Publication date: 09.07.2024
Liability for illegal possession of weapons
Introduction
The possession of weapons is a significant issue for any state, as it directly affects public safety. In Ukraine, the issue of legal and illegal possession of weapons is regulated by a number of legal acts that establish the procedure for obtaining a weapons permit and liability for its violation. In this article, we will take a closer look at the legal regulation of liability for illegal possession of weapons, the legislative framework, types of liability, and law enforcement practice in Ukraine.
The legal framework
In Ukraine, the issue of illegal possession of weapons is regulated by the following key legal acts:
- TheConstitution of Ukraine - sets out the basic rights and obligations of citizens, including the right to defence.
- TheCriminal Code of Ukraine - contains provisions that provide for criminal liability for illegal possession of weapons.
- TheCode of Administrative Offences of Ukraine - defines administrative liability for violation of the rules of arms circulation.
- TheLaw of Ukraine "On Weapons" - regulates the procedure for the circulation of weapons in Ukraine, including the conditions for obtaining a weapons permit.
- TheOrder of the Ministry of Internal Affairs of Ukraine "On Approval of the Instruction on Organisation of Control over the Circulation of Weapons, Ammunition and Special Means " regulates the details of control over the circulation of weapons.
Types of liability for illegal possession of weapons
Criminal liability
Criminal liability for illegal possession of weapons is provided for in the Criminal Code of Ukraine (CCU). The main articles regulating this issue include:
- Article 263 of the CCU: Illegal handling of weapons, ammunition or explosives. It provides for liability for carrying, storing, purchasing, manufacturing, repairing or selling weapons without a permit. Sanctions under this article include:
- Imprisonment for a term of 3 to 7 years.
- Imprisonment for a term of 3 to 7 years.
- Article 263-1 of the CCU: Violation of the rules of arms circulation at the facilities of the permit system. Provides for liability for violation of the rules of storage, carrying, transportation or use of weapons at the facilities of the permit system. Sanctions may include:
- Imprisonment for up to 5 years.
- Imprisonment for up to 5 years.
- Article 264 of the CCU: Illegal manufacture, repair or sale of firearms, ammunition, explosives or explosive devices. Sanctions include:
- Imprisonment for a term of 5 to 10 years.
- Imprisonment for a term of 5 to 10 years.
Administrative liability
Administrative liability for violations of the rules on arms trafficking is provided for in the Code of Administrative Offences (CAO). The main articles include:
- Article 190 of the CAO: Violation of the procedure for the acquisition, storage, transfer or use of weapons. Sanctions may include:
- A fine of UAH 170 to 510 with or without confiscation of the weapon.
- A fine of UAH 170 to 510 with or without confiscation of the weapon.
- Article 191 of the Code of Administrative Offences: Failure to comply with the requirements for the storage of weapons and ammunition. Sanctions may include:
- A fine of UAH 119 to 255 with or without confiscation of weapons.
- A fine of UAH 119 to 255 with or without confiscation of weapons.
- Article 192 of the Code of Administrative Offences: Violation of the rules for carrying weapons. Sanctions may include:
- A fine of UAH 255 to 510 with or without confiscation of the weapon.
- A fine of UAH 255 to 510 with or without confiscation of the weapon.
Procedure for bringing to justice
Detection of the offence
Law enforcement agencies supervise compliance with firearms legislation. Offences may be detected during:
- Scheduledinspections: The police conduct routine inspections of weapons storage conditions and compliance with the law.
- Unscheduled inspections: These may be initiated when information is received about a possible violation.
- Operational and investigative measures: Detection of offences during operational activities such as searches, detentions, etc.
Investigation.
In the event of an illegal firearms offence, law enforcement agencies initiate an investigation, which includes
- Inspection of thescene: Inspection of the place where the weapon was found to collect evidence.
- Interrogation ofwitnesses and suspects: Interviews with individuals involved in the offence.
- Expertise: Conducting ballistic, fingerprint and other examinations to establish the fact of the offence.
Bringing to justice
Upon completion of the investigation, the case file is submitted to a court or administrative body for a decision on prosecution. The procedure includes:
- Filing anindictment: In the case of a criminal offence, an indictment is filed with the court.
- Consideration of thecase: The court or administrative body reviews the case file, hears the parties and issues a decision.
- Sentencing: In the case of a conviction, the court imposes a sentence or administrative penalty.
Prevention of illegal possession of weapons
Educational measures
- Informing citizens: Conducting information campaigns on the rules of arms circulation and liability for their violation.
- Training programmes: Include special courses on firearms safety for firearms owners in educational programmes.
Control and supervision
- Regular inspections: Conducting regular inspections of weapons storage conditions and compliance with legal requirements.
- Cooperation with the public: Involve civil society organisations and activists in controlling arms trafficking.
Strengthening legislation
- Improvement of legislative norms: Amend legislation to strengthen control over arms trafficking and increase liability for violations.
- Toughersanctions: Introduce stricter sanctions for violations of arms trafficking regulations.
Law enforcement practice
Analysis of court practice
- Court decisions: Analysis of court decisions in cases of illegal possession of weapons to identify trends and problems in law enforcement practice.
- Precedents: Identification of precedents that can be used to improve legislation and law enforcement practice.
Statistical data
- Offencestatistics: Analysing statistical data on the number of detected and prosecuted cases of illegal possession of weapons.
- Effectiveness of measures: Evaluation of the effectiveness of measures aimed at preventing and controlling arms trafficking.
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