Once again about the use of physical force and special technical means by police officers

Kurakin Aleksei Valentinovich ORCID: 0000-0003-0812-8212 Doctor of Law Professor at the Department of Administrative and Information Law of the Financial University Under the Government of the Russian Federation 99 Ryazansky Ave., Moscow, 109542, Russia kurakinaleksey@gmail.com Other publications by this author

Police officers of various states, including our country, use special and sometimes technical means, as well as physical force, during the performance of their tasks, often this is necessary to suppress resistance or the will of the opposing person. As Y.P. Solovey wrote at the time, "... the use of force remains a harsh reality of police practice. The truth is that the social role of the subjects providing the police function of the state cannot be correctly understood outside their authority to resort to physical coercion if necessary" ^[1].

Among the measures of state coercion, those measures that are associated with physical coercion have a "special status". This is due to the fact that as a result of physical coercion, there is a restriction of a number of personal, inalienable rights of the individual, namely the right to freedom and physical integrity. No one has the right to physical coercion, except those authorized by the State and the law of the subject, and only in cases where there are legitimate grounds for this. As a result of physical coercion, namely the use of physical force, physical pain is inflicted on a person, both physical and moral trauma can be inflicted. In order to prevent this, the law establishes prohibitions on the use of physical force, as well as defines the limits of its use. It should be understood that physical force, namely blows to the human body, bending the arm behind the back and other permitted methods of physical impact are used by a police officer, not to hurt or humiliate a person, but to achieve the purpose for which the law allows the use of physical force. As noted in the Federal Law of February 7, 2011 "About the police" "... a police officer is prohibited from resorting to torture, violence, or other cruel or degrading treatment. A police officer suppresses actions that intentionally cause pain, physical or moral suffering to a citizen" (Article 5). As Y.P. Solovey wrote, "the use of physical force should not be punishment, torture or mockery of the relevant person" ^[2]. These provisions can be considered the principles on which the right to use physical force by a police officer is based.

Thus, as a general rule, it is unacceptable to use physical force against women, especially with obvious signs of pregnancy, the disabled, and minors. According to the law of February 7, 2011 "On the police" "on each case of the use of physical force, as a result of which harm was caused to the health of a citizen or material damage was caused to a citizen or an organization, a police officer is obliged to inform the management about this and submit an appropriate report within 24 hours from the moment" (Article 19). The right to use coercive measures, especially physical force and special means, is an integral part of the legal status of a police officer. In this regard, N.P. Volkova correctly writes that "... the use of physical force, special means and firearms by a police officer is a tool that is provided to solve the tasks assigned to him. The right to apply these coercive measures is an integral element of the special status of a police officer" ^[3].

Given the existence of the designated powers, it should be noted that a police officer must be prepared both physically and have the skills to use a wide variety of physical development measures. The right to use physical force by a police officer is defined in the Federal Law of February 7, 2011. "On the police", a number of articles are devoted to this issue, but especially Articles 19 and 20. Quite often, a police officer needs to use both physical force and special means in a complex. But it is not uncommon for cases when only physical force or special means are used separately. In this regard, we will differentially consider the grounds for the use of physical force, and also determine what kind of category it is.

Coercive measures of any kind are applied if there are legitimate grounds, in each case such grounds are different. As noted in the commentary to the law "On Police", "the main difference in the occurrence of grounds for the use of physical force by police officers from the grounds for the use of special means or firearms is the passive disobedience of other persons to comply with a legitimate demand of a police officer or passive violation of public order" ^[4].

This approach is not as convincing as it seems to be the basis for the use of physical force, it can be both a "passive" and an "active" violation of public order. Physical force is used when psychological measures do not give the desired result, as well as when it is simply impossible to do without the use of physical force in a particular situation. If the goal is achieved through the use of physical force, then it is unacceptable to use special means, and even more so firearms.

Physical strength is partly a condition that any person possesses. Physical strength is a quality of health that is given to a person upon his birth. However, physical strength is also an acquired quality over the course of some time that a person has devoted to his physical development by regularly doing sports or physical education. Physical education is a part of the general culture of a person and the personality of a police officer. Physical culture develops the best qualities of a human personality, contributes to the intellectual development of a person, and also increases the effectiveness of an employee's professional activity. As noted in the doctrine, "physical qualities are the properties of the body that ensure human motor activity. These qualities include muscular strength; speed; endurance; flexibility and dexterity" ^[5]. Physical culture and sport are part of the life activity of any person, especially one whose professional activity involves the necessary physical training, namely, the exercise of physical influence on another person within the framework of the law in order to stop him from committing illegal actions. The professional activity of a police officer, especially one who performs his professional functions in the field of public order protection and crime control, presupposes his proper health, physical development, as well as the necessary physical training, namely, possession of skills in applying the necessary power techniques, fighting. The necessary professional skills are acquired by a person as a result of engaging in appropriate sports, they are also called service or applied sports. Thus, according to the Federal Law of December 4, 2007 "On Physical Culture and Sports in the Russian Federation", service and applied sports are sports based on special actions (including techniques) related to the performance of their official duties by employees (art. 2). The ideal situation is when a person before admission When he joined the police, he was engaged in sports that have an official character, namely any martial arts. This, of course, can help the professional development of an employee, as well as contribute to his further physical and intellectual development.

Police officers, as well as other people, are all different in terms of their physical capabilities, there are high and low-height employees, each has their own weight and other physical characteristics, all this, of course, should be taken into account when using physical force. It would seem that the qualities and properties of a person, far from the law, may have legal significance under certain circumstances.

A police officer is a physically healthy and strong person, this is a necessary condition for entering the service. In the current reality, there are quite a lot of women in the police service who fill positions that were previously filled exclusively by men, these are positions in the patrol and post service of the police, local police commissioners. Working in these services quite often requires the use of physical force and special means against offenders, in particular people who have caused a "family scandal", people who behave inappropriately in public places and do not comply with the legitimate demands of the employee to stop the offense. A female police officer objectively cannot physically cope with an audacious and physically strong offender of public order. A female employee will not be physically able to bend her arm behind her back, exert other physical influence on the violator in order to suppress the offense, and thereby help citizens. This problem is quite obvious and it needs to be resolved.

Further, we note that obtaining the necessary martial arts skills (physical training) is effective only when a person is interested in it himself, it is extremely difficult to train an employee in fighting techniques, self-defense skills or boxing when he does not want it or does not have due diligence. To master martial arts skills, you also need certain abilities, independent training, a healthy lifestyle, as well as a love for the appropriate sport. Some police officers formally relate to their sports and applied training, and do not properly possess the skills of using physical force (fighting techniques), have weak running training and physical endurance. While a number of people who oppose the police and the authorities in general, while committing daring and serious crimes, pay serious attention to their physical development. In the physical training programs for police officers, the main emphasis is on teaching self-defense techniques, while in professional activities an employee may need strength (muscular training) as well as running training. In this regard, vocational training classes should be as diverse as possible.

A police officer in his daily work has to face situations when measures of moral and psychological influence on the offender do not work. So, before using physical force, an employee must demand that the person committing the offense stop it, sometimes there are situations of an urgent request to follow a police officer, and if this does not happen, the requirements of the police officer are not met, then there are grounds for both the use of physical force and the use of special means. In the relationship between a police officer and a citizen, only an employee can use physical force and special means on the basis of the law. The use of physical force or special means against a police officer who acts lawfully is a crime (Article 318 of the Criminal Code of the Russian Federation). At the same time, for exceeding the powers associated with the use of physical force, a police officer may be responsible for exceeding official powers (Article 286 of the Criminal Code of the Russian Federation). As already noted, the right to use physical force is granted to a police officer to counteract the corresponding resistance, this right is necessary to suppress the will of the opposing person. As M.R. Glushkov notes, "... countering detention sets employees the task of overcoming it, which is solved, ultimately, through the use of physical force" ^[6].

As already noted, a police officer must be physically prepared, must run well, this is necessary in order to catch up with a person who has committed an administrative offense, or a crime that, by its qualities and signs, cannot be classified as serious or especially serious acts. In this case, it is impossible to use firearms in the pursuit of the offender. A police officer must have the skills of various martial arts, it should be noted that only SAMBO skills may not be enough. It is the techniques of sambo (self-defense without weapons) that are traditionally taught to police officers. It should be noted that in "street fighting" the most effective martial art is such a martial art as "boxing". Based on this, a police officer should also have boxing skills. The optimal situation is when a police officer is not only intellectually versatile, but also has a fairly broad sports competence related to the use of physical force used to counteract both administrative offenses and crimes. As noted in the commentary to the law "On Police", "the use of physical force is a coercive action that is based on the use of muscular strength and individual physical capabilities of each individual police officer and may be accompanied by pain, death, damage or destruction of objects and mechanisms" ^[7].

It should be noted that the use of certain special means used by the police is possible only with the use of physical force. For example, when using means of destroying obstacles, a rubber stick requires physical strength. As V.V. Chernikov and Yu.P. Solovey correctly noted, "... fighting techniques of wrestling as a kind of physical force used by an employee can relate to any systems of hand–to-hand combat - boxing, sambo, judo, karate. It does not matter to the law, the main thing is that the severity of the consequences resulting from the use of blows, throws and other techniques by an employee should be proportionate to the nature and degree of danger of the offense being suppressed, the strength of the counteraction provided" ^[8].

Once in a situation of using physical force, a police officer independently assesses the situation and his physical capabilities. Despite the legal uncertainty in the regulation of the use of physical force, a police officer must act reasonably, not turn the use of physical force into beating the person against whom the corresponding physical impact is being exerted. To prevent a situation that may undermine the trust in the police on the part of citizens who observe the process of using physical force.

Using techniques of various martial arts in order to overcome physical resistance, a police officer should strive for minimal physical damage, clearly understand the limitations of physical impact, while the officer should strike only at the body of the person concerned, apply painful and suffocating techniques in the fight that occurred as reasonably as possible. In most cases, the use of physical force should not lead to serious consequences for the person concerned. The use of physical force is a complex of volitional and conscious actions of a police officer, which uses techniques of various martial arts in order to suppress the resistance and will of the opposing person who committed an illegal act. Physical force is used to suppress an offense, it is also necessary to create opportunities for further application of procedural measures, such as the delivery and detention of the offender, carrying out his inspection, seizure of things and documents and other material evidence.

The use of physical force is what can begin the process of applying special preventive measures, if physical measures alone are not enough, and the current situation requires otherwise, then special means can be used, and in exceptional cases, weapons. It should be noted that physical force is used by a police officer to suppress crimes and administrative offenses. Quite often there is a situation when an employee uses physical force specifically to suppress administrative offenses, since it is simply unacceptable to use many special means, and even more so weapons, to suppress administrative offenses.

Physical force is used to counteract disobedience to the lawful request of a police officer, to proceed to the territorial body of the Ministry of Internal Affairs, or to get into a vehicle in order to carry out the appropriate delivery. In this case, various physical measures are used, such as bending the arm behind the back, various kinds of grips, in order to force the relevant person to obey the legitimate request of the employee. The use of physical force is sometimes necessary for the implementation of inspection measures, namely personal inspection, as well as the inspection of things that are with the relevant individual. In this case, the person against whom this physical impact is applied can be "laid" on the ground (floor) face down, or placed facing a wall or a car. The whole process of physical coercion can also be accompanied by psychological influence, during which demands are made regarding the proper behavior of the person concerned, in this case words may sound about a more serious impact if resistance continues, or legitimate demands will not be fulfilled. In this regard, the physical impact is intertwined with the psychological impact on the will and consciousness of the person against whom this physical coercion is being exerted.

The algorithm of the police officer's action before using physical force is as follows. Thus, an employee is obliged to inform persons against whom the use of physical force is intended that he is a police officer. When using physical force, a police officer acts taking into account the prevailing situation, the nature and degree of danger of the actions of persons against whom physical force is used. Also, a police officer is obliged to provide assistance to a citizen who has been injured as a result of the use of physical force, as well as take measures to provide him with medical care as soon as possible. Thus, an employee must perform a number of duties before he uses physical force, as well as after its use.

Further, we note that physical force is used not only against a person, but also against property. So, with the help of physical influence of a police officer, an obstacle can be eliminated, in particular, the door is knocked out, the glass of the car is broken, the latter is necessary for physical extraction from the passenger compartment of a driver who is intoxicated and refuses to get out of it on his own. Breaking the glass of a car that is closed is carried out by hitting it with an elbow or foot, such an impact may be necessary to prevent an accident or other incident. Carrying out physical effects on property, damaging it, a police officer must understand the situation that if his actions are found illegal, he will be liable for damage to property, both criminal and disciplinary liability, as well as compensate for property and moral damage caused. Physical force is used by a police officer as an independent measure of coercion, and in cases where there are grounds for the use of special means and firearms. When using physical force, it is not allowed to cause serious harm to the health of the person against whom this coercion was carried out. The principle of adequacy of physical impact should permeate the entire process of using physical force, a police officer should clearly understand that if it is enough to inflict one relaxing blow, then it is not necessary to inflict a second blow. It is also necessary to understand the anatomical features of a person, this will make it possible to prevent serious injuries to the person concerned. A police officer should also be aware that the physical and property damage caused as a result of the use of physical force by him can be appealed by the relevant person.

Legal regulation of the use of special means

In the context of technological development, it is very important that special and various kinds of technical means be used in the activities of the police. A police officer must not only be physically developed, prepared from both a legal and psychological point of view, he must also have the skills to use various kinds of special tools. It should be noted that a police officer must have the skills to use those special tools that meet the tasks that he directly performs. Special means from the point of view of their design features can be quite simple in their application, in particular, the use of a special (rubber) stick, protective helmet (helmet), body armor does not cause any special difficulties. These special tools make it possible to effectively protect an employee, prevent various kinds of injuries, and also make it possible to suppress the resistance of the offender when using them. The police are armed with special tools, the use of which requires additional technical training, additional education of the employee. Such special (technical, forensic) tools are used by units created for these purposes, or by employees (experts) who replace positions formed for the implementation of these functions.

Technological, informational, and digital development objectively force the introduction of new technical (digital) devices into police activities, and, relatively speaking, create a model of a "digital policeman". Without constant technical equipment of the police, as well as the recruitment of people prepared for the use of modern technical (special) means and technologies, the police will lose the effectiveness of their work.

According to the Federal Law of February 7, 2011 "About the police" the police in their activities uses the achievements of science and technology, information systems, communication networks, as well as modern information and telecommunications infrastructure (art. 11). The development of technology and technology is reflected in the development and quality of special tools that are used in police activities.

As a small historical reference, it should be noted that the Soviet policeman, while serving to protect public order, was practically not provided with special means from "special means" he had only an official ID and a radio station. At the same time, it should be noted that the radio stations were provided by employees who served mainly in cities. At the same time, even in urban conditions, this station did not work very stably, in this situation the employee found himself with the danger almost one-on-one and could not inform the police officer on duty about it, give an alarm signal or call for reinforcements. In the context of the sudden democratization of public life in the second half of the eighties, employees began to arm themselves with special means such as a "rubber stick" (RP-73). This tool was put into service in 1973, but this special tool was not given to employees, since an employee with a stick was a direct association with a policeman in Western countries, in which a police officer beats defenseless citizens with this stick. Of course, a Soviet police officer could not do this, the main principle in the work of the police was the principle of persuasion, not physical influence, and even more so with a rubber stick, which in the late eighties resourceful citizens began to call a "democratizer". It was only in the conditions of a new democratic Russia that the bodies of the Ministry of Internal Affairs began to be provided with the necessary special means, since without this it was impossible to resist new criminal challenges and threats. And a special stick (baton) is still in service with the Russian police. It is quite simple to use a special stick, however, it must be borne in mind that it is not allowed to strike a person with a special stick on the head, neck, clavicle area, abdomen, genitals, in the projection area of the heart.

It should be noted that the police of Western countries also use a fairly diverse arsenal of special tools. Thus, the Czech police uses: "tear gas; batons; handcuffs; service dogs; service horses; means of forcibly stopping and leaving vehicles; water cannons; plastic grenades; firearm impact. Special units use paralyzing agents; special throwing devices; special assault weapons" ^[9].

In general, police officers from different countries use approximately the same set of special tools, and the grounds for their use are also similar in many ways.

The use of special tools makes it possible to increase the effectiveness of police activities in ensuring law and order and combating crime. Special and technical means are used in a wide variety of police activities, some special means are necessary in the administrative activities of the police, other means are necessary in operational investigative and procedural work. It should be noted that the content of each of the areas of police activity has its own peculiarities of the use of certain special means. Thus, the means of forcibly stopping a vehicle, the driver of which did not comply with the lawful requirement of a police officer, are used by employees of the State Traffic Inspectorate. The means of forcibly stopping wheeled motor transport include, for example, a set: "Stop Spike". At the same time, as follows from the law "On Police", it is not allowed to use means of forced stopping of transport intended for the carriage of passengers (if there are passengers), vehicles belonging to diplomatic missions. It is also prohibited to use means of forced stopping of transport in relation to motorcycles, scooters and mopeds; on mountain roads or roads with limited visibility; at railway crossings, bridges, overpasses, overpasses, in tunnels (art. 22). To determine the state of intoxication, traffic police officers at the scene of identifying a driver with signs of alcohol intoxication use various kinds of "breathalyzers" (traffic police Meta-01), etc.

In this regard, special means are differentiated depending on the direction of their use and the goals that need to be achieved in a particular area of policing. Based on this, the doctrine notes that "... special means, depending on the physical principle of action, are divided into such as: traumatic means; chemical and electrical means" ^[10].

In turn, E.N. Bystryakov, M.V. Savelyeva and A.B. Savushkin allocate such special means as "... means of individual armor protection; means of active defense and support for special operations; technical means of information protection; search technical means; technical means of control and access control; technical means of surveillance; special chemicals" ^[11].

Thus, S.A. Isakov and M.L. Gulak note that "... special means can be divided into those that ensure the personal safety of an employee, as well as special means that influence the offender. According to the intended purpose, special means can be differentiated into special means of influencing humans and animals; material objects; universal special means. According to the method of exposure to a person irritating the mucous membrane; light and sound action; psychophysiological action; shock and pain action" ^[12].

Also, the designated authors identify "personal protective equipment; means of active defense; means of conducting special operations." During special operations, a whole range of special tools is used. Thus, the release of forcibly detained persons, as well as seized buildings, premises, structures, vehicles and land plots requires the use of various special means, means of various functionality, namely tear gas, stun grenades, etc.

Means of active defense enable an employee to exert influence on the relevant person in order to suppress his actions, the use of these means has a physical impact, but such an impact, as a rule, does not lead to a fatal outcome. The use of special means leads to physical pain or other unpleasant consequences, in this regard, the employee should strive to minimize harm, as well as provide assistance to the appropriate person after the use of special means.

The doctrine also notes that special means can also be divided "according to their intended purpose, methods of influence; tactical and technical characteristics; principle of action (contact/contactless); physical principle; order of application (individually/ in a group)" ^[13].

It should also be noted that special means can be subdivided depending on which illegal act was committed. To counteract an administrative offense, it is impossible to use means designed to suppress a crime. Thus, a police officer must act very differentially when detaining a person caught committing a crime and trying to escape and when detaining a person caught committing an administrative offense and trying to escape.

Regardless of their characteristics, as well as their functionality, the police should not be armed with special means that, when used, can cause unjustifiably severe injuries or injuries, leading to the risk of unpredictability. As noted in the doctrine, "... the basic principles of creating special means is the possibility of disabling for a certain period of time the person against whom the means were used, ensuring maximum safety, taking into account the effectiveness of temporary damage. At the same time, it is impossible to create special means that would completely exclude a fatal outcome" ^[14].

The use of special means of active defense makes it possible in some cases to exclude the use of firearms and thereby minimize both physical harm and property damage. In this regard, as already noted, it is simply impossible to imagine the work of a modern police force without its proper technical and special equipment. As noted in the doctrine, "... currently, special means occupy a special place in the technical equipment of the Russian police. They are a special component that ensures the safety of both police officers and citizens due to their functional component, namely, the provision of non–lethal effects on the offender" ^[15].

With this in mind, let's consider what is meant by such a category as "special means", as well as "technical means". Let's also pay attention to how the designated definitions relate to each other. Such a category as "technical means" is closely related to technology or technology, in this regard, it can be concluded that a technical means is a set of various kinds of mechanisms, various kinds of parts that are put together in the interests of obtaining a new technical quality. A technical tool makes it possible, during its operation, to increase the efficiency of the activity or work in which it is used. Special tools, in a sense, are part of the technical tools. Special tools this category is somewhat conditional, since any technical device, both with and without structural changes, can have the "status" of a "special tool" or "status of a special technical tool". As follows from the law "On Police" "... in a state of necessary defense or extreme necessity or when detaining a person who has committed a crime, a police officer, in the absence of the necessary special means or firearms, has the right to use any improvised means, as well as use other weapons not in service with the police" (Article 18). Despite this, such a category as "special tools" is analyzed in theory, based on this, we will give several definitions of the designated concept

Thus, V.V. Chernikov and Yu.P. Solovey wrote that "special means can be defined as being in service with the police, and used in cases and in accordance with the procedure provided for by law. Technical products (devices, objects, substances) and service animals, the main purpose of which is to exert direct forced physical influence on a person or any material objects" ^[16].

M.N. Marshunov notes that "special means are technical devices (objects), as well as animals that are designed to directly affect a person, object or animals" ^[17].

A fairly typical approach to the definition of special tools.

A.K. Muranov, introducing such a category as "non-lethal weapons" into doctrinal circulation, insists that these weapons should not be classified as "special means". Thus, "non–lethal weapons are devices and objects structurally designed for non-fatal reversible destruction of a living target, its immobilization, as well as the disabling of equipment and infrastructure facilities while minimizing their significant physical destruction." From this definition, it can be concluded that "non-lethal weapons" have all the important features of special means of an attacking (active) nature, as well as signs of technical means that are used during various special operations.

At the same time, the designated author writes that "... special means can be various devices, devices, devices used not only by employees of public authorities for law enforcement purposes, but also used in various fields of human activity, commercial or non-profit organizations" ^[18].

The above definition also confirms our thesis that the category of special tools is quite broad and to some extent abstract. This is due to the fact that many technical devices, if they are not adapted to the work of the police or other law enforcement agencies, can be used in a wide variety of spheres of human life and economic activity. Despite this, we will define such a category as "special police means".

Special police means are technical devices of varying degrees of complexity and functionality adopted by the police, designed to solve various official tasks, the use of which does not lead to death, does not pose a danger to the environment, but due to their short–term effect and, if necessary, depriving a person of the opportunity to resist the police.

The use of special means against a person temporarily leads to a disorder of his body, due to a certain shock, physical or chemical exposure, but after such exposure the human body recovers in full and no harm is caused to human health. This is a very important property of special products, but it is very important to comply with the technical regulations for the use of appropriate products, i.e. it is unacceptable to use some special products against minors, pregnant women, indoors, at low temperatures, as well as other circumstances that can lead to unpredictably serious consequences. The use of special means acts as an alternative or completely excludes the use of firearms in the appropriate situation.

When using special means, as well as the use of physical force, and in some cases when using firearms, a police officer acts in a situation of information uncertainty and often decides on the use of a special means himself. Despite this, it should be noted that a police officer, before he uses special means, such as electric shock devices, chemical agents, means of forcibly stopping transport, must try to obtain the necessary information, and then make a decision on the use or non-use of one or another special means. It is quite obvious that in a situation where special means are used by a police officer as part of a unit, in this case decisions are made easier, the decision is made by the head. Despite this, a police officer should (is obliged) to carry out only a legitimate decision, including in the matter of the use of special means.

It should be noted that technical means are often part of special means. Technical means have, as a rule, a rather complex constructive device designed to increase the effectiveness of police activities, as well as enhancing police influence. In the current reality, technical means have a digital format. So, without the use of special technical means, it is impossible to carry out control measures and remove information from technical communication channels. Special technical means are being developed for the police, in addition, any equipment that has a wide range of domestic applications can be used as special means. As already noted, "household (ordinary) appliances" become special equipment in the police service only when it adapts to solving law enforcement tasks. As V.A. Volynsky writes, "the camera, microscopes, analytical instruments and computers remain as such, regardless of their application. But they become criminalistic only when they are adapted methodically, and also adapted to solve technical and criminalistic tasks" ^[19].

So, it is quite obvious that various items can be used as special tools or special equipment, nevertheless, tools (technical devices) are being developed for the police, which are not in civil circulation. In particular, these are means for covert surveillance, or covert receipt and fixation of information, means of covert identification of a person, etc. Various kinds of staining agents (chemical traps) are used to identify the offender. When using them on a particular object, the consent of its owner must be taken into account, while the police officer must take measures to exclude the use of these means of identifying the offender against random persons.

Thus, special means are widely used by the police to identify persons who commit or have committed crimes or administrative offenses.

As already noted, special means include personal protective equipment. The employee's personal protective equipment is: helmet (helmet), protective shields, body armor, knee and elbow protection, glasses, special uniforms, etc.

The means of active defense of a police officer include such items as: special rubber sticks, gas and electric weapons, etc. Special tools also include service animals, as it seems to us, service animals, for example, service dogs or horses should not belong to special tools. Service animals, in particular horses, dogs, should have a separate status, the grounds for their use and thus they should not be included in the general system of special means, due to their biological characteristics. Thus, a separate article should be fixed in the law "On Police": "Service animals", and the grounds for their use should be determined.

The use of animals in the police service has its own traditions, and by now quite a lot of experience has already been accumulated in their use in carrying out various kinds of search activities, in particular, service dogs of certain breeds are involved in this work. The service dog is used to carry out security, as well as escort detainees and prisoners. Service dogs, despite the availability of technical means, assist in the search for weapons, explosive devices, narcotic drugs, etc. Horses are used in the police service, and mounted police units have been formed in the Interior Ministry system. Police officers on horseback take part in the protection of public order during large mass events, in particular sports. It should be noted that the effectiveness of the mounted police service, the "mounted police officer" can quickly disperse a large crowd of violators. Also, while on a horse, an employee can observe the events taking place in this area. As practice shows, namely the experience of using horses, one mounted policeman can perform the work of protecting public order during large public events, while replacing six foot officers. The use of horses is also advisable for the suppression of mass riots, as well as blocking the movement of groups of citizens who commit illegal actions.

When suppressing group (mass) violations of public order, armored vehicles are used, as well as water cannons. At the same time, it must be remembered that the use of water cannons is not allowed at air temperatures below zero degrees Celsius. The use of water cannons and armored vehicles is carried out by decision of the head of the territorial authority, followed by notification to the prosecutor within 24 hours.

It should be noted that the use of special means is carried out by a police officer, precisely to protect and protect the rights of citizens, ensure public interests, achieve the goals of law enforcement, and then to protect the police officer himself. As follows from the law "On Police", special means are used to repel an attack on a citizen or a police officer (Article 21). The use of special means gives a police officer certain advantages in confrontation with an offender if he resists, continues to commit a crime or an administrative offense, does not comply with the lawful requirements of the employee to stop the illegal act. Despite the fact that a police officer has the right to use special means, he can do so only on grounds defined by law (Article 21).

One of the reasons for the use of special means is to prevent the functioning of unmanned vehicles, while it does not matter if this device moves on land, water or air. It should be noted that in August 2024, the first accident involving the Yandex–Delivery unmanned vehicle (Yandex-Food) was committed in Moscow. "The delivery robot missed people walking around it, so he spent more time moving the pedestrian crossing, did not have time to pass the green light signal, when the work was almost completed, the car hit him, while the robot moved without violating traffic rules, as well as the car" ^[20].

It would seem to be a household story, but it can lead to more serious consequences, and in order to avoid such accidents, a police officer can use special means to eliminate this robot from the roadway (other territory), stop moving an unmanned vehicle if its movement threatens people, property, creates other security risks. At the same time, it does not matter whether the unmanned vehicle complies with traffic regulations or does not comply with any other rules.

The use of special means increases the physical impact on a person, while there are quite a lot of reasons for the use of these means, these are the grounds established both for the actual use of appropriate means and those grounds that are determined for the use of firearms. A police officer armed with special means and weapons must correctly assess the current situation and correctly decide what to use against a person who commits illegal acts. Thus, a police officer must be ready to use special tools in a digital reality environment. Let's also pay attention to the fact that the use of technical means with artificial intelligence technologies carries various risks, that the use of bottom technology is designed for an average situation, to some extent an ideal situation. In law enforcement practice, there are a lot of non-standard, complex and complex situations that digital technology can not always assess. The use of artificial intelligence technologies in law enforcement, including police work, among other things, should be ensured by measures of legal responsibility. And therefore, in the current legislation, the situation should be worked out about who will be the subject of responsibility for causing harm, and maybe committing an offense with technologies in the content of which artificial intelligence takes place, including on condition that all technologies involved in the law enforcement process worked in good order.