ВИЗНАЧЕННЯ ПОНЯТТЯ "ХОЛОДНА ЗБРОЯ" В НАЦІОНАЛЬНИХ СТАНДАРТАХ УКРАЇНИ. DEFINITION OF THE CONCEPT OF “COLD ARMS” IN THE NATIONAL STANDARDS OF UKRAINE
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Date
2018
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Abstract
In the article, based on a detailed analysis of available scientific and legal sources, definitions of the concepts “Arms” and “Cold Arms”, attention is directed to the importance and necessity of building a precise definition of “cold arms”, with the aim of approval in the legislation of Ukraine. There are many shortcomings in native legislation, which require the earliest elimination. Among the objects of the rights of citizens and other entities the arms occupies a special place, of its specific properties.
The category of “Arms” and “Cold Arms” is abstract, since it covers a multitude of diverse objects and devices that have various properties. Legislative acts of “Cold Arms”; they do not including classifications, which would cover the whole list, on which the relevant administrative-legal regime should be spread. In this regard, legal definitions of arms become defining value, as well as its legal classification is clearly defined, which became the basis for determining the content and also duties of the participants in the legal relationship, construction of the administrative-legal regime of arms circulation in Ukraine. Attempted overcome to controversial issues, that arise regarding the classification of Cold Arms in Ukraine, through the prism of the current native legislation was rendered. The problem issues of cold arms are considered in accordance with the specifics of its applications. Types of cold arms, its specification, method of manufacture and level of autonomy for certain historical and ethnic types. Taken cognizance into consideration the opinion of the scientists of the authors of criminal-law and forensic literature on the concept of Cold Arms. Set up of criminal liability for the use of Cold Weapons, the legislator proceeds from the public security of various acts, connected primarily with the that the use of arms in a certain way creates conditions for murder, causing serious harm to health, used in the execution of robberies and other serious crimes. Thus, the possibility of defeating a weapon at a distance actually excludes it from the category of Cold Arms, but this creates a gap, the essence of which is the impossibility of classifying a cold weapon that has a dual function. According to the modern methodology used by the Ministry of Internal Affairs of Ukraine (MIA of Ukraine) and the criteria it contains, not all knives, including those, may fall under the notion of Cold Arms, are namely Cold Arms.
In practice, most of the errors occur when analyzing the subjective side of the acquisition, sale, wearing and manufacturing of Cold Arms. The criminal law provides for direct intent when committing these acts. The content of the intention should include the knowledge that the subject is a Cold Arms, and the actions what has been done, are socially dangerous. A number of conclusions and recommendations for the definition of “Cold Arms” are formulated.
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холодна зброя, обіг, зброя, ураження, категорія, Cold Arms, circulation, arms, defeat, category