The statute of Berkut came into force
The order of the Ministry of Internal Affairs (MVD) dated October 24, 2013, No. 1011, approving the Statute of the special subdivision of the police of the public security Berkut, was published in the seventh issue of the Official Bulletin of Ukraine. As of today the special subdivision Berkut is allowed to use force, impact munitions and firearms against the citizens.
According to the document, the officers of the subdivision in order to fulfill the entrusted to them tasks have the right to apply the measures of physical influence, including, hand-to-hand clash holds, impact munitions and firearms in the cases and in the order stipulated by the articles 12-15-1 of the Law About the Police. It should be noted that, according to the law, the police officers have the right to apply handcuffs, rubber truncheons, tie-up means, tear substances, light and sound devices of distracting effect, devices for opening up premises and forced stop of transport, water cannons, armored vehicles and other special and transportation means, as well as to use military working dogs.
According to the document, the special subdivision of the police of public security Berkut is a riot police, which is a part of the structure of the police of public security and is a structural subdivision of the main directorates and of the directorates of the MVD of Ukraine in the Crimea, the regions, Kiev and Sevastopol.
The subdivision is headed by a commander, who is appointed to a post and relieved of his post by the order of the Main Directorate of the Ministry of Internal Affairs (MDMVD) or by the Directorate of the Ministry of Internal Affairs (DMVD) with the concurrence of the head of the Department of Public Security of the MVD.
It is established that a subdivision subordinates to the Head of the MDMVD, DMVD, and, in case of his absence, to the deputy, who coordinates the activities of the subdivisions of the police of the public security. In case of fulfillment of the tasks beyond the region of constant dislocation, a subdivision is passed into the operational command of the respective head of the MDMVD, DMVD.
The special subdivision may be involved:
- to suppress mass riots and group breaches of peace;
- to ward off attacks of buildings, constructions and vehicles irrespective of their belonging or to liberate them in case of their seizure;
- to stop the mass seizure of land and other actions, which may cause clashes of the groups of population, as well as the actions that paralyze the work of transport, vital activity of settlements, encroach on public order, life and health of people.
The tasks of the subdivision are:
- securing the public order on the objects and territories, which have special agricultural significance;
- securing the personal security of citizens, protection of their rights, freedoms and legal interests;
- prevention of delinquency and its stopping;
- protection and securing the public order;
- detection of crimes;
- participation in the activities, directed at the search and detention of the persons, suspected of criminal offenses, armed and other criminals, who are public danger, release of the hostages, suppression of terrorist acts.
In accordance with paragraph 27 of part 1 of article 10 of the Law, Berkut is obliged to ensure public order during carrying out of mass activities of commercial character funded by the organizations or the individuals who are holding theses activities.
In pursuance of the paragraph 20 of part 1 article 11 of the Law Berkut in accordance with its competence provides temporal limitation or prohibition of access of citizens to separate areas or objects to ensure public order, public security and protection of life and health of people.
The duty of the subdivision is also securing protection of public order in places of temporary stay of the officials, in respect of whom the state protection is carried out, and on the territory, adjacent to them.
The subdivision together with agencies and subdivisions of departments of the internal affairs, the internal troops of the MVD, the central executive bodies is involved in the activities, aimed at search and detention of persons suspected of criminal offenses, armed and other criminals, who are public danger, release of the hostages and suppression of terrorist acts.
On the decision of the Minister of the Internal Affairs or his deputies the subdivision may temporarily be redeployed to another administrative and territorial unit for participation in urgent activities to ensure public order, suppress group violations of public order and mass disturbances, carry out the activities aimed at the search and detention of persons suspected of criminal offenses, armed and other criminals, who are public danger, release of the hostages, suppression of terrorist acts.