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.

Untitled

“…Remarkably there are certain differences in the understanding of the criteria for the effectiveness of the investigation in the practice of the ECHR, articulated by the researchers. K. Buhaichuk et al (2017) singled out the criteria for the effectiveness of the investigation separately for Articles 2 and 3 of the Convention: the investigation of material violations of Article 2 must be independent, effective and evidence must be ensured, while the investigation of violations of Article 3 must be thorough, independent, and impartial, evidence must be gathered promptly. S. Chernobayev (2020) singled out the following criteria for the effectiveness of the investigation: promptness and reasonable expedition; publicity (initiative of the pre-trial investigation body); legality; comprehensiveness and completeness of the application of measures aimed at the crime detection; independence and impartiality; transparency of pre-trial investigation.…”

SWOT analysis to assess the threat of illegal arms trafficking on the Ukrainian border with the European Union countries in the context of the war

“…The author has identified the sources of the main threats to the national security of Ukraine, as well as vulnerabilities, advantages and opportunities for the development of the state and society in the new conditions (Reznikova et al, 2020). Braga et al (2002) investigated the problem of illegal supply of firearms in America from the juridical point of view, as well as Buhaichuk (2021) studied the current state of legal regulation of civilian firearms circulation in Ukraine. Shevchuk and Kotiuk (2020) explored the methods of smuggling of firearms and ammunition in the structure of criminalistic characteristics.…”