Forms of objective element of crimes against public security, the subject of which are weapons, ammunition, explosives and explosive devices
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 1, Issue 1
Abstract
The article reveals the peculiarities of the forms of the objective element of crimes against public security, the subject of which are weapons, weapons, explosives and explosive devices. The analysis of scientific discussions about their features, essence and content is carried out. The absence of a single approach to the understanding of the analyzed forms of the objective side of the crimes of this group in the scientific literature is determined. The similarity of actions on cold arms (part 2, art. 263) or firearms and ammunition manufacturing, explosives or explosive devices (part 1 art. 263-1) and their processing (part 1 art. 263-1 CC) is mentioned as well. The identification of the terms “manufacture” and “reprocessing” both in the scientific literature and in the provisions of the Resolution of the parliament of the Supreme court of Ukraine “On judicial practice in cases of abduction and other illicit handling of weapons, combat supplies, explosives, explosive devices” No. 3 of 26.04.2002 is highlighted. The identity of the concepts of “change of marking” of firearms and “falsification” of firearms is argued, with the attention being drawn to it in the scientific literature and conclusions of state authorities. The author comes to the conclusion that the term “change of marking” is covered by the term “falsification”. The shortcomings of legislative consolidation and understanding of some forms of the objective aspect of crimes against public security, the subject of which are weapons, weapons, explosives and ex-plosive devices is denoted as well. Proposals on improving criminal liability for crimes against public security, the subject of which are weapons, ammunition, explosives and explosive devices, are provided. It is proposed to exclude the word “processing” from the title and text of part one of art. 263-1 of the Criminal code, while taking as a basis the provisions of p.13 Resolution of the parliament of the Supreme court of Ukraine “On judicial practice in cases of theft and other illegal handling of weapons, ammunition, explosives, explosive devices or radioactive materials” No. 3 regarding the understanding of “processing” as an integral element of “manufacturing”. Moreover, in the title of art. 263-1 of the Criminal code and in its first part, the word “falsification” should be deleted, with the term “change of marking” covering the falsification of firearms further on as well.
Authors and Affiliations
Volodymyr Golubosh
Keywords
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- EP ID EP510865
- DOI 10.31733/2078-3566-2018-1-150-155
- Views 104
- Downloads 0
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