Current issues of normative regulation of combating illegal arms trafficking in Ukraine
Abstract
The publication outlines the current state of the criminogenic situation in the field of illicit trafficking in firearms, ammunition and explosives. The content of legislative initiatives to expand the scope of criminal law prohibition by establishing liability for theft, misappropriation, extortion, carrying, storage, acquisition, transfer or sale of firearms components, as well as to increase liability for illegal acquisition, transfer or sale of firearms, ammunition, explosives or explosive devices in martial law or a state of emergency is analysed. Proposals have been developed to improve regulations on the circulation of firearms, ammunition and explosives.
In particular, it is stated that the current criminal legislation and normative legal acts of the Ministry of Internal Affairs of Ukraine need significant improvement in terms of: 1) defining the concept of “component part of a firearm” or “constructive part of a firearm” and establishing responsibility for their illegal circulation; 2) bringing to a unified interpretation and understanding of the terms “explosive devices”, “explosive substances”, “explosive materials”, delineating the normative grounds for their application and demarcation; 3) development of a unified approach to subject classification and understanding of the legal regime of hand grenades, mines, ammunition for grenade launchers; 4) establishment of the legal regime of trophy weapons, which is relevant in the conditions of martial law and the conduct of hostilities on the territory of our state; 5) determination of the following qualifying signs of committing criminal offenses in the field of illegal arms trafficking: committing a crime under the conditions of the legal regime of martial law, committing a crime by an organized criminal group, etc.
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References
Dzafarova, O. V., & Dunaieva, T. Ye. (2023). Prevention of illegal traffic of firearms in the conditions of full-scale aggression by Russia against Ukraine. Scientific Perspectives, 11(41), 848–857. https://doi.org/10.52058/2708-7530-2023-11(41)-848-857.
Kikinchuk, V. V., Romaniuk, V. V., Knyzhenko, S. O. et al. (2022). Documenting and investigating the facts of illegal handling of weapons, ammunition or explosives, as well as criminal offenses in the field of illegal trafficking of narcotic drugs, psychotropic substances, their analogues or precursors, committed with the use of the latest technologies. Kharkiv National University of Internal Affairs.
Mуroniuk, S. (2022). Peculiarities of the implementation of the authorization and control function of the National Police in the sphere of firearms circulation in the conditions of martial law. Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, 4(119), 21–27. https://doi.org/10.31733/2078-3566-2022-4-28-34.
Mitrukhov, P. M. (2023, December 1). Analysis of official statistics of illegal circulation of weapons, military supplies or explosives during the martial law in Ukraine [Conference presentation abstract]. XII International Scientific and Practical Conference “Modern problems of the legal, economic and social development of the state”, Vinnytsia, Ukraine.
Sokurenko, V. V. (2021, November 19). The current state of prevention of crimes related to the illegal handling of weapons, ammunition or explosives [Conference presentation abstract]. X International Scientific and Practical Conference, dedicate to the 27th anniversary of the establishment of Kharkiv National University of Internal Affairs “Modern problems of the legal, economic and social development of the state”, Kharkiv, Ukraine.
Shevelev, K. Ye. (2023, April 12). Problems of combating the illegal circulation of weapons and ammunition among military personnel in wartime conditions [Conference presentation abstract]. Scientific and Practical Conference “Crime and combating it in wartime conditions: global, regional and national dimensions”, Vinnytsia, Ukraine.
Melnyk, S. V., & Gretskikh, O. V. (2022). The law on weapons in Ukraine: a military necessity or a requirement of the time? Analytical and Comparative Jurisprudence, 3, 250–253. https://doi.org/10.24144/2788-6018.2022.03.45.
Lutsenko, Yu. V. (2023). Problems of legislative regulation weapons circulation in Ukraine. Scientific notes of Taurida National V. I. Vernadsky University. Series: Juridical Sciences, 34(4), 108–113. https://doi.org/10.32782/TNU-2707-0581/2023.4/16.
Chepizhko, A. A. (2022). Current issues of the procedure for issuing weapons during the state of war against the military aggression of the russian federation. Subcarpathian Law Herald, 1(42), 97–101. https://doi.org/10.32837/pyuv.v0i1(42).1001.
Zhbanchyk, A. V., Komisarov, O. H., Tymofieiev, V. P. et al. (2017). Fire training. Dnipropetrovsk State University of Internal Affairs.
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