УДОСКОНАЛЕННЯ НОРМАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ ОБІГУ ЗБРОЇ В КОНТЕКСТІ ЗАБЕЗПЕЧЕННЯ КОНСТИТУЦІЙНИХ ПРАВ І СВОБОД ГРОМАДЯНИНА УКРАЇНИ

Abstract

This article addresses problematic issues of circulation, classification, and expert study of weapons. Approaches to lawmaking are offered to regulate the circulation of weapons in the country taking into account an essential understanding of such a heritage of human civilization as a weapon. Criteria that might become a matrix in creating and improving weapons circulation legislation are considering and analysis of available legal and regulatory framework in the area of administrative and criminal laws ensuring this activity in Ukraine is conducted. Ukrainian Criminal Code statutes are analyzed in details which on one hand protect citizens from illegal attempts using weapons and on the other hand make it impossible for law-abiding citizens to realize provisions of the Ukrainian Constitution regarding the defense of their own life and health, life and health of others from illegal attempts which could happen if such norms will be violated. Ukrainian national legislation problematic aspects in the area of the circulation of objects with firearm features and consequences for the nation are researched. Based on the analysis of weapon circulation experience, ways of improving national legal acts that regulate the circulation of similar products in Ukraine are offered. The normative documents that regulate the order of circulation in Ukraine of products with the characteristics of firearms, which the manufacturer classifies as devices of household, sports and special purpose, are analyzed. The basic requirements for alarming and signaling weapons, as well as starting pistols and revolvers by national standards and methods of ballistic examination are considered. The problematic aspects of the Ukrainian national legislation in the sphere of circulation of firearms objects and their consequences for the state are investigated. On the basis of the analysis of the European experience in regulating the circulation of alarm and signal weapons, ways of improving the national legal acts regulating the circulation of similar products in Ukraine have been proposed.