Firearms control as an element of criminological security in the concept of transitional justice for Ukraine
Abstract
The article is devoted to the development of a criminological model of firearms trafficking control in the context of transitional justice for Ukraine.
It is established that illicit firearms trafficking lays down long-term trends of deterioration of the criminogenic situation, including in the post-war period, and in the future threatens to strengthen the functionality of organised criminal groups and a surge in violent criminal activity. The article proposes a criminological model for establishing control over firearms circulation which provides for: 1) preservation of the existing legal regime of firearms circulation for civilians until the end of the armed conflict and the legal regime of martial law; after the lifting of martial law, a balanced legalisation of civilian (short-barreled) weapons with strict control, verification and constant monitoring is required; 2) for military personnel (including those discharged from service): a) a special type of exemption from criminal liability under Articles 263 and 410 (regarding misappropriation of firearms, ammunition, explosives or other munitions) of the Criminal Code of Ukraine, subject to presentation for inspection, registration and issuance of a permit (de lege ferenda); b) obtaining a permit (de lege ferenda) for storage of firearms (in the amount of no more than one unit per person) and ammunition (in the amount of no more than 60 pieces); 3) criminal liability for violation of the conditions of the permit to keep and carry firearms.
It is concluded that the enhancement of criminal liability for the illegal acquisition, transfer or sale of firearms, ammunition, explosives or explosive devices under martial law or a state of emergency is an example of excessive criminalisation of socially dangerous acts. Law enforcement agencies, by complying with the requirements on the general principles of sentencing (Article 65, paragraph 11, part 1, Article 67 of the Criminal Code of Ukraine), have sufficiently effective tools to assess and take into account the degree of social danger of various manifestations of illegal handling of weapons.
The proposal is to supplement the disposition of Part 1 of Art. 263 of the Criminal Code of Ukraine with an indication of such an object of a criminal offence as a constructive part of a firearm, setting it out in the following wording: “Carrying, storing, purchasing, transferring or selling firearms or their constructive parts (except for smooth-bore hunting rifles and their constructive parts), ammunition, explosives or explosive devices without a permit provided for by law – …”.
Downloads
References
Didenko, S. S. (2018). Problems of legalization of weapons in various foreign countries. Scientific Herald of Kherson State University, 2(3), 148–151.
Fris, P. L. (2015). Citizens’ right to arms – “PRO ET CONTRA”. Our Law, 5, 77–84.
Huntington, S. P. (1957). The Soldier and the State: The Theory and Politics of Civil-Military Relations. Belknap Press.
Jamieson, R. (1998). Towards a criminology of war in Europe. In V. Ruggiero, N. South, & I. Taylor (Eds), The New European Criminology. Crime and Social Order in Europe (pp. 480–506). Routledge.
Jamieson, R. (2014). The Criminology of War. Routledge. https://doi.org/10.4324/9781315086859.
Katerynchuk, I. P., & Merkulova, V. O. (2017). Illicit circulation of weapons, ammunition or explosives: directions for criminal law reform. South Ukrainian Law Journal, 3, 29–35.
Kobrusieva, Ye. A. (2022). Legalization of firearms in Ukraine in the light of international experience during martial law. Juridical Scientific and Electronic Journal, 12, 535–537. https://doi.org/10.32782/2524-0374/2022-12/127.
Kolodin, D. O. (2023). Reforming the criminal legislation of Ukraine regarding the illegal circulation of weapons, ammunition, explosives or explosive devices. South Ukrainian Law Journal, 1, 62–66. https://doi.org/10.32850/sulj.2023.1.11.
Korniiets, A. V. (2011). Foreign experience in the functioning of administrative and legal regimes for the circulation of weapons and explosives. Problems of Law and Law Enforcement, 2, 88–93.
Lea, J. (2020). A Criminology of War? By Ross McGarry and Sandra Walklate. The British Journal of Criminology, 60(3), 807–810. https://doi.org/10.1093/bjc/azaa006.
Orlov, Yu. V. (2023). Crime and its countermeasures in the conditions of war: criminal law and criminological dimensions. Right.
Pysmenskyy, Ye. O. (2024). On the problems of formation and implementation of the criminal law policy of Ukraine under martial law (based on the example of a case of collaborative activity). Bulletin of Luhansk Scientific-Educational Institute named after E. O. Didorenko, 1(105), 130–144. https://doi.org/10.33766/2786-9156.105.130-144.
Sanakoiev, D. B. (2023). Legal and regulatory aspects of regulating arms trafficking under martial law. Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, 2, 224–230. https://doi.org/10.31733/2078-3566-2023-6-224-230.
Sokolov, O. S. (2019). Prospects for reforming Ukrainian legislation in the field of arms trafficking taking into account the provisions of European legal acts. Bulletin of Luhansk State University of Internal Affairs named after E. O. Didorenko, 4(88), 147–157. https://doi.org/10.33766/2524-0323.88.147-157.
Sokurenko, V. V. (2023). Criminology of war: content and conceptual basis of formation. Bulletin of Criminological Association of Ukraine, 2(29), 11–30. https://doi.org/10.32631/vca.2023.2.01.
Copyright (c) 2024 Yu. V. Orlov, A. M. Yashchenko
This work is licensed under a Creative Commons Attribution 4.0 International License.
