CRIMINAL CHARACTERISTICS OF TYPICAL METHODS OF ILLEGAL HANDLING OF WEAPONS, AMMUNITION, EXPLOSIVES AND EXPLOSIVE DEVICES

Abstract

The article, based on a comprehensive analysis of scientific sources and investigative judicial practice, describes the typical methods of illegal handling of weapons, munitions, explosives and explosive devices, which directly depend on the weapons, as well as the purpose and motives of criminals, since almost a third criminal and illegal actions are spontaneous and committed without prior preparation. Actions are provided for in Art. 263 of the Criminal Code of Ukraine, namely illegal handling of weapons, ammunition, explosives and explosive devices are committed in the following typical ways: a) illegal carrying of cold weapons, firearms (except for smooth-bore hunting), ammunition, explosives or explosive devices – intentional, acts of their movement, transportation by a person directly with him (in his hands, clothes, bag, special case, vehicle, etc.) committed without the permission provided by law; b) illegal storage of firearms (except for smooth-bore hunting weapons), ammunition, explosives or explosive devices - intentional actions consisting in possession (regardless of the duration) without the appropriate permit or with the expiration date of any of the specified items, that is not with a person, but in a place chosen by him; c) illegal acquisition of firearms (except for smooth-bore hunting weapons), ammunition, explosives or explosive devices – deliberate actions related to their acquisition (except for kidnapping, appropriation, extortion, acquisition through fraud or abuse of official position) contrary to the procedure provided for by law - as a result of purchase, exchange, appropriation of what was found, received as a gift, for debt repayment, etc.; d) illegal transfer of firearms (except for smooth-bore hunting), military supplies, explosives or explosive devices – giving the specified items to another person in possession, for temporary storage or use for the intended purpose without the permission prescribed by law; e) illegal sale of cold weapons, firearms (except for smooth-bore hunting weapons), ammunition, explosives or explosive devices - intentional transfer of them to another person outside of the established order by way of sale, exchange, donation, payment of debt, etc.; e) illegal manufacture of cold weapons – intentional, committed without the permission provided by law for its creation or processing, as a result of which it acquires the corresponding characteristic properties; g) illegal repair of cold weapons – restoration of their characteristic properties by replacing or restoring parts, mechanisms that are worn out or unusable for other reasons, eliminating defects, breakdowns or damages, establishing the normal functioning of various parts and mechanisms, as a result of which the objects become suitable for use for their intended purpose . In addition, typical methods of removing weapons, ammunition, explosives and explosive devices from legal circulation are highlighted: theft of firearms from the Armed Forces of Ukraine, the Paramilitary Guard Service and law enforcement agencies; theft of firearms and individual components and mechanisms at weapons factories; artisanal production of firearms; legal acquisition of weapons with their subsequent transfer into the hands of criminals; negligent storage of firearms, smuggling of weapons and ammunition across the border. Specific sources of illegal acquisition are defined as: appropriation of found weapons, obtaining them free of charge from relatives, friends and other persons, obtaining them from members of criminal organizations; inheritance and acquisition from persons who carried out illegal sales.