Characteristics of the Object of Crimes against Public Security with the Subject Being the Weapons, Explosive Substances and Explosive Devices

Abstract

The article is devoted to the analysis of the object of crimes against public safety, the subject of which are weapons, ammunition, explosives and explosive devices (Art. 262, 263, 2631, 264 CC of Ukraine). The generic object crimes of this group, recognized as public relations aimed at ensuring safety in the handling of individual sources of increased danger (weapons, ammunition, explosives, explosive devices), is characterized. It was concluded that the generic and specific objects of these crimes coincide. The concept of public safety as a generic crime object is also discussed. It is suggested to consider the following as the most comprehensive understanding of security: safety from the impact of sources of increased danger, namely criminal organizations, terrorist groups and other criminal unifications, weapons and objects of increased danger to the surroundings, fire. The basic analysis of the main direct object in crimes against public safety, with the subjects being weapons, ammunition, explosives and explosive substances and devices is carried out. It was determined that the major direct object of crimes in this group is security of an unspecified circle of persons from: a) unauthorized access to these items (Art. 262 CC of Ukraine), b) unauthorized circulation of these objects (Art. 263–2631 CC of Ukraine) and compliance with rules established for the possession of weapons or ammunition (Art. 264 CC of Ukraine). It is stated that a supplementary necessary or supplementary optional object of crimes of the analyzed group are life, health, property relations, environment, manufacturing safety, the normal functioning of law enforcement organs, the management in the sphere of weapons, ammunition and explosives.