OBJECTIVE SIDE OF OFFENSIVE REQUIRED BY Art. 174 OF CODE OF UKRAINE ON ADMINISTRATIVE OFFENCES
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3
Abstract
The article covers legal analysis of the objective side of administrative offences under Art. 174 Code of Ukraine on Administrative offences. It is determined that for an administrative offences under Art. 174 Code of Ukraine on Administrative offences, differential characteristics of the objective element are optional marks, in particular: tools of delict, a place of commission and a method. Disposition of Art. 174 Code of Ukraine on Administrative offences, is a blanket rule, so, to interpret the terms that it contains it is necessary to address a number of normative and legal acts, at the same time, a number of provisions are not legislatively regulated, that is why the author interprets them. The author grounds the necessity of making corrections into the disposition of Art. 174 Code of Ukraine on Administrative offences, and it says that: "Shooting from a firearm or cold throwing weapon, devices for shooting cartridges equipped with rubber or similar in their properties propelling missiles of non-lethal action or a pneumatic weapon of caliber greater than 4.5 millimeters and a bullet flight speed of more than 100 meters in second, in the unaverted places for this purpose, as well as in the allowed places with violation of the established order". In addition, the author suggests the adoption of the Model rules for the weapon handling, determining his position by the absence of a specialized normative and legal act of general distribution that defines security measures while handling weapons, the procedure of shooting, etc.
Authors and Affiliations
Olga Mеrdova
Keywords
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