LEGAL GROUNDS FOR THE USE OF FIREARMS BY POLICE OFFICERS: A COMPARATIVE ANALYSIS OF THE LEGISLATION OF UKRAINE AND THE FEDERAL REPUBLIC OF GERMANY

Abstract

The article provides a comparative analysis of the legal grounds for the use of firearms by officers of the National Police of Ukraine and the police of the Federal Republic of Germany. The provisions of the Law of Ukraine “On the National Police”, the Federal Law of the Federal Republic of Germany “On Direct Coercion in the Exercise of Public Power by Federal Officials” (UZwG), the Federal Police Act (BPolG), as well as the legislation of individual federal states are examined. The analysis showed that the use of firearms by police officers of the Federal Republic of Germany has certain differences from the rules for the use of firearms by officers of the National Police of Ukraine. Particular attention in conducting the comparative analysis was paid to the grounds for the use of firearms, the principle of proportionality, the requirements for causing necessary and sufficient harm, the use of weapons against persons in a crowd, warning about the use of weapons and the actions of the police officer after its use. It should be noted that the police of the Federal Republic of Germany strictly adhere to the requirements of international regulations regarding the use of force and weapons, such as the "Basic Principles on the Use of Force and Firearms by Law Enforcement Officials", adopted at the 8th UN Congress in September 1990, as well as the European Code of Police Ethics, which was adopted by the Committee of Ministers of the Council of Europe on September 19, 2001. Based on the analysis, a number of specific proposals have been formulated regarding the possible improvement of the national legislation of Ukraine, taking into account the experience of the Federal Republic of Germany, as well as the practical actions of the National Police of Ukraine.