Normative and legal regulation of the circulation of weapons and explosives in Ukraine
Many believe that firearms are the most effective way for citizens to exercise their constitutional right to self-defense.

The Ministry of Internal Affairs of Ukraine has data that during 2012 only 48 crimes will be committed with the use of legal weapons, taking into account careless crimes and cases of exceeding the limits of necessary defense.

Approximately 0.5 million people use firearms in connection with official and professional activities. Despite such a large number of weapons in circulation, these legal relations are not regulated by any law. The current legislation of Ukraine in terms of regulating the circulation of weapons and explosives contains many gaps and contradictions that require immediate and mandatory elimination.

In Ukraine, the issue of circulation of weapons in general and firearms is regulated exclusively at the sub-legal level.

The main normative legal acts in the field of arms circulation are:

• Instructions on the procedure for the acquisition, storage, accounting, transportation and use of weapons and their ammunition at state-owned enterprises belonging to the sphere of administration of the Administration of the State Communications and Information Protection Service of Ukraine dated October 24, 2013.

• Instructions on the procedure for purchasing, storing, accounting, transporting and using firearms and ammunition for them by paramilitary security personnel at enterprises, institutions and organizations of the state reserve system of Ukraine.

• Instructions on the procedure for the manufacture, acquisition, storage, accounting, transportation and use of firearms, pneumatic, cold and cooled weapons, devices of domestic production for firing cartridges, equipped with non-lethal rubber or metal projectiles and about them, as well as ammunition for weapons, main parts weapons and explosive materials, approved by order of the Ministry of Justice of Ukraine dated August 21, 1998 No. 622.

In these legislative acts regulating the circulation of weapons, there is no definition of many concepts, there is no classification, which should contain the entire range of subjects, which should be distributed in the corresponding administrative and legal regime:

Constitution of Ukraine. Law of Ukraine "On Licensing of Economic Activity with State Form of Ownership", Law of Ukraine "On Permitting System in the Field of Economic Activity⟫, Law of Ukraine "On Transportation of Dangerous Goods" [8]. Law of Ukraine "On National Police", Criminal Code of Ukraine, Code of Ukraine on administrative offenses, Civil Code of Ukraine.

The court practically fills this legislative gap a little.

There is a resolution of the Plenum of the Supreme Court of Ukraine "On judicial practice in cases of kidnapping and other illegal handling of weapons, ammunition, explosives, explosive devices or radioactive materials", cartridges for rifled weapons of various calibers, artillery shells, bombs, mines, grenades, combat units rockets and torpedoes and other products in assembled form 189 No. 1/2016 LAW AND SOCIETY samples equipped with an explosive substance and intended for firing firearms or for carrying out an explosion. It is not the subject of crimes provided for in Art. Art. 262, 263 of the Criminal Code of Ukraine.

To date, there are two draft laws on the circulation of weapons and explosives:

• draft Law of Ukraine "On Civilian Weapons and Ammunition"

- regulates legal relations arising during the circulation of weapons and ammunition in Ukraine, and is aimed at protecting life and health of citizens, property, protection of public order and public safety, nature. And natural resources, strengthening international cooperation in the fight against crime and illegal proliferation of weapons.

• draft of the Law of Ukraine "On Weapons" (public project).

- establishes the right to possess weapons and ammunition, determines the conditions, procedure and rules for the purchase of weapons and ammunition by individuals and legal entities, their possession, storage, movement, use and application, deprivation of the right to possess weapons and their seizure, regulates the conduct of economic activities in the sphere of production and circulation of ammunition and weapons, creation and operation of shooting ranges, shooting ranges, and also defines the range of rights and obligations of individuals and legal entities, powers of state authorities and management in the sphere of circulation of weapons and ammunition. And provision of services related to the use of weapons and ammunition.

If you have problems in the field of arms circulation, contact our Military Lawyer.