Abstract

In the present scientific demarche is performed a practical and theoretical analysis of the objective side of the offense provided at art.291 PC RM. Inter alia, it is states that the term “negligent” in the text of art.291 PC RM mean the activity of perpetrator expressed in violating rules of storage a firearm and ammunition, despite assuming legal obligations appropriate storage when obtaining a permit for the weapon. Unlike purchasing firearm or ammunition (art.290 PC RM) transmission of these objects to a third party involve holding by the offender a weapon license. In contrast, in the case of art.290 PC RM perpetrator sells firearms or ammunition without to holding weapon license. It emphasizes that under current legislation, the same act of careless storage of firearms and ammunition so falls under Criminal Code and Administrative Offences Code. And this legislative overlap allows establishment of free choice in the person empowered with criminal law application. As a result, is attested the presence of a not uniform judicial practice at qualification person behavior expressed in violating rules of storage firearms or ammunition.

Authors and Affiliations