Problems of Legal Regulation of the Use of Force And Means by Employees of the Internal Affairs Bodies in Counter-Terrorist Operations

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The article is devoted to the current problem of legal uncertainty faced by employees of the internal affairs bodies (IAB) when using physical force, special means and firearms in counter-terrorism operations (CTO). The purpose of the study is a comprehensive analysis of legal collisions in the regulation of this issue and the development of proposals for improving the legislation. Materials and Methods: the work is based on a comparative legal analysis of the provisions of the Federal Law "On Combating Terrorism", the Federal Law "On Police" and the Federal Law "On Weapons". Formal-legal and systemic research methods were also used. Literature review: the study takes into account the positions of modern domestic legal scholars dealing with the problems of administrative-legal regimes and legal regulation of law enforcement agencies, which is reflected in the list of sources. Results: the key problems were identified: lack of a clear distinction between "directly conducting CTO" and "ensuring the legal regime of CTO"; serious conflicts between the permissive provisions of the law on countering terrorism and the restrictive provisions of the law on weapons; lack of a clear interdepartmental delineation of powers to apply measures within the framework of the CTO. Discussion and Conclusions: the need for legislative changes is substantiated. The author suggests specific solutions: amendments to Article 24 of the Federal Law "On Countering Terrorism" to eliminate double interpretation; a clear definition of the legal status of police officers depending on the tasks they perform; development of interdepartmental acts delineating powers. It is concluded that the creation of a consistent legal framework is a prerequisite for ensuring both the effectiveness of the fight against terrorism and the protection of citizens' rights.

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Use of force, special means, firearms, counter-terrorist operation, legal regime of the CTO, legal uncertainty, internal affairs agencies

Короткий адрес: https://sciup.org/142245702

IDR: 142245702   |   УДК: 342.98   |   DOI: 10.37973/2227-1171-2025-16-3-72-76