Problem issues of legislative provision of legalization of trophy weapons and military supplies under the conditions of the legal regime of the martial state

Abstract

The conducted research is due to the need to eliminate the existing significant gaps in the legal regulation regarding the procedure for legalization (granting legal status) of trophy, found and otherwise obtained firearms and ammunition that are in the possession of civilian citizens of Ukraine. The specified problem arose with the beginning of the large-scale military aggression of the Russian Federation against Ukraine, the presence of a significant number of such firearms and military supplies in the civilian population, primarily obtained during and in the area of hostilities, in connection with their use in the situation of repelling armed aggression of Russia etc. Despite the existing problem and relevance of this issue, the legal qualification of such acts, grounds and procedure for seizure, accounting, possession and use of the mentioned weapons and ammunition remain unregulated at the legislative level. As a result, this has an extremely negative impact on the state of public order and security, the level of crime in the state and the effectiveness of measures to combat it. The relevant legislative framework of Ukraine, the problems of law enforcement activities in the sphere of circulation and accounting of firearms during the legal regime of martial law, the existing international practice, first of all the legislation of individual countries that were faced with the need for a regulatory solution to issues related to the presence of unregistered weapons in the hands of civilians, were analyzed, which were the result of military conflicts. As a result, it is proposed to make appropriate changes to a number of special laws of Ukraine regarding the legal substantiation of identifying features and the procedure for legalization of firearms and ammunition captured, found and otherwise obtained by civilians in connection with hostilities. The legal grounds for the seizure, storage, possession and use of such weapons and ammunition by civilians, as well as their acquisition of the right to use abandoned (abandoned) or weapons of the Russian aggressors obtained in any other way in the armed resistance against Russia, have been determined. Іn particular, it is proposed to consider as trophies only those firearms and military supplies that were captured from the enemy as a result of the conduct of hostilities by units of the Armed Forces of Ukraine, that were accounted for (legalized) and checked for technical and functional suitability by authorized bodies, which can be delivered to combat units for the performance of assigned tasks, which belong exclusively to the state, and not to individual servicemen or military units.