THE SUBJECT OF THE CRIMINAL OFFENSE OF ILLEGAL HANDLING OF WEAPONS, AMMUNITION OR EXPLOSIVES

Abstract

Studying the forensic characteristics of illegal handling of weapons, ammunition or explosives requires delineating the subject of the criminal offense of the specified crimes, defining its concept, content and significance in the investigation methodology. The subject of criminal trespass includes material objects that are the embodiment of social relations, trespassing on which is punishable as a criminal offense. The study of scientific developments shows that the subject of the criminal offense of the crimes provided for in аrt. аrt. 263, 263-1 of the Criminal Code of Ukraine are weapons, namely such types as combat firearms, sports weapons, melee weapons, rifled hunting weapons, ammunition, explosives. Weapons pose a threat to people’s lives and health, becoming a tool for committing serious crimes. The circulation of weapons among the civilian population without the permission prescribed by law causes an increase in the level of crime, the complication of the criminogenic situation, the commission of serious crimes against life and health, the use of weapons in the criminal activities of organized criminal groups and criminal organizations. The article focuses on the relationship between the elements of the forensic characteristics of illegal handling of weapons, ammunition or explosives. In particular, correlations between the subject of a criminal offense and other elements of the forensic characteristics of the specified crimes are depicted in the following form: “the person of the criminal” – “the subject of the criminal offense”; “method of committing a crime” – “subject of a criminal offense”; “traces of a crime” – “the subject of a criminal offense”; “circumstances of the crime” – “object of the criminal offense”; “the person of the criminal” – “the method of committing the crime” – “the subject of the criminal offense”. Based on the results of the analysis of investigative and judicial practice, it was determined that the typical subject of the criminal offense of illegal handling of weapons, ammunition or explosives includes: 1) combat firearms; 2) sporting weapons; 3) rifled hunting weapons; 4) combat supplies; 5) explosive substances; 6) melee weapons.