Clarification of the Object and Subject of Examination of Antique Edged Weapons

Abstract

The problem of conducting a comprehensive examination of antique edged weapons is considered. The formal-logical method is applied; empirical methods: review of regulations and deontological sources; comparison of the norms of substantive law with deontological norms of expert activity; private scientific methods of art history. In order to clarify the subject of a comprehensive examination of antique edged weapons, the subjects of a forensic examination of edged weapons are compared with a forensic art examination. The main contradictions associated with the ambiguity of the definition of the object and subject of this subspecies of forensic examination are highlighted. It is proved that this is based on the inaccuracy of the definitions given in the Federal Law “On Weapons”. On the basis of this, the officially allocated objects are analyzed: cold antique weapons, copy, reconstruction, replica, cultural values. The heterogeneity of these objects is proved. In this regard, the concept of “cultural values” is proposed to be considered as a subject of expertise. Based on the analysis of the basic concepts of Art. 1, 9, 17 of the Federal Law “On Weapons” is proposed to introduce a classification: 1) cold antique weapons (authentic antique weapons); 2) cold antique (authentic) weapons with signs of belonging to cultural values; 3) an antique item that has signs of edged weapons (an antique item that has an external resemblance to edged weapons); 4) edged weapons (copies; reconstruction, replicas) with signs of antiques; 5) edged weapons (copies; reconstruction, replicas) that have signs of belonging to cultural values.