Open AccessCriminal law policy of Ukraine in the field of illicit arms trafficking in a special period
Author(s) -
Serhiy Rybyanets,
Oksana Sobol
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2020-3-137-144
Subject(s) - possession (linguistics) , ammunition , law , political science , legislature , criminal code , interpretation (philosophy) , criminal law , judicial interpretation , history , philosophy , linguistics , archaeology , computer science , programming language
The article is devoted to the analysis of the features of criminal law policy in the field of combating crimes involving weapons, ammunition, explosives and explosive devices, at the current stage of aggravation of the criminal situation and the Joint Forces Operation in eastern Ukraine. The lack of clear legal regulation of firearms possession in Ukraine leads to the fact that the line between legal and illegal possession is sometimes blurred. Many weapons in Ukraine, which were previously considered legal, have now been classified as "illegal" for a number of reasons. The analysis of the bills proposed for the regulation of the order of arms circulation in Ukraine is carried out. It is stated that in judicial practice in the application of Art. 262, 263, 263-1, 264 of the Criminal Code, as well as other crimes committed with the use of weapons, there are significant errors due to am-biguity in the interpretation of crime, doctrinal interpretation of these rules and their legislative imperfec-tions, gaps in criminal law policy and lack of uniform application practice. The above circumstances de-termine the relevance of the study of the legal regime of arms trafficking in Ukraine and criminal policy in the field of combating crimes involving weapons, ammunition, explosives and explosive devices. It is emphasized that a significant amount of weapons is in illegal circulation in Ukraine. This sit-uation is complicated by a number of factors, including the significant amount of weapons left in the country after the collapse of the Soviet Union, the war in eastern Ukraine in 2014 (and, consequently, the looting of state reserves), and the influx of weapons across uncontrolled border areas. The main problems are related to the shortcomings of the legal system governing the possession and use of small arms, as well as the lack of a central register of firearms, which makes it extremely difficult to fight illicit arms trafficking.