FEATURES OF THE OBJECTIVE SIDE OF ILLEGAL HANDLING OF WEAPONS, MUNITIONS OR EXPLOSIVES
Abstract
Abstract. The article examines the current problems of the objective side of the criminal offense provided for in Art. 263 of the Criminal Code of Ukraine, illegal handling of weapons, ammunition or explosives. Based on the analysis of current legislation, scientific positions and judicial practice, the content of the forms of action covered by the objective side of the composition of the criminal offense is determined: illegal carrying, storage, acquisition, transfer, sale, manufacture and repair. The emphasis is on the issue of determining the legal nature of actions covered by the concept of illegal handling of weapons. It is found that the lack of a conceptual apparatus and the lack of a special law on the circulation of weapons complicate law enforcement and qualification of actions. Attention is focused on the issue of distinguishing the concepts of carrying and storage, as well as determining the boundaries of the concept of "without a permit provided for by law". The analysis of court decisions shows that courts have different approaches to determining actual control over the objects of an offense, in particular in cases of storing weapons in a home or moving them in vehicles. The impact of martial law on the legal assessment of acts is considered, since in a number of cases the courts recognize the actions of a person as not criminally unlawful. The conclusion is formulated that the objective side should be assessed not only formally, but also taking into account the specific circumstances of the case, in particular the presence of actual control over the object. The need for legislative specification of the features of the objective side of an offense is argued in order to achieve unity of law enforcement and prevent erroneous qualification of acts by adopting a special law on weapons, which unifies approaches to the qualification of such offenses and will contribute to legal certainty and unity of judicial practice.
Keywords: illegal handling of weapons; objective side; criminal offense; ammunition; explosives; criminal liability; jurisprudence.
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References
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