Problematic Issues in Defining the Subject of Illegal Handling of Weapons, Ammunition, or Explosives

Abstract

The purpose of the presented scientific research is to conduct a criminal-legal analysis of the defects in the legislative consolidation of the subject of crimes against public security (under Art. 263, 263-1 of the Criminal Code of Ukraine) and to develop proposals for improving the regulatory framework in the context of modern security challenges. The methodological basis consists of a set of methods for cognizing legal phenomena: the formal-legal method was applied to interpret protective norms; the systemic-structural method – to study the links between criminal law and departmental acts. The comparative-legal method was used to analyze the status of various weapons, and the empirical analysis of forensic ballistic practice provided an understanding of the problems in qualifying the latest means of destruction. It was clarified that the lack of a specialized arms circulation law generates the phenomenon of double blanket norms, complicating qualification. The risks of delegating the function of determining the legal status of structurally similar items (blank pistols) to forensic experts are analyzed, which creates prerequisites for subjectivism. Normative collisions caused by the duplication of identical objects of encroachment in Art. 263 and 263-1 of the Criminal Code of Ukraine, which lead to an artificial ideal totality of crimes, are investigated. The latest forensic challenges related to 3D weapon printing are outlined, requiring the adaptation of ballistic standards for evaluating polymer structures. A conclusion is formulated on the need for legislative consolidation of the basic conceptual apparatus regarding weapon types. It is proposed to eliminate the competition of norms by recognizing the storage of a manufactured item as being covered by the single process of its illegal manufacture. The expediency of introducing quantitative and weight thresholds for ammunition and explosives is argued, which will allow for the effective application of the insignificance institute.