Questions:

1. Illegal arms trafficking - the state, causes and measures to prevent related crimes.

2. Criminal liability for theft of weapons, ammunition, explosive devices and explosives.

One of the most serious factors that destabilize the situation in the country and contribute to the rampant organized crime is illegal arms trafficking. Unfortunately, the problem of preserving weapons and ammunition is also relevant for the Armed Forces of the Russian Federation.

* 0b of liability for theft of military property is described in the article by A. Kasyanenko "Liability of military personnel for loss and theft of weapons, ammunition and military property". Orientir No. 2 for 1998

1

The specific nature of crimes related to the theft of weapons, ammunition, explosives and explosive devices is that they not only pose a great public danger in themselves, but also, once in the hands of intruders, can contribute to the growth of various types of serious crimes.

In recent years, gun trafficking-related crime has taken on new forms. Weapons have become a commodity that brings significant profits. This immediately made him an object of increased interest of organized criminal groups. On the borders of Russia, border and customs services constantly stop numerous attempts to smuggle in and out of weapons, ammunition and explosives, but their number, unfortunately, is decreasing slightly.

The number of cases of theft of weapons and ammunition in the Armed Forces of the Russian Federation has also increased. Moreover, if earlier such crimes were committed, as a rule, secretly, now-more often by robbery or other violent actions. Attacks on warehouses and storage facilities, on guards and sentries have become frequent.

It is a matter of concern that crimes related to the theft of weapons are committed not only by ordinary and non-commissioned military personnel, but also by ensigns and officers who sell stolen weapons in the criminal world.

Unfortunately, the effectiveness of efforts to prevent such crimes remains low.

This situation is caused by both objective and subjective reasons.

The main objective reason is the financial and economic crisis that has engulfed all spheres of activity of our state. The forced reduction of allocations for the construction and maintenance of weapons storage facilities has led to overloading of many bases, warehouses and storage facilities. Due to the lack of funds, special storage conditions for certain types of weapons are not provided everywhere, which leads to a reduction in their service life. Weapons are sometimes stored in dilapidated, dilapidated barns built back in the 40s. But even in such rooms, it is impossible to place all available weapons and ammunition.

Subjective conditions that contribute to the theft of weapons, ammunition and explosives include, first of all, the facts of insufficient control over compliance with the rules for recording, receiving, storing and issuing weapons and ammunition by the command and officials.

During the investigation and consideration of cases in courts related to the theft of weapons and ammunition, numerous cases of violations of the statutory requirements of the guard service were established, shortcomings in the training of personnel for its performance were found, inadequate equipment of posts, lack of lighting and communication with guard rooms, damage to fences, prohibited contacts of persons belonging to the guard with colleagues and outsiders, the lack of a firm statutory order and control by superiors over their subordinates, insufficient knowledge of their business and moral qualities.

The spread of cases of theft of weapons, ammunition and explosives in Tayuka is facilitated by the omissions of the command in the selection and placement of personnel directly responsible for the storage of weapons, formalism and unscrupulousness in the work of military internal verification commissions.

Analysis of cases in courts shows that every second theft of weapons was detected not during inspections, but after a long time during the sale of stolen weapons or during the detention of persons who illegally acquired them.

Directly related to the theft of weapons and ammunition are the facts of the loss of weapons items. Their commission, as a rule, is facilitated by non-compliance with the established rules for storing weapons, leaving them unattended in public places, as a result of which they were stolen by unauthorized persons.

It is possible and necessary to change the state of affairs with the safety of weapons and ammunition. First of all, it is necessary to increase the requirements for officials responsible for recording and storing small arms and ammunition to them. To ensure that all military personnel strictly comply with the requirements of the general military regulations of the Armed Forces of the Russian Federation on the organization of guard service, order of the Ministry of Defense of the Russian Federation No. 90 of 1996 on ensuring the safety of weapons and ammunition. At arsenals, bases and warehouses, it is necessary to use engineering and technical security equipment more widely. This will require additional costs, but compared to the cost of possible consequences, they are not so great. And of course, in the fight against illegal arms trafficking, we cannot do without the use of criminal legislation.

2

The current legislation provides for criminal liability for illegal arms trafficking. 1 of the Law of the Russian Federation "On Weapons", refers to the production of weapons (i.e. their research, development, testing, manufacture, decoration and repair, manufacture of ammunition, cartridges and their components, trade in them, their sale, transfer, acquisition, collection, display, accounting, storage,etc.). carrying, transportation, transportation, use, withdrawal, destruction, importation into the territory of the Russian Federation and export from Russia.

In accordance with Part 1 of Article 222 of the Criminal Code of the Russian Federation, illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, ammunition, explosives or explosive devices is punishable by restriction of liberty for a term of up to three years or by arrest for a term of up to six months; or by imprisonment for a term of up to three years with a fine two hundred to five hundred minimum wages or in the amount of the convicted person's salary or other income for a period of two to five months or without it.

The same acts committed by a group of persons by prior agreement or repeatedly are punishable by imprisonment for a term of two to six years. If the acts provided for in part 1 and Part 2 of this article are committed by an organized group, the law provides for a more severe penalty - imprisonment for a term of three to eight years.

Illegal acquisition, sale, or carrying of gas or cold weapons, including throwing weapons (except for those areas where the wearing of cold weapons is part of the national costume or is associated with hunting) is punishable by compulsory labor for a period of one hundred and eighty to two hundred and forty hours, or correctional labor for a period of one year to two years, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to two years with a fine of up to two hundred minimum wages or in the amount of the convicted person's salary or other income for a period of up to two months, or without it.

At the same time, it should be borne in mind that a person who voluntarily surrendered the items specified in Article 222 of the Criminal Code of the Russian Federation is exempt from criminal liability, unless his actions contain other elements of a crime. The voluntary surrender of firearms, ammunition, explosives and explosive devices should be understood as the surrender of these items by a person of their own free will, regardless of their motives.

Illegal acquisition of gas or cold weapons, including propellant weapons, should be considered its purchase, receipt as a gift or in payment of a debt, in exchange for goods and things, embezzlement found, etc.

Illegal sale of these items is their sale, donation, exchange, transfer in payment of debt, etc.

Illegal storage is the presence of these items in the premises, caches, as well as in other places that ensure their safety.

Illegal carrying of these items should be understood as their presence in clothing or directly on the body of the accused, as well as carrying them in a bag, briefcase and other items.

Illegal transportation of these items is their transportation by any vehicle. At the same time, the presence of these items in the vehicle of the guilty person without the appropriate permission should be regarded as their storage, transportation or carrying, depending on the specific circumstances of the case.

Article 226 of the Criminal Code of the Russian Federation provides for criminal liability for theft or extortion of weapons, ammunition, explosives and explosive devices.

The theft of weapons and other items specified in Article 226 of the Criminal Code of the Russian Federation should be understood as illegal possession of them in any way with the intention of the perpetrator to appropriate the stolen goods or transfer them to another person, as well as dispose of them at his discretion in another way. Criminal liability for theft of weapons and other items occurs in cases of their theft both from state or other enterprises or organizations, and from individual citizens who owned them lawfully or illegally. In this case, responsibility comes not only for the theft of a usable weapon, but also a defective or training weapon, if the perpetrator had the intention and real opportunity to bring it into a usable state.

The introduction of criminal liability for extortion of weapons, ammunition, explosives and explosive devices is due to a significant increase in these crimes. The former 1960 Criminal Code of the RSFSR did not provide for such liability.

In accordance with Part 1 of Article 226 of the Criminal Code of the Russian Federation, theft or extortion of firearms, their components, ammunition, explosives or explosive devices is punishable by imprisonment for a term of three to seven years.

Theft or extortion of nuclear, chemical, biological or other types of weapons of mass destruction, as well as materials or equipment that can be used in the creation of weapons of mass destruction, is punishable by imprisonment for a term of five to ten years.

If the acts specified in part 1 and Part 2 of this article are committed by a group of persons by prior agreement or repeatedly, or by a person using their official position, or using violence that is not dangerous to life and health, or with the threat of using such violence, they are punished by imprisonment for a term of five to twelve years with or without confiscation of property.

If the acts provided for in this article are committed by an organized group or with the use of violence dangerous to life or health, or with the threat of using such violence, or by a person who has been convicted of embezzlement or extortion two or more times, they are punishable by imprisonment for a term of eight to fifteen years with confiscation of property.

Negligent possession of a firearm that has created conditions for its use by another person, if this has entailed serious consequences, is punishable by restriction of liberty for up to two years, or by arrest for up to six months, or by deprivation of liberty for up to one year (Article 224 of the Criminal Code of the Russian Federation).

Serious consequences should be understood as causing the death of a person by negligence or causing serious harm to the health of several persons.

The Criminal Code of the Russian Federation provides for criminal liability for improper performance of duties for the protection of weapons, ammunition, explosives and explosive devices, and also contains a separate article providing for liability for illegal manufacture of weapons.

The manufacture or repair of firearms, their component parts, as well as the manufacture of ammunition, explosives or explosive devices is illegal if it is committed in violation of the procedure established by the Law of the Russian Federation "On Weapons".

According to article 223 of the Criminal Code, illegal manufacture or repair of these items is punishable by up to three years ' imprisonment.

If these acts are committed by a group of persons by prior agreement or repeatedly, they are punishable by imprisonment for a term of two to six years.

The Law provides for a more severe penalty for committing such crimes by an organized group - imprisonment for a term of four to eight years.

Illegal manufacture of gas or cold weapons, including propellant weapons, is punishable by compulsory labor for a term of one hundred and eighty to two hundred and forty hours, or by correctional labor for a term of one to two years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to two years.

According to Article 225 of the Criminal Code of the Russian Federation, improper performance of their duties by a person who was entrusted with the protection of firearms, ammunition, explosives or explosive devices, if this entailed their theft or destruction or other grave consequences, is punishable by restriction of liberty for a term of up to three years or by arrest for a term of three to six months, or for a term of up to two years with or without disqualification from holding certain positions or engaging in certain activities for a term of up to three years. Other grave consequences should be understood as causing death to a person, serious harm to the health of several persons, or major material damage as a result of improper protection of these items.

Responsibilities for the protection of firearms, ammunition, explosives or explosive devices are established in departmental instructions, rules, instructions, and charters. Improper performance of these duties is considered a formal or negligent approach to them.

Improper performance of duties for the protection of nuclear, chemical, biological or other types of weapons of mass destruction or materials or equipment that can be used in the creation of weapons of mass destruction, if this has entailed serious consequences or created a threat of their occurrence, is punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions a certain activity for a period of up to three years.

In addition to those mentioned above, the article of the Criminal Code of the Russian Federation also provides for liability under Article 188 of the Criminal Code (smuggling) for illegal movement across the customs border (import and export) of firearms, ammunition, explosives, explosive devices, nuclear, chemical, biological and other types of weapons of mass destruction, as well as materials and equipment that can be used when creating weapons of mass destruction.

Of course, it is impossible to achieve a breakthrough in the fight against illegal arms trafficking only by law enforcement agencies and criminal legislation. Only when comprehensive measures are taken by all bodies, institutions and officials interested in the safety of weapons, ammunition, explosives and explosive devices can the growth of these crimes be stopped.

Permanent link to this publication: