhinniks in self-defense, protection of third parties, and execution of their tasks. The author carefully examines the questions of correlation of the necessary defense within the frameworks of the Federal Law “On Participation of Citizens in Maintenance of Public Order” and Criminal Code of the Russian Federation, as well as the questions of legality of detention of individuals caught by druzhinniks at the scene of the crime. The author conducted comparative analysis of the legislation that regulates the work of druzhinniks with the law “On Police”, and used the norms of the Criminal Code of the Russian Federation and Code of the Russian Federation on Administrative Offenses for the purposes of studying the possibilities of use of physical force by druzhinniks and correspondence of this use with the legislation. The work presents the research on the legal precedent from the moment the law went into force, as well as review of the foreign precedent (Belarus, Tajikistan, Japan, and UK) on cases of use of physical force by members of law enforcement.

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