Administrative law enforcement of the right to arms in Ukraine: problems and perspectives
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 2, Issue 2
Abstract
The article deals with legal problems of legalization of short-barreled firearms in Ukraine which reached its culmination during the period of antiterrorist operation. The article describes theoretical and practical problems of the firearms’ regulation in the state. Namely, the author affirms that one of the negative features is absence of a single unified notion of “fire-arms” and regulation of the turnover of dangerous property on the law subordinate level. The indicated facts create a favourable basis for abuse of law, development of corruption in the licensing activity of this field etc. The authors analyze legal regulation which comprehensively control the procedure of acquisition, storage and usage of weapons in Ukraine (order № 622 of the Ministry of Internal Affairs of Ukraine), according to which the permissive process of acquisition is established for hunting weapons, melee weap-ons and cooled arms. Short-barreled firearms are beyond access for citizens, it is criticized on the half of potential owners. It is substantiated that among the benefits of providing citizens with the opportunity to purchase short-barreled firearms on can consider the state’s inability to ensure the protection of the rights and freedoms of citizens, guaranteed by the Constitution. The authors give statistics, according to which every eighth Ukrainian has an illegal weapon which can become an instrument of crime. Also the author relates to the positive features, the effective international experience of the introduction of short-barreled firearms in public relations, which has significantly reduced the level of crime in such countries as the USA, Poland, Estonia etc. However, in contrast to these facts, there is an annual increase of a few but large-scale shootings which is gradually changing the policy of European countries towards the complication of the procedure of the fire-fighting equipment purchase. Nevertheless, the author emphasizes the impossibility of implementing international experience due to the low legal awareness of Ukrainians, lack of culture of using weapons, as well as unstable situations in the country, ineffective fight against corruption. This opinion is supported by the data of a sociological survey, according to which about 80 % of the population of Ukraine categorically refuse to be provided with the right to own short-barreled firearms, at the same time, 50 % of respondents are convinced that only increased criminal liability for latent possession of weapons will be-come a guarantor of security in the country. In this article the authors offer to concentrate attention of the state authorities and scientists on eradicating corruption, raising the level of society’s culture by improving the sphere of education and the law-enforcement system, as well as the struggle against the existence of weapons that are not registered in a specially defined manner, which will create prospects for further pro et contra
Authors and Affiliations
O. M Solovyova, V. O. Ganzhelo
Keywords
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- EP ID EP563355
- DOI 10.31733/2078-3566-2018-3-64-70
- Views 107
- Downloads 0
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