Выпуск №3

The development of “anti-weapons” legislation and its effectiveness

Авторы:

Artemenko N. A., Koretsky D. A.

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Информация о статье:

Тип статьи: Юриспруденция

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Для цитирования:

N. A. Artemenko, D. A. Koretsky ‘The development of “anti-weapons” legislation and its effectiveness’, Ural Journal of Legal Research, 2021, No. pp. 13–19. DOI 10.34076/2658_512X_2021_3_13.

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Аннотация:

Unlike the United States of America, where, as a rule, almost everywhere citizens are allowed to keep and carry firearms, the turnover of firearms in the Russian Federation is limited. However, problems associated with mass shootings in educational institutions are present in both countries. The work of author is devoted to the analysis of the development of “anti-weapon” legislation, as well as its effectiveness. In the course of researching the legislation on the circulation of weapons previously in force in the USSR and the Russian Federation, author reveals its internal contradictions. In particular, there are gaps in the legal regulation of the carrying and use of weapons by citizens running a peasant (farm) economy, who were allowed to acquire firearms, but were not officially allowed to acquire ammunition. It also points to a contradiction between the preamble of the Federal Law of 13.12.1996 No. 150-FZ “On Weapons” and the content of the said federal law. There are several types of weapons turnover in the Russian Federation: legal turnover, turnover punishable by the legislation on administrative offenses and criminal turnover. Author also criticized the measures taken by the legislator aimed at limiting the legal circulation of weapons in connection with the increased incidence of their use in the course of committing murders. Thus, it is indicated that the legislator is fighting not with the reason for the use of firearms (by a person who decided to commit a crime by using a weapon), but with the very instrument of committing crimes, which is unacceptable in the context of the theory of crime prevention and prevention. Therefore, author believes that “tightening the screws” in the legal regulation of the legal circulation of weapons is an ineffective measure to prevent and prevent crime. Provides statistical data related to the commission of crimes with the use of firearms. The amendments to the criminal legislation introduced by the Federal Law of 01.07.2021 No. 281-FZ “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” are also criticized. Author comes to the conclusion that the tightening of criminal liability for illegal trafficking in firearms and the tightening of legislation regulating their circulation is an insufficient measure to prevent crimes associated with mass shootings in educational institutions. In this regard, Danil Arkadievich proposes to carry out preventive work in the youth environment

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Список цитируемой литературы:

1. Власов В. П. Криминологическая характеристика и предупреждение незаконного оборота оружия: дис. ... канд. юрид. наук: 12.00.08. М., 2001. 172 с.

2. Корецкий Д. А., Солоницкая Э. В. Оружие и его незаконный оборот: криминологическая характеристика и предупреждение. СПб.: Издательство Р. Асланова «Юридический центр Пресс», 2006. 255 с.

3. Корецкий Д. А., Землянухина Л. М. Личность вооружённого преступника и предупреждение вооружённых преступлений. СПб.: Юридический центр Пресс, 2003. 189 с.

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Ключевые слова:

arms trafficking, shooting, firearms, criminal legislation, tightening of legislation

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