THEORETICAL AND APPLIED ASPECTS OF STUDIES OF THE SPECIFIC GAS WEAPONS DESIGN FEATURES IN THE FORENSIC EXPERT ACTIVITY
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
In the article the author carries out a comprehensive review of the design features of individual samples of gas weapons. Attention is paid to actualization of gas and warning weapons of foreign manufacture in the Ukrainian market and non-compliance of the characteristics of such weapons with the requirements set forth in the methods and standards of our country. The author also points out the contradictions arising from the expert assessment and defining the type of gas weapons due to the design allowing transferring such weapons to another target group without making irreversible changes “de facto” and the lack of reaction established by the Law to the phenomenon “de jure”. Taking into account the current trends has allowed to establish that the control over the circulation of the examined weapons should start with the crossing of the control as the devices knowingly failing to meet the requirements of the due standards and methods should not be carried to the territory of Ukraine. And the ones that were carried to the territory of Ukraine or those that were previously registered as gas or warning should be withdrawn by the authorities of licensing system upon their registration and re-registration. The author notes that the operation of gas guns and revolvers is based on the principle of firepower, which, in turn, makes it possible to use it for the physical destruction of the target but not the impact on a biological object by the irritating gaseous substance, wherefore the opinion is advocated that while using a non-lethal cartridge in gas weapons such a weapon ceases to be gas since it loses its intended purpose – the disabling of manpower by blowing of gas and smoke cloud from a mixture of substances with tear or irritant effects. Therefore, the term “gas weapons allowing shooting with ammunition, equipped with elastic bullets of non-lethal action” is generally controversial and inappropriate. Such gas weapons need to be defined, rather, as a gas weapon adapted for shooting with ammunition, equipped with elastic bullets of non-lethal action. The article concludes that responsibility for the processing of gas or starting weapons into traumatic one should be provided for in normative acts. Confirming the liability for such actions in the criminal legislation is not sufficiently acquitted, but the latter may be envisaged in the Code of Administrative Offenses. The author provides the consideration of the proposed provisions in the course of practical activities of the departmental bodies can contribute to increasing the level of combating crimes committed using gas weapons and lowering of crime rates.
Authors and Affiliations
Viktoriia Rusanova
Keywords
Related Articles
- EP ID EP496561
- DOI 10.32366/2523-4269-2018-65-4-221-227
- Views 115
- Downloads 0
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