Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
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А. Pashyieva

Summary

The article reveals the essence of the administrative and legal regulation of the circulation of arms in Ukraine. It is understood as the set of established special rules and clear measures of targeted state impact of the norms of administrative law, implemented and guaranteed by the state with the aim of streamlining social relations that arise, change or terminate in the course of any actions related to the transfer of ownership or possession of objects. The current legislation on administrative and legal aspects of the conceptual apparatus of weapons, its circulation and application in Ukraine and developed foreign countries is considered.

It is determined that in Ukraine there are two main philosophical and legal methodological conceptual ideas on which the circulation and use of weapons are based: the first is the concept of the priority of the security of society; the second is the concept of the priority of the human right to self-defense with the help of weapons. In Ukraine, the concept of the priority of the security of society is taken as a basis. It was revealed that citizens of Ukraine are the central subjects of circulation and use of weapons in Ukraine, since the acquisition, carrying, possession and use of weapons is the direct implementation of the guaranteed constitutional human rights primarily for self-defense. The conclusion is drawn that the state should create a mechanism for the realization of this right by adopting a corresponding special law and subordinate legal acts on the legalization of weapons in Ukraine.

It also became clear that the administrative and legal support for the circulation of arms is of a global nature, since it found its international legal settlement at the level of the UN and the EU, according to which in most countries of the world legal legalization of weapons to protect their lives and property rights is commonplace (the concept of self-defense), however, considering the domestic realities, when a significant part of the society is not ready to legislatively fix this state of affairs, in Ukraine it is necessary to keep the permit system circulation (security concept), approved at the legislative level.