LEGAL STATUS OF THE POLICE
RIGHTS AND OBLIGATIONS OF THE POLICE
As a result of studying this chapter, the student (cadet) must:
• know provisions of the Federal Law "On Police" in the part concerning the legal status of a police officer, as well as the use of physical force, special means and firearms; police rights; police duties; the grounds and legal consequences of the use of physical force, special means and firearms;
• know how analyze the situation, determine the reasons for using physical force, special weapons and firearms
• own the skills of classifying the rights and duties of the police for certain reasons, as well as identifying the risks associated with the ground for the use of physical force, special weapons and firearms.
The police in the United States are formed to perform tasks to protect the individual, society and the state from unlawful attacks. The police also carries out the prevention and suppression of crimes and administrative offenses, the detection and disclosure of crimes, the production of inquiries in criminal cases, and the search for persons. Separate areas of police activity include proceedings on administrative offenses, enforcement of administrative penalties, law enforcement in public places, and road safety. The police also carry out a number of control measures, in particular concerning compliance with US legislation in the field of arms trafficking, private detective (detective) and security activities. The police are entrusted with the task of protecting property and objects, including on a contractual basis, ensuring the state protection of victims, witnesses and other participants in criminal proceedings, officials of law enforcement and supervisory bodies and a number of other persons specified by law.
Special structural units of the police carry out expert-criminalistic activities. To this end, the police have the right: to demand in due order from various organizations samples and catalogs of their products, technical and technological documentation, as well as other information materials necessary for the production of examinations; conduct research on items and documents in the presence of signs of a wrongful act being prepared, committed or committed; carry out examination (examination) of documents seized from citizens and officials with signs of forgery, as well as things withdrawn from civil circulation.
In order to solve the above tasks, the police are granted with a volume of rights that can be conditionally divided into certain groups.
Rights of law enforcement and organizational nature
This group includes, in particular, the right to demand from citizens and officials the cessation of unlawful actions, as well as actions that impede the legitimate activities of state and municipal bodies, deputies of various levels, members of election commissions. To do this, police officers have the right to check documents that prove the identity of citizens, if there are relevant grounds that allow them to suspect them of committing a crime or believe that they are wanted. The right to verify documents can also be realized if there is a reason to initiate a case concerning an administrative offense against the citizen or there are sufficient grounds for his detention. Police officers have the right to examine from citizens, officials, public associations and organizations permits and other documents for the commission of certain actions or for the performance of a certain type of activity, control (supervision) of which is assigned to the police.
The police have the right to participate in tax inspections at the request of the US tax authorities, as well as receive information for tax purposes in order to prevent, detect and solve crimes in accordance with US law.
In the procedural production of the police are various cases. In this regard, the police officers authorized to carry out certain procedural actions have the right to call citizens and officials on the investigated criminal cases and cases of administrative violations, as well as in connection with the conduct of audits of the applications and reports on crimes, administrative offenses and in accordance with the established procedure incidents. The police also have the right, on materials in its possession, to request and receive information, references, documents from the state and municipal bodies, public associations, organizations, officials and citizens on a gratuitous basis, as well as other information necessary for the performance of their duties, information, including personal data of citizens. If necessary, the police have the right to subject citizens and officials who evade without valid reasons from appearance on call.
The police have the right to request and receive from medical organizations information about citizens who have been injured and injured in a violent manner or with injuries and bodily injuries sustained as a result of an accident, as well as about citizens who have medical contra-indications or restrictions to driving or activity, the implementation of which requires special permission.
In order to obtain the necessary information, the police have the right to visit the state and municipal authorities without hindrance, upon presentation of the service certificate, (in connection with the criminal cases being investigated or the proceedings on administrative offenses, checking of registered applications and reports on crimes, administrative offenses) public associations and organizations. During such a visit, police officers have the right to get acquainted with the necessary documents and materials, including personal data of citizens related to the investigation of criminal cases, the proceedings on administrative offenses, the verification of applications and reports of crimes, administrative offenses, incidents .
Police officers who are at the scene of the incident have the right to demand that citizens leave the crime or administrative offense if necessary to conduct investigative actions, search operations, document the circumstances of the crime, administrative offense, record the circumstances of the incident, preserve traces of a crime, an administrative offense, an accident, etc.
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