Method Commission of Illegal Manufacture, Processing or Repair of Firearms or Fraud Unlawful Removal or Changes its Labeling or Illicit Manufacture of Ammunition, Explosives or Explosive Devices

Abstract

The purpose of the scientific article is to find out ways to commit the illegal manufacture, processing or repair of firearms or falsification, illegal removal or alteration of their markings, or illegal manufacture of ammunition, explosives or explosive devices. The methodological basis of scientific research is a set of methods and techniques of scientific knowledge necessary to achieve a specific goal, the specifics of the object and subject of research. The use of methods ensured the validity and reliability of the research results. The leading method of research is dialectical, with the help of laws and categories which determine the methods of illegal manufacture, processing or repair of firearms or falsification, illegal removal or alteration of its markings, or illegal manufacture of ammunition, explosives or explosive devices. Special research methods were also used, namely: method of system analysis, system-structural, formal-logical, sociological and statistical. The scientific novelty of the publication is as follows: it is established that the main ways of committing the crime under investigation are active actions against firearms, ammunition, explosives or explosive devices: manufacture (for all weapons specified in Article 263-1 of the Criminal Code); reworking, removal of markings, change of markings (only for firearms); most ways of committing crimes are fully structured (have stages of preparation, commission and concealment); actions covered by the features of the crime are often a separate link in the chain of detailed criminal activities related to the illicit trafficking of weapons, ammunition, explosives or explosive devices; the expediency of the definition in Art. 263-1 of the Criminal Code of Ukraine of criminal liability for illegal processing of ammunition. Conclusions. Most ways of committing crimes under Art. 263-1 of the Criminal Code of Ukraine, are fully structured, i.e. have stages: a) preparation: the choice of premises; preparation of necessary materials, devices, tools; use of publicly available information in open sources on manufacturing, making constructive changes in weapons; purchase of tools, metalworking devices; visits to facilities related to their production, storage and use; purposeful survey of military conflict zones; b) committing and c) concealment: non-appearance on call; giving false testimony; refusal to testify; putting forward a false alibi; destruction of traces and tools of crime; influencing witnesses. In addition to the established, typical ways of committing crimes under Art. 263-1 of the Criminal Code of Ukraine, identified trends to improve, modernize methods of illegal manufacture, processing or repair of weapons: high-tech processing, manufacturing using modern technical means; use of reference information, purchase of separate constructive mechanisms, details to armaments through the Internet sites; application of masking agents. Actions covered by the signs of a crime under Art. 263-1 of the Criminal Code of Ukraine, is often a separate link in the chain of detailed planned criminal activities related to the illicit trafficking of weapons, ammunition, explosives or explosive devices.

Keywords: firearms; ammunition; explosive device; manufacturing; processing.