Проблемы дифференциации оружия нелетального действия и специальных средств правоохранительных органов (криминалистический и судебно-медицинский аспекты)

Abstract

Introduction. The article touches upon the topical issues of forensic weapon study connected to the necessity for differentiating so called non-lethal weapon and law enforcement services special tools as well. Theoretical analysis. The lack of any criteria for group pertaining identification of such articles, devices or substances creates many legal conflicts. These collisions, in their turn, hamper adequate criminal evaluation and regulation of their circulation in civil, military and law enforcement realms and development of the schemes and requirements for measuring the optimality of non-lethal weapon kill effects and specific qualities of lawenforcement special services tools, which provokes unbiased difficulties in managing certified diagnostic medico-biological tests. Empirical analysis. The category of destruction means, conventionally referred to as non-lethal weapons, should be considered as a classification subgroup in the common system of forensic weapon classification. The determinant features of this category of weapons, that is called “firearms of limited destruction” for its firearm version, should be the compliance with the forensic definition of the weapon as a means specially designed and technically suitable for hitting a living or other target and having no direct purpose in everyday life or production; ensuring the minimum probability of causing permanent damage to health, life, property, and the environment; intended use for temprorary deprivation of the enemy’s manpower of the ability to attack or resist. Result. There is a need for more profound and detailed research into forensic and medico-biological aspects of the circulation of weapons of limited destruction for military and police purposes and for self-defense.