Knyazeva N.A. To the question about the difficulties of qualification of crimes in the area of illegal arms trafficking

Abstract: The subject of this research is the positions of norms of the Russian criminal legislation that stipulate responsibility for the illegal arms trafficking, as well as the materials of judicial practice associated with implementation of these norms. The object of this research is the public relations, which emerge in committing crimes in the area of illegal arms trafficking. The author carefully examines the efficiency of implementation of the Articles 222,223, and 226 of the Criminal Code of the Russian Federation. Special attention is given to the difficulties of qualification, which face the law enforcement authorities in realization of the aforementioned articles. The author notes that one of the problems of qualification of actions of an individual in accordance with the Article 222 of the CCRF consists in the various interpretation of the content of the objective aspect of the illegal storage and bearing of weapon. The Decree of Plenum of the Supreme Court of the Russian Federation signifies the rules for qualification of actions of an individual in the long-term bearing of arms. It is also highlighted that the controversial moment in qualification of crimes committed using weapon or object used as a weapon lies also pertains to gas pistols. The author concludes that significant gap of the current legislation consists in the absence of criminal responsibility for the theft of weapons, as well as quantitative criteria regarding bearing of weapons, which comprises the subject of crimes in accordance with the Articles 222, 223, and 226 of the CCRF.  

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