Some Issues of Normative and Legal Regulation of Weapons in Ukraine

Abstract

The author of the article studies the current state of legal regulation of civilian firearms turnover in Ukraine. The content of the bills that had been submitted to the Verkhovna Rada of Ukraine at the end of 2020 was analyzed: «On the circulation of civil firearms and ammunition for them» (No. 4335), «On civilian weapons and ammunition» (No. 4335-1), «On the introduction amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to implement the provisions of the Law of Ukraine "On the circulation of civil firearms and ammunition for them"» (No. 4336), «On Amending the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to implement the provisions Of the Law of Ukraine "On civilian weapons and ammunition"» (No. 4336-1). The author has formulated his own scientific position in regard to granting citizens the right to carry and use short-barreled firearms.

The publication defines the directions for improving the draft laws under consideration in terms of: definitions of the terms of «sporting weapon», «thermal imaging sight», «signal weapon», «night vision sight», «training-split weapon - neutralized weapon», «right to carrying weapon», «right to own weapon»; introduction of the terms of «law enforcement agency», «intelligence agency», «law enforcement agency of special purpose», «state agency of special purpose with law enforcement functions» into the conceptual apparatus of the law, since some authors use them to define the regime of special circulation of civil firearms; establishment of restrictions on the number of civilian firearms and ammunition for them, which can be acquired by an individual; creating legislative prerequisites for the approval of a by-law, which will clearly provide the procedure for transferring seized weapons to the National Police for further storage; securing the obligation of security personnel to provide emergency medical care to persons to whom they use weapons; introduction of norms that will establish the obligation of applicants for the acquisition, possession and use of weapons to take the appropriate courses within first aid; preservation of the wording of the Articles 190-195 of the Code of Ukraine on Administrative Offenses until the relevant law on the legal regime of sidearm is adopted.