GROUNDS FOR REFUSAL TO ISSUE A PERMIT TO PURCHASE, KEEP AND CARRY CIVIL WEAPONS TO AN INDIVIDUAL

Abstract

The article analyzes the legal grounds for refusing to issue permits to individuals to purchase, store, and carry civilian weapons. Problematic issues that arise in the activities of the National Police of Ukraine and judicial practice during the application of the provisions of the legislation, which determine the grounds for refusing to issue such permits, are singled out. On the basis of the conducted research, the proposals to clarify the grounds for refusing to issue a permit to an individual to purchase, store, and carry weapons are substantiated. In particular, it is proposed: 1) establishing a unified list of types of administrative offenses, the commission of one or more of which is grounds for denying the offender a permit to purchase, store, and carry weapons; 2) establishing a rule according to which grounds for refusing to issue such a permit will also be considered, in particular: the presence of a person with an outstanding or unexpunged criminal record for committing a criminal offense; availability of information about notification of a person suspected of committing a criminal offense or drawing up a notification of suspicion against a person, which was not served due to failure to establish his location; 3) consolidation of the right of foreigners and stateless persons who are in Ukraine on legal grounds to purchase, store and carry weapons permitted for civilian circulation; 4) supplementing the list of reasons for refusing to issue a permit to purchase, store, and carry weapons on such grounds as: the applicant's submission of documents required for the issuance of a permit is not in full; lack of mandatory information specified by law in the submitted documents; detection of inauthenticity of data in documents submitted for obtaining a permit.