Issues of qualifications of negligent storage of firearms or ammunition
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
Abstract
In art. 264 of the Criminal Code establishes liability for negligent storage of firearms or ammunition, if this was the cause of death or other serious consequences. The norm is blanket disposition, i.e. to determine signs of actions (inaction), it is necessary to address the secondary regulations, which establish rules for the storage of firearms or ammunition. Main Act is the instruction on the procedure of manufacture, acquisition, storage, accounting, transportation and use of firearms, pneumatic and cold weapons, devices, domestic production for ejection of cartridges filled with rubber or similar properties non-lethal projectiles, and mentioned cartridges and ammunition, weapons and explosives, approved by order of the Ministry of Internal Affairs of Ukraine No. 622 21.08.1998. In the title of this regulation provides guidance on different forms of possible firearms and ammunition (not just storing them). Under the possession of firearms or ammunition in understanding art. 264 of the Criminal Code, in our view, should understand ownership (regardless of duration in time) legally or without authorization (with delay of its actions) in any of the items, which is not in your face, and a privileged location. Apply a broad interpretation to art. 264 of the Criminal Code and the recognition of the transfer of weapons to others, its wearing, carriage storage is contrary to this principle of penal law as banning the use of the criminal law by analogy, pinned h. 4 art. 3 of the Criminal Code. Specifying the disposition art. 264 of the Criminal Code all possible forms of neglect with firearms or ammunition will assist in preventing errors in the practical application of this rule would be consistent with the existing legislation of Ukraine, which regulates and protects the scope of circulation of arms and ammunition. Offer disposition art. 264 of the Criminal Code, after the words "storage" add the words "bearing, transferring, transporting or forwarding.
Authors and Affiliations
Serhiy Borovynskyy
Keywords
Related Articles
- EP ID EP296708
- DOI -
- Views 110
- Downloads 0
Reflections on Hannah Arendt’s “the perplexities of the rights of man”, the problem of a refugee and the problem of a state of exception
This short analysis aims at giving certain insights on the correlation among the concepts and together phenomena of ‘human rights’, ‘refugee’, ‘state of exception/emergency’, and also ‘modern state’ and, finally, ‘law’ i...
Investigating authority of the National police on penetration into a vehicle of the person
The powers of the investigating authority of the National Police on penetration into a vehicle of the person are analyzed. The limits of the powers of the investigator during an investigative action review have been made...
Judicial practice as a source of law in the administrative court proceedings
The states of scientific research of the problem of sources of law in administrative legal proceedings are researched in this article. National Courts should interpret the law of Ukraine during the proceedings. In the va...
Organization of interaction of operational and investigation units of the National police during pre-trial investigation of robberies committed by minors
The article is devoted to the investigation of procedural, legal, organizational and tactical forms of interaction between operational and investigation units of the National Police during pre-trial investigation of robb...
Freedom as an element of the right to freedom of peaceful assembly
The article investigates the philosophical and legal understanding of the concept of «freedom». The immediate subject of the study is a meaningful analysis of the concept of «freedom» within the scope of the right of a p...