Abipolitseiniku seadus (APolS)

§ 1. Scope of regulation of Act

(1) This Act provides for the rights, obligations and area of activity of an assistant police officer with the aim of involving persons in the activity of the police for the protection of public order and for ensuring a safe society.

(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking into account the specifications of this Act.

(3) When applying state supervision measures on the basis of another Act, an assistant police officer must adhere to the provisions of the other Act, taking into account the specifications of this Act.

§ 2. Assistant police officer

(1) An assistant police officer is a person who, on a voluntary basis, participates in their own spare time in the activity of the police on the grounds and according to the rules provided by law. An assistant police officer is not a member of the police.

(2) For the purposes of this Act, participation in the activity of the police means fulfilment of a duty within the competence of an assistant police officer by an assistant police officer together with a police officer, or fulfilment of the duty provided in subsection 2 of § 3 of this Act independently on the assignment of the police.

(3) While participating in the activity of the police, an assistant police officer is a representative of state powers whose lawful orders have obligatory force.

(3¹) During participation in the activity of the police, including when an assistant police officer is applying measures or direct coercion, the assistant police officer is acting on behalf of the Police and Border Guard Board.

(4) An assistant police officer must follow the principles provided in the Code of Ethics for Officials.

§ 3. Competence of assistant police officer

(1) An assistant police officer is competent to assist the police in preventing, ascertaining and countering a threat endangering public order and in eliminating a breach of public order.

(2) On the assignment of the police an assistant police officer may independently exercise traffic supervision and supervision over the requirements for conduct in a public place and on the assignment of the police independently perform a duty for countering an immediate serious threat endangering public order.

(3) The competence of an assistant police officer may, if they so request, be limited to assisting the police in offence prevention on the bases provided in § 18 of the Law Enforcement Act.

§ 4. Requirements set for assistant police officer

(1) An Estonian citizen who has attained 18 years of age, has at least basic education, is proficient in Estonian at least at the language proficiency level B2, and meets the requirements for professional qualification of an assistant police officer may be appointed an assistant police officer.

(1¹) An assistant police officer who is independently performing on the assignment of the police the duties provided in subsection 2 of § 3 of this Act must have at least secondary education and be proficient in Estonian at least at the language proficiency level C1.

(2) A judge and a prosecutor may not be appointed an assistant police officer.

(3) The requirements for the professional qualification of an assistant police officer are established by a regulation of the minister in charge of the policy sector.

§ 5. Persons who are accepted as assistant police officer

The following are accepted as a candidate for assistant police officer and as an assistant police officer:

1) a person who has active legal capacity;

2) a person who has not been punished for an intentionally committed criminal offence in the first degree;

3) a person who has not been punished for an intentionally committed criminal offence;

4) a person who is not a suspect or accused in criminal proceedings;

5) a person who has not been deprived of the right to be employed as a police officer by a court judgment which has entered into force;

6) a person who is not addicted to alcohol, narcotic drugs or psychotropic substances, or who does not have a severe mental, personality or behaviour disorder;

7) a person who does not have such a health disorder which prevents them from performing the duties of an assistant police officer;

8) a person who, by their behaviour, is suitable for performing the duties of an assistant police officer and whose behaviour or way of life does not endanger the safety of themselves or that of another person.

§ 6. Medical examination of assistant police officer and of person wishing to become assistant police officer

(1) An assistant police officer must, at regular intervals, pass a medical examination and a person wishing to become an assistant police officer must, before applying for an assistant police officer, pass a prior medical examination during which it is determined that they do not have medical disorders specified in clauses 6 and 7 of section 5 of this Act or a physical disability which precludes carrying a firearm or an electric shock weapon in the performance of the duties of an assistant police officer.

(1¹) A person wishing to become an assistant police officer need not undergo a medical examination if they have a right to drive power-driven vehicles as well as a valid weapons permit or a valid medical certificate issued after having passed a medical examination considered equivalent to that provided in subsection 1 of this section.

(1²) A person wishing to become an assistant police officer who wishes to participate only in assisting the police in offence prevention on the grounds provided in § 18 of the Law Enforcement Act need not undergo a medical examination before applying for an assistant police officer.

(1³) An assistant police officer who only participates in assisting the police in offence prevention on the grounds provided in § 18 of the Law Enforcement Act need not undergo periodic medical examinations.

(1⁴) An assistant police officer need not undergo a periodic medical examination if they have a right to drive power-driven vehicles as well as a valid weapons permit or a valid medical certificate issued after having passed a medical examination considered equivalent to that provided in subsection 1 of this section.

(2) A medical examination is arranged and a medical certificate is issued by a family doctor or an occupational health doctor in a contractual relationship with the Police and Border Guard Board, involving medical specialists.

(3) A medical examination is performed at the expense of the assistant police officer and the person wishing to become an assistant police officer.

(4) The requirements and procedure for a medical examination of an assistant police officer and a person wishing to become an assistant police officer, a list of medical disorders which preclude becoming an assistant police officer and of physical disabilities which preclude carrying a firearm or an electric shock weapon in the performance of the duties of an assistant police officer, and the requirements for the content and form of the medical certificate are established by a regulation of the minister in charge of the policy sector.

§ 7. Applying for assistant police officer

(1) A person wishing to become an assistant police officer must present to the Police and Border Guard Board:

1) a written application;

2) a form concerning assistant police officer;

3) a copy of a document certifying education, unless such information is in the Estonian Education Information System;

4) a copy of a certificate in proof of proficiency in Estonian, unless education has been acquired in Estonian and unless such information is in the Examination Information System;

5) a medical certificate, except in the cases provided in subsections 1¹ and 1² of § 6 of this Act;

6) a character reference from their employer or educational institution, or a reference from a police officer or assistant police officer.

(1¹) The form concerning assistant police officer requires data which enables the assessment of the person’s suitability for participating in the activity of the police as an assistant police officer. In addition, the form must set out the given name and surname, personal identification code (in the absence of a personal identification code, date and place of birth), contact information and employment of the relatives and relatives by marriage (parents, sister, brother, children, spouse and registered partner) of the person applying for an assistant police officer and also of their partner with whom they have a relationship resembling marriage. Personal data are retained for ten years as of the time the person applies for an assistant police officer or their status of assistant police officer ends. After the expiry of the period of retention the data are deleted.

(2) The format of the form concerning assistant police officer are established by a regulation of the minister in charge of the policy sector.

(3) To verif y the data presented in the form and to determine the moral character and other personal characteristics of the person wishing to become an assistant police officer, the Director General of the Police and Border Guard Board or an official authorised thereby talks to the person specified in the form and, were necessary and with the consent of the person being questioned, takes their statement in writing. Where necessary, other relevant officials of the Police and Border Guard Board and the assistant police officer may be involved in the talk.

(3¹) By the written application the person confirms that they undertake to meet the requirements arising from the Assistant Police Officer Act and, if they so wish, they express their wish to participate in the activity of the police only in the extent provided in subsection 3 of § 3 of this Act.

(4) An application is reviewed within 30 days as of the receipt thereof. During this time it is verified whether the documents required in subsection 1 of this section have been submitted and whether the person wishing to become an assistant police officer meets the requirements set for an assistant police officer.

(4¹) Data identified in the course of a verification specified in subsection 4 of this section may serve as the basis for dismissal of application.

(4²) Data identified in the course of a verification specified in subsection 4 of this section and the reasons for refusal and the facts which serve as the basis for refusal are not disclosed insofar as may be inevitably necessary in order to ensure:

1) national security;

2) national defence;

3) public order;

4) countering, discovery or processing of an offence or enforcement of a sanction;

5) protection of a data subject or protection of the rights and freedoms of other persons.

(5) Satisfaction or non-satisfaction of an application is decided by the Director General of the Police and Border Guard Board or an official authorised thereby. The decision is delivered to the applicant in the manner specified in their application.

(6) In the case of satisfaction of an application, the person wishing to become an assistant police officer is accepted as a candidate for assistant police officer by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby.

§ 8. Training of assistant police officer and candidate for assistant police officer

(1) A candidate for assistant police officer must complete first stage training. Basic knowledge and skills necessary for the work of an assistant police officer are acquired in the course of first stage training. First stage training lasts for at least 40 hours and ends with an evaluation. An assistant police officer who has completed first stage training and passed the evaluation may participate in the activity of the police together with a police officer.

(2) The duty provided in subsection 2 of § 3 of this Act may be performed independently by an assistant police officer who has completed second stage training and passed an evaluation. A precondition for second stage training is successful completion of first stage training and participation in the activity of the police to the extent of at least 100 hours. Second stage training lasts for at least 40 hours and knowledge and skills necessary for independently performing a duty are acquired in the course of the training. Second stage training ends with an evaluation.

(2¹) The precondition of at least 100 hours of participation in the activity of the police before second stage training as provided in subsection 2 of this section may be waived during an emergency situation and a state of emergency on the order of the Director General of the Police and Border Guard Board.

(3) The requirement provided in subsections 1 and 2 of this section for the completion of first and second stage training does not extend to a person who has been employed as a police officer or a border guard official, to an official of a security authority and a person with the qualification of a security guard who has completed the basic training of a security guard.

(4) For ensuring qualification, an assistant police officer must complete refresher training and pass an evaluation at least once per calendar year.

(5) An assistant police officer who needs to carry a firearm in the performance of a duty of an assistant police officer must complete training in firearms in addition to primary training. Training in firearms lasts for at least 40 hours and ends with an evaluation. In the evaluation, an examination on knowledge of weapons and legislation governing the use of weapons and a practical test on handling a weapon must be passed.

(5¹) If a person applying for an assistant police officer is a person who has been employed as a police officer, a border guard official or an official of a security authority, they may, if they so wish, complete training in firearms or take the evaluation specified in subsection 5 of this section right away.

(5²) An assistant police officer who needs to carry an electric shock weapon in the performance of a duty of an assistant police officer must complete training in electric shock weapons in addition to primary training. Training in electric shock weapons lasts for at least 16 hours and ends with an evaluation. In the evaluation, an examination on knowledge of weapons and legislation governing the use of weapons and a practical test on handling a weapon must be passed.

(6) An assistant police officer who needs to carry a firearm in the performance of a duty of an assistant police officer must, in addition to the refresher training and evaluation specified in subsection 4 of this section, pass a shooting test at least once per calendar year.

(7) The training of a candidate for assistant police officer and of an assistant police officer is organised by the Police and Border Guard Board. The training may be carried out by a person holding a permit to that effect, by the Police and Border Guard Board or an institution of professional higher education for public defence.

(8) The requirements for training of a candidate for assistant police officer and of an assistant police officer and the procedure for passing of evaluations are established by a regulation of the minister in charge of the policy sector.

(9) Assistant police officers training programmes are approved by a decree of the Director General of the Police and Border Guard Board.

§ 9. Appointment as assistant police officer

A candidate for assistant police officer who meets the requirements set for an assistant police officer and who has completed primary training and passed an evaluation is appointed as an assistant police officer by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby.

§ 10. Awarding assistant police officer competence to independently perform duty

(1) Awarding an assistant police officer who has completed the training and passed the evaluation provided in subsection 2 of § 8 of this Act the competence to independently perform the duty specified in subsection 2 of § 3 of this Act is decided by a decree of the Director General of the Police and Border Guard Board or an official authorised thereby.

(2) Upon awarding an assistant police officer the competence to independently perform a duty, the territory where the assistant police officer is to independently perform the duty must be determined.

§ 11. Involvement of non-profit association in activity of the police

(1) On the proposal of the Director General of the Police and Border Guard Board the minister in charge of the policy sector may conclude with a non-profit association a civil law contract (hereinafter law enforcement contract) for organising the activity of an assistant police officer who is participating in the activity of the police and who is competent to independently perform a duty.

(2) A law enforcement contract concluded with a non-profit association together with Annexes thereto is published on the website of the Police and Border Guard Board.

§ 12. Grant, suspension and revocation of right of assistant police officer to carry firearm and electric shock weapon

(1) An assistant police officer is granted permission to carry an electric shock weapon, or a firearm specified in clause 3 of subsection 3 of § 32 of this Act in the performance of a duty of an assistant police officer by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby where:

1) the assistant police officer does not have a physical disability which precludes the right to carry a weapon of the corresponding type;

2) the assistant police officer has successfully completed the training provided by this Act for the corresponding type of weapon.

(2) The right of an assistant police officer to carry an electric shock weapon or a firearm in the performance of a duty of an assistant police officer is suspended by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby where:

1) during a medical examination it is discovered that the assistant police officer has a temporary physical disability which precludes the right to carry a weapon of the corresponding type;

2) the assistant police officer fails the shooting test specified in subsection 6 of § 8 of this Act; or

3) use of an electric shock weapon or a firearm by the assistant police officer has caused the death of a person or health damage to a person or proprietary damage or a violation of the requirements for handling a firearm.

(3) The right of an assistant police officer to carry an electric shock weapon or a firearm in the performance of a duty of an assistant police officer is suspended until the circumstance which served as the basis for the suspension has ceased to exist or until the lawful use or handling of the weapon of the corresponding type has been established.

(4) The right of an assistant police officer to carry an electric shock weapon or a firearm in the performance of the duties of an assistant police officer is revoked by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby where:

1) during a medical examination it is discovered that the assistant police officer has a physical disability which precludes the right to carry a weapon of the corresponding type, or

2) the unjustified use of an electric shock weapon or a firearm or a significant violation of the requirements for the handling thereof by the assistant police officer has been established.

§ 13. Work organisation of assistant police officer

(1) An assistant police officer is involved in the activity of the police in the territorial jurisdiction of that prefecture where they were appointed as an assistant police officer. With the consent of the assistant police officer they may also be involved in the activity of the police in another jurisdiction.

(2) For organising the activity of assistant police officers, the Director General of the Police and Border Guard Board or an official authorised thereby may form by a decree an assistant police officers unit and establish its work organisation.

§ 14. Independent performance of duty of assistant police officer

(1) An assistant police officer may commence the performance of the duty provided in subsection 2 of § 3 of this Act only on the basis of a written assignment issued by the head of a police authority or a police officer designated thereby.

(2) An assignment necessary for countering an immediate serious threat may be issued orally by a person specified in subsection 1 of this section or by the police control centre.

(3) The police must give to an assistant police officer information necessary for performing a duty, inform the assistant police officer of the procedure for performing the duty and of ways of communication, and caution against possible threats.

§ 15. Overview of activity of assistant police officers

Twice per calendar year the Director General of the Police and Border Guard Board submits to the minister in charge of the policy sector an overview of the activity of assistant police officers.

§ 16. State supervision and measures

(1) An assistant police officer may implement the measures provided in §§ 28 and 30, subsections 1-4 of § 32, §§ 34, 38, 41, 42 and 44, subsections 1 and 5 of § 45 and §§ 46–52 of the Law Enforcement Act if they have been involved in the application of the measure on the order of a police officer.

(2) An assistant police officer may implement the measures provided in §§ 28 and 30, subsections 1-4 of § 32, §§ 38 and 44, subsection 1 of § 45 and §§ 46–49 and 52 of the Law Enforcement Act if they, on the assignment of the police, independently exercise supervision over the requirements for conduct in a public place or perform a duty for countering an immediate serious threat endangering public order.

(3) If an assistant police officer participates in the activity of the police on the basis of subsection 3 of § 3 of this Act, they have no right to apply any measures or direct coercion.

§ 16¹. Specifications of state supervision

( 1) In applying the measure provided in § 38 of the Law Enforcement Act, an assistant police officer may only check the alcohol content in the breath exhaled by a person by means of an indicator device. An assistant police officer is required to immediately hand a person over to the police:

1) if the reading of the indicator device is positive; or

2) if the person refuses the checking of intoxication by alcohol by means of an indicator device.

(1¹) In applying the measure provided in § 41 of the Law Enforcement Act, an assistant police officer may establish the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in a person’s system by means of an indicator device. An assistant police officer is required to immediately hand a person over to the police:

1) if the reading of the indicator device is positive; or

2) if the person refuses the establishment of the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in the person’s system by means of an indicator device.

(1²) In applying the measure provided in § 44 of the Law Enforcement Act, an assistant police officer may prohibit a person from staying in a certain place, require them to leave that place, or to avoid coming to a certain distance from the place. If the assistant police officer is acting under subsection 2 of § 16 of this Act, they may apply a prohibition on stay for up to one hour.

(2) An assistant police officer may apply the measures provided in subsections 1 and 5 of § 45 of the Law Enforcement Act if they are wearing a safety jacket with the word “ ABIPOLITSEINIK ” (assistant police officer). If the assistant police officer is acting under subsection 1 of § 16 of this Act, they may force a vehicle to stop according to subsection 5 of § 45 of the Law Enforcement Act on the order of a police officer. A device for forced stopping of a vehicle or other special equipment allowed for assistant police officer may be used upon applying this measure.

(3) An assistant police officer may apply the measure provided in § 46 of the Law Enforcement Act if:

1) it is unavoidable for preventing the commission of an imminent criminal offence;

2) it is unavoidable for countering an immediate threat endangering a person’s life or physical inviolability;

3) the person has caused a disturbance in a public place and their identity has not been established or direct coercion has been applied for eliminating the disturbance and there is sufficient reason to presume that when the application of direct coercion is ceased, the person will continue to cause a disturbance.

(4) If a person detained by an assistant police officer under subsection 3 of this section is in a state due to which they are not able to notify a person close to them of their detention, the assistant police officer must immediately notify the police who will, if possible, immediately notify a person close to the person detained. If a person detained is a minor or another person with restricted active legal capacity, the assistant police officer must immediately notify the police who will notify the person’s legal representative of the detention at the first opportunity.

(5) An assistant police officer must immediately hand a person detained under subsection 3 of this section over to the police.

(6) An assistant police officer who, on the assignment of the police, independently exercises supervision over the requirements for conduct in a public place or performs a duty for countering an immediate serious threat endangering public order may, in applying the measure provided in § 47 of the Law Enforcement Act, check a person or their clothing only by way of observation or feeling or by means of a technical device if:

1) it is necessary for countering an immediate serious threat or

2) the person may be deprived of liberty pursuant to law.

(7) In applying the measure provided in § 48 of the Law Enforcement Act, an assistant police officer may examine a person, including the person’s body or clothes or an item inside the clothes or worn on the body if:

1) there is reason to believe that the person carries on them an item or a substance which may be taken into storage, occupied or confiscated pursuant to law; or

2) it is necessary for the ascertainment of a serious threat if the person is in a building important for the functioning of public authority or in the near vicinity thereof.

(8) The measure provided in § 48 of the Law Enforcement Act may be applied by an assistant police officer of the same sex as the person. If it is necessary for countering an immediate serious threat, the person may be examined by an assistant police officer not of the same sex as the person.

(9) An assistant police officer who, on the assignment of the police, independently exercises supervision over the requirements for conduct in a public place or performs a duty for countering an immediate serious threat endangering public order may, in applying the measure provided in § 49 of the Law Enforcement Act, check without the consent of the possessor a movable sensuously or by means of a technical device if it is carried by a person who may be subjected to a security check pursuant to law or who may be examined pursuant to law.

(10 ) In applying the measure provided in § 52 of the Law Enforcement Act, an assistant police officer may take into storage a movable detected in the course of a security check or an examination of a person by which a person may endanger themselves or another person or the possession of which is prohibited by law for the person. An assistant police officer must immediately hand an item taken into storage over to the police.

(11) The special measures in subsection 4 of § 32 and subsection 5 of § 45 of the Law Enforcement Act provided in subsections 1 and 2 of § 16 of this Act and the special measure in § 44 of the Law Enforcement Act provided in subsection 2 of § 16 of this Act may be applied by an assistant police officer only during an emergency situation or a state of emergency.

§ 17

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§ 28. Application of direct coercion

(1) An assistant police officer may use physical force, special equipment or a weapon on the grounds and according to the rules provided in the Law Enforcement Act, taking into account the specifications of this Act.

(2) An assistant police officer has the right to apply direct coercion on the order of a police officer if it is unavoidably necessary for achieving the objective of the application of a state supervision measure by the police officer.

§ 32. Weapons and special equipment allowed for assistant police officer

(1) Special equipment allowed for an assistant police officer is handcuffs, binding means, a technical barrier and a means to force a vehicle to stop issued by the Police and Border Guard Board.

(2) Weapons allowed for an assistant police officer are a gas weapon, a cut-and-thrust weapon, an electric shock weapon and a firearm issued by the Police and Border Guard Board.

(3) The following subtypes of gas weapon, cut-and-thrust weapon and firearm are allowed for an assistant police officer:

1) gas weapon – ga s spray;

2) cut-and-thrust weapon – truncheon, telescope truncheon;

3) firearm – pistol, revolver.

(4) Special equipment or a weapon specified in subsections 1–3 of this section is issued to an assistant police officer only for the duration of the performance of a duty imposed on them. As an exception, the Director General of the Police and Border Guard Board or an official authorised thereby may permit special equipment or a weapon issued to an assistant police officer to be stored in the assistant police officer’s place of residence on a permanent basis. Such permit is issued as a decree of the Director General of the Police and Border Guard Board or a written decision of an official authorised thereby.

(4¹) With the prior authorisation of the Director General of the Police and Border Guard Board or an official authorised thereby and after having passed special training in the subtype of the corresponding firearm, other subtypes of police firearms in addition to the subtypes of firearms provided in clause 3 of subsection 3 of this section are allowed for an assistant police officer if there is an extraordinary need to counter an immediate serious threat and the police officer being assisted has given a direct order to use the corresponding firearm.

(5) The procedure for issuing, storing and returning special equipment and weapons issued to an assistant police officer and for carrying a weapon is established by a regulation of the minister in charge of the policy sector.

§ 33¹. Use of handcuffs and binding means

(1) An assistant police officer may use handcuffs on a person if there is reason to believe that the person may:

1) attack another person, offer physical resistance to an official of a law enforcement agency or damage a proprietary benefit of great value;

2) escape or they may be released unlawfully if they have been deprived of liberty pursuant to law; or

3) injure or kill themselves.

(2) If the use of handcuffs is not possible, an assistant police officer may use a binding means on the basis specified in subsection 1 of this section if this does not jeopardise the person’s life, does not cause them bodily injury or constant physical pain. The use of a binding means may not last for more than one hour at a time.

§ 34. Use of gas spray, truncheon, telescope truncheon

An assistant police officer may use a gas spray, truncheon or telescope truncheon with regard to a person only to make them incapable of attacking, offering resistance or escaping if it is not possible to achieve this objective by another measure of direct coercion, except for a firearm, and if it is also necessary in order to:

1) counter an immediate threat to life or physical inviolability or

2) obstruct the commission of an imminent or already on-going violent criminal offence.

§ 35. Use of firearm and electric shock weapon

(1) Upon the performance of a duty of an assistant police officer, an assistant police officer may only use a firearm or an electric shock weapon for self-defence; whereas, without exceeding the limits of self-defence.

(2) An assistant police officer may only use a firearm or an electric shock weapon against an animal to make the animal incapable of attacking if it is not possible to achieve this objective by another coercive measure.

§ 36. Notifying of use of firearm and electric shock weapon

An assistant police officer is required to immediately notify the police control centre of the use of a firearm or an electric shock weapon upon the performance of a duty of an assistant police officer.

§ 37. Certificate, special signs and uniform of assistant police officer

(1) An assistant police officer is given a certificate and special signs of assistant police officer. The special signs of assistant police officer and the description of the certificate and special signs are established by a regulation of the minister in charge of the policy sector.

(2) Upon the performance of a duty of an assistant police officer, an assistant police officer must wear a police safety jacket with the word “ ABIPOLITSEINIK ” (assistant police officer). With the authorisation of the Director General of the Police and Border Guard Board or an official authorised thereby and under exceptional circumstances if it arises from the nature of the duty, a safety jacket need not be worn upon the performance of a duty of an assistant police officer. An assistant police officer must present to a person on the person’s demand their certificate of assistant police officer.

(3) An assistant police officer may wear a uniform of a police officer with the special signs of assistant police officer.

(4) An assistant police officer must wear a uniform of a police officer with the special signs of assistant police officer if they:

1) are carrying a firearm or an electric shock weapon upon the performance of a duty of an assistant police officer or

2) are independently performing the duty provided in subsection 2 of § 3 of this Act on the assignment of the police.

(4¹) With the authorisation of the Director General of the Police and Border Guard Board or an official authorised thereby and under exceptional circumstances if it arises from the nature of the duty, the uniform of a police officer provided in clause 1 of subsection 4 of this section need not be worn upon the performance of a duty of an assistant police officer.

(5) An assistant police officer is prohibited from wearing during the performance of a duty of an assistant police officer:

1) a uniform of an official, except for a uniform of a police officer;

2) a uniform of a security guard;

3) clothing with the distinguishing marks of the Defence Forces or the Defence League.

(6) Special signs and a uniform issued to an assistant police officer are returned upon release from the status of an assistant police officer.

(7) The procedure for giving and wearing special signs and a uniform issued to an assistant police officer is established by the Director General of the Police and Border Guard Board.

§ 37¹. Compensation for additional unpaid holiday for assistant police officer and candidate for assistant police officer

(1) Both an assistant police officer and a candidate for assistant police officer have the right to additional unpaid holiday of up to 15 days per calendar year from their employer for the duration of participation in training. In the cases specified in subsection 1 of § 77 of the Police and Border Guard Act, an assistant police officer has the right to additional unpaid holiday of up to 30 days from their employer for the performance of the duties of an assistant police officer. For being granted additional holiday an assistant police officer or a candidate for assistant police officer must submit to their employer an application of the Director General of the Police and Border Guard Board or a person authorised thereby.

(2) The application for additional holiday specified in subsection 1 of this section must be submitted to the employer within a reasonable period of time before starting training or performance of duties.

(3) The Police and Border Guard Board may pay to an assistant police officer and a candidate for assistant police officer, at their written request, compensation for additional holiday granted on the basis of subsection 1 of this section. The compensation is calculated on the basis of the assistant police officer’s six months’ average wage or remuneration paid to them by their employer. The maximum limit of compensation is the last average gross monthly wage published by Statistics Estonia.

(4) The compensation provided in subsection 3 of this section is not paid if the employer maintains the employee’s or official’s current remuneration or wage.

(5) The procedure for applying for and payment of additional holiday and compensation paid for it to an assistant police officer and a candidate for assistant police officer on the basis of subsection 1 of this section is established by a regulation of the minister in charge of the policy sector.

§ 38. Compensation in case assistant police officer is killed, dies or their work ability decreases

(1) If an assistant police officer is killed or dies as a result of an accident related to performance of a duty of an assistant police officer or an attack against them or prevention of an offence or countering of a threat by them, their child, parent, widow, widower, registered partner if a registered partnership contract concluded with them has terminated due to death, or partner in a relationship resembling marriage and, for the purposes of the Family Law Act, another person who was maintained by them are paid a lump-sum compensation.

(2) If due to an injury sustained or an illness developed as a result of an accident related to performance of a duty of an assistant police officer or an attack against them or combating of an offence or countering of a threat by them an assistant police officer is established to have partial or no work ability or temporary loss of work ability which did not result in partial or no work ability, the assistant police officer is paid a benefit.

(3) In the cases specified in subsections 1 and 2 of this section the benefit is paid on the same grounds and according to the same rules as prescribed for payment of a benefit in the cases provided in §§ 49 and 49¹ of the Civil Service Act, considering the specifications provided in this section.

(4) The benefit specified in subsections 1 and 2 of this section is calculated on the basis of the assistant police officer’s average wage or remuneration that was or is paid to them by their employer. The maximum limit of benefit is three times the amount of the last average gross monthly wage published by Statistics Estonia.

(5) If the wage or remuneration of the assistant police officer provided in subsection 4 of this section is lower than the lowest rate of the lowest basic wage range of a police officer, the benefits specified in subsections 1 and 2 are paid on the basis of the lowest rate of the lowest basic wage range of a police officer.

(6) If an assistant police officer performing the duties of an assistant police officer did not work during the period before being killed or injured, the benefit specified in subsections 1 and 2 of this section is calculated on the basis of the minimum wage applicable at the time the assistant police officer was killed or injured.

(7) The expenses specified in this section are covered from the state budget through the budget of the Ministry of the Interior.

§ 39. Compensation for proprietary damage

(1) Direct proprietary damage caused to an assistant police officer or their family members due to the performance of a duty of an assistant police officer is compensated for by the state. The damages are claimed from the person at fault by way of recourse.

(2) The terms and conditions of and the procedure for compensating for proprietary damage are established by a regulation of the Government of the Republic.

(3) The provisions of this section are not applied if an assistant police officer upon suffering direct proprietary damage specified in subsection 1 of this section in the performance of a duty of an assistant police officer:

1) has committed an offence which is in a cause-and-effect relationship with suffering the direct proprietary damage;

2) has committed suicide or attempted suicide;

3) has caused bodily harm to themselves which is not in a cause-and-effect relationship with the medical condition and did not result from unlawful behaviour of other persons;

4) is intoxicated by alcohol, a narcotic drug or a psychotropic substance.

§ 40. Compensation for expenses

(1) An assistant police officer’s transport and communication expenses and other expenses prescribed by the Police and Border Guard Board and necessary for them to perform a duty are compensated by the Police and Border Guard Board.

(1¹) The Police and Border Guard Board has the right to second an assistant police officer abroad and pay the assistant police officer compensation for travel and accommodation expenses and daily allowance in connection with the secondment.

(2) The Police and Border Guard Board has the right to compensate for the expenses of an assistant police officer’s medical examination.

(3) The maximum limit of and the procedure for compensation for expenses specified in subsection 1 of this section are established by a decree of the Director General of the Police and Border Guard Board.

(4) In agreement with the Police and Border Guard Board the expenses specified in subsection 1 of this section may be compensated by the local government.

§ 41. Incitement of assistant police officer

For outstanding services an assistant police officer may be incited pursuant to the procedure provided in Subchapter 8 of Chapter 5 of the Police and Border Guard Act.

§ 42. Release from status of assistant police officer

(1) An assistant police officer is released from the status of an assistant police officer by a decision of the Director General of the Police and Border Guard Board or of an official authorised thereby:

1) on the initiative of the assistant police officer;

2) in case the assistant police officer does not meet the requirements provided in §§ 4 and 5 and in subsection 4 of § 8 of this Act or

3) in connection with behaviour inappropriate for an assistant police officer, including if the assistant police officer violates the requirements for conduct in a public place or behaves otherwise unlawfully;

4) in the event of the assistant police officer ’s death.

(2) An assistant police officer is released from the status of an assistant police officer where a circumstance for release from the status of an assistant police officer is established in the course of proceedings. Said proceedings are subject to the provisions of the Administrative Procedure Act.

§ 42². Involvement of police officer with crisis role in activities of the police

(1) The Government of the Republic decides by an order the involvement of an assistant police officer with a crisis role in the resolution of a crisis for up to 30 days in the cases provided in subsections 1 and 2 of § 42⁵ of this Act.

(2) A proposal to involve an assistant police officer with a crisis role in the performance of the duty specified in subsection 1 of this section is made to the Government of the Republic by the minister in charge of the policy sector.

(3) Upon the expiry of the term specified in subsection 1 of this section the Government of the Republic will review the decision. Where the involvement of the assistant police officer with a crisis role in the resolution of the crisis is still necessary, the Government of the Republic will review the decision after every 30 days and will extend the involvement of the assistant police officer with a crisis role by up to 30 days.

(4) An order issued under subsection 1 of this section must set out:

1) the duty in the performance of which an assistant police officer with a crisis role is involved;

2) the number or maximum number of persons participating in the performance of the duty;

3) the term of involvement;

4) the territory where the duty is to be performed;

5) where necessary, other information.

§ 42⁴. Training of assistant police officer with crisis role

(1) In addition to the training provided in subsections 1 and 5 of § 8 of this Act, a person wishing to become an assistant police officer with a crisis role must complete professional training in the course of which knowledge and skills necessary for the performance of the duty provided in subsection 2 of § 42¹ are acquired.

(2) In completing the training specified in subsection 1 of this section the person’s earlier learning and work experience is taken into account. In taking the person’s earlier learning and work experience into account the Police and Border Guard Board may consider the person’s training completed in part or in full.

(3) The requirements and procedure for the professional training of an assistant police officer with a crisis role are established by a regulation of the minister in charge of the policy sector.

§ 42⁵. Specification of employment or service relationship with assistant police officer with crisis role

(1) An assistant police officer with a crisis role has the right to refuse performance of work for an employer with whom they have concluded an employment contract when they are involved in the resolution of a crisis.

(2) The right of an assistant police officer with a crisis role appointed to a civil service post to exercise public authority is suspended when they are involved in the resolution of a crisis.

(3) In the cases specified in subsections 1 and 2 of this section an employee must submit to their employer an application concerning refusal to work and an official must submit an application concerning suspension of right to exercise public authority.

(4) An assistant police officer with a crisis role who participates in the resolution of a crisis may be paid compensation. The compensation is calculated on the basis of the last average gross monthly wage published by Statistics Estonia.

(5) Where an employer suffers damage, above all loss of profit, due to the implementation of subsection 1 of this section, they may claim compensation for damage from the state.

(6) The extent of the compensation provided in subsection 4 of this section and the procedure for applying for and payment of the compensation are established by a regulation of the minister in charge of the policy sector.

§ 43. Illegal use of certificate and special sign of assistant police officer

(1) Illegal use of certificate or special sign of assistant police officer –

is punishable by a fine of up to three hundred fine units or detention.

(2) A court or a body conducting extra-judicial proceedings may apply confiscation of the object which was the direct object of the commission of an offence provided in this section pursuant to § 83 of the Penal Code.

§ 44. Proceedings

(2) The body conducting extra-judicial proceedings pertaining to the misdemeanour provided in § 43 of this Act is the Police and Border Guard Board.

§ 45. Transitional provisions

(1) Persons who have been counted as an assistant police officer before the entry into force of this Act and who wish to continue participation in the activity of the police as an assistant police officer but who do not meet the requirements provided in § 4 of this Act are obligated to bring their:

1) level of language proficiency into conformity with the requirements of this Act by no later than 1 July 2012;

2) level of education into conformity with the requirements of this Act by no later than 1 July 2014.

(2) Persons who have been counted as an assistant police officer before the entry into force of this Act and who wish to continue participation in the activity of the police as an assistant police officer are obligated to pass a due medical examination and fulfil the requirements for professional qualification by no later than 1 January 2012.

(3) The requirement for training in firearms does not extend to persons who have been counted as an assistant police officer before the entry into force of this Act and who have been granted, before the entry into force of this Act, by a police authority the right to carry a firearm of the police and who wish to continue participation in the activity of the police as an assistant police officer and who need to carry a firearm in the performance of a duty of an assistant police officer if the person passes an examination on know ledge of legislation governing the use of firearms and a practical test on handling a weapon by no later than 1 July 2011.

§ 45¹. Person with permanent incapacity for work

An assistant police officer who has been established to be partially incapacitated for work on the basis of the State Pension Insurance Act is deemed to have fulfilled the requirement of partial work ability provided in § 38 of this Act. An assistant police officer who has been established to be totally incapacitated for work on the basis of the State Pension Insurance Act is deemed to have fulfilled the requirement of no work ability provided in § 38 of this Act.

§ 46

–

§ 49

[Omitted from this text.]

§ 50. Entry into force of Act

This Act enters into force on 1 January 2011.