ВИКОНАННЯ УКРАЇНОЮ МІЖНАРОДНО- ПРАВОВИХ ЗОБОВ’ЯЗАНЬ У СФЕРІ КРИМІНАЛІЗАЦІЇ НЕЗАКОННОГО ПОВОДЖЕННЯ З ВОГНЕПАЛЬНОЮ ЗБРОЄЮ В КОНТЕКСТІ РЕФОРМУВАННЯ КРИМІНАЛЬНОГО ЗАКОНОДАВСТВА

Abstract

The article analyzes the compliance of the current criminal legislation of Ukraine with the provisions of international regulations in the field of illicit handling of firearms, in particular the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Components and Ammunition, as amended by the UN Convention against transnational organized crime. Based on the analysis, it is concluded that the current criminal legislation of Ukraine does not fully comply with the provisions of these acts and needs to be amended. In particular, it is pointed out that criminal acts involving illegal handling of smooth-bore hunting weapons, criminalization of illegal handling of the main parts of firearms, etc. are referred to as criminal offenses. It is noted that in terms of its properties and level of public danger, smooth-bore hunting weapons are not inferior to rifles, and the lack of criminal liability for illegal handling of such weapons is a tribute to the times when it was in free circulation.Attention is drawn to the fact that international law requires the criminalization of illicit trafficking in firearms components, but national law provides for criminal liability only for the smuggling of firearms. It is expedient to criminalize the circulation of only the main parts of firearms, as they are necessary for its operation, handling of non-essential parts that are designed to improve the appearance of firearms, their ergonomics, comfort, adaptation to anatomical features of the owner, adaptation to certain tasks. does not pose a significant public danger, and therefore does not require criminalization. It is believed that the objective aspect of the criminal offense under Article 263-1 of the Criminal Code of Ukraine does not cover the destruction of firearms markings, as required by international law, although such an act is socially dangerous because it does not allow the identification of weapons. It is concluded that in order to bring the national legislation in line with the said protocol, it is necessary to: criminalize the illegal handling of smooth-bore hunting weapons, the main parts of firearms; to envisage as a separate act in Article 263-1 of the Criminal Code of Ukraine the destruction of the marking of firearms.