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 140
- Downloads 0
To the problem of improvement rights of sexual minorities representatives and transgender people as criminal proceedings participants
The article is devoted to the problem of rights of representatives of sexual minorities and transgender people when they take part in criminal proceedings. Apparently, both categories are rather extensive in terms of the...
Improvement video stream channel management in the system"manager - patrol police officer"
The peculiarities of the activities of the mobile patrol service and ways of its improvement are explored. The system of management of the outfits of the mobile patrol service is offered, the advantage of which is the po...
Crypto-currency as a financial factor of netocracy
The author has analyzed by the crypto-currency, as a financial component of the manifestation of netocracy in the information society. The netocratic character of the production technologies of the crypto-currency is det...
Problematic issues of the use of firearms by national police officers while performing official duties
The article is devoted to separate aspects of the use of firearms by the employees of the National Police of Ukraine during the performance of official duties. A police action is one of the key functions of the police, w...
The theoretical concept of historical development of criminal law in the area of internal security of Ukraine
The article deals with study of certain problems of the historical development of criminal legislation of the essence in the field of internal security of the state analyzed legislation on the activities of law enforceme...