Draft law on weapons

06 September 2019

Project

Number, date of registration: 1222 of 02.09.2019
Registration session: 1st session of the IX convocation
Draft law wording: Main
Section of the draft law: Sectoral development
Subject of the right of legislative initiative: People’s Deputy of Ukraine
Initiators of the draft law: Fris Ihor Pavlovych (IX convocation), Matusevych Oleksandr Borysovych (IX convocation)

LAW OF UKRAINE
About weapons

This Law, in accordance with the Constitution of Ukraine, defines the legal regime of ownership of weapons, establishes the basic rights and obligations of citizens and legal entities regarding the production, acquisition, possession, alienation and use of weapons and ammunition and regulates other social relations directly related to this.

SECTION I.
General provisions

Article 1. Definition of terms and concepts

1. In this Law the following terms and concepts are used in the following meaning:

1. automatic firearm – a firearm that reloads itself after each shot and whose design and technical characteristics allow more than one shot to be fired by a single pull of the trigger;

1) ammunition – ammunition for rifled and smooth-bore firearms, other single-use devices, structurally designed and technically suitable for firing weapons of the corresponding type. Individual components of firearms cartridges (shot, buckshot, bullets, pellets, gaskets, containers, capsules, cartridge cases, powder) are not considered ammunition;

2) the relevant license – an entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations on the decision of the licensing authority on the availability of the right of a business entity to carry out a certain type of economic activity for the production, repair, trade of weapons, security activities carried out with the use of firearms, conducting courses on training of the owner of weapons, creation and organization of shooting ranges, shooting ranges.

3) firearms and ammunition for military purposes – firearms and ammunition assigned to military units, institutions, establishments and organizations of the Armed Forces of Ukraine, as well as other military formations of Ukraine. Firearms and ammunition for military purposes are also firearms and ammunition produced under the State Defence Order;

4) firearm – a portable barrel weapon that causes a directed shot of the projectile part of the ammunition due to the energy of an explosive, except for antique muzzle-loading firearms or their models;

5) gas weapon – a non-firearm designed only for the destruction of living targets by using chemical irritants. Gas pistols (revolvers) do not belong to firearms;

6) smooth-bore firearms – firearms in which the guide part of the barrel channel along its entire length does not have cuts that give the throwing element a rotational movement. Smooth-bore firearms also include firearms designed to fire ammunition for smooth-bore firearms, the barrel channel of which contains rifling in its end part, or rifling to improve the shedding of the shot charge;

7) smooth-bore short-barreled firearms designed for firing ammunition equipped with elastic throwing elements of less lethal effect – pistols and revolvers with an internal barrel diameter of not more than 10 millimeters, specially designed and manufactured or modified for firing ammunition equipped with elastic throwing elements of less lethal effect. The requirements for ammunition equipped with less lethal projectiles are established by the Ministry of Health of Ukraine;

8) public place – a territory, part (parts) of any building, structure that is available or open to the public freely, or by invitation, or for a fee, permanently, periodically or from time to time, including entrances, as well as underground passages, stadiums, parks, etc;

9) minor repairs – elimination of malfunctions, defects and/or replacement of non-main parts of the weapon, which does not lead to enhancement or change of the main properties of the weapon and is carried out in order to restore the properties of the weapon and for the possibility of its further use for its intended purpose;

10) deactivated weapon (mock-ups, massive mock-ups) – a weapon specially made unsuitable for firing, including not suitable for firing blank cartridges;

11) additional equipment to the weapon – devices specially designed or adapted for installation on the weapon, which serve to improve its appearance, ergonomics (user properties), comfort in use, adaptation to the anatomical features of the owner, adaptation (permanent or temporary) to the performance of relevant tasks (self-defense, hunting or sports, etc.). The additional equipment includes, in particular, but not exclusively, means of reducing the volume of the shot, means of reducing the recoil force, flame extinguishers, additional sighting and targeting devices, optical sights, optoelectronic sighting devices, night vision sights, lighting devices, etc;

12) permit document – a document of a standard form confirming that an individual or legal entity has the right to possess, use and dispose of weapons of the relevant category and ammunition, as well as may purchase weapons of the relevant category specified in the permit document and ammunition. Permits are divided into:

  • “appropriate license” for legal entities
  • “gun owner’s certificate” for individuals who are citizens of Ukraine;
  • other permits for foreigners regulated by this law and other laws.

13) demonstration of weapons – intentional public display of weapons in the absence of grounds and intentions for its use;

14) long-barreled firearm – any firearm that does not belong to the category of short-barreled firearm;

15) shooting – an activity that consists of one-time or regular shooting exercises for the purpose of training, improvement of shooting skills and skills in handling weapons;

16) loaded weapon – a weapon with ammunition in the chamber and a trigger mechanism;

17) weapon – a device or object specially designed to destroy, injure, damage or cause other destructive effects on living or inanimate objects and targets;

18) weapons-free zone – a building, premises, structure, territory where there is a legal prohibition of staying with weapons;

19) imitation weapons – electro-pneumatic and pneumatic weapons intended for sports and recreational activities (paintball, airsoft, airsoft, etc.) – devices that externally and structurally resemble, copy and comply with the principles of firearms, the throwing element of which serves to imitate or fix a hit without causing harm, or contains an optical device for fixing hits without using a throwing element;

20) items that imitate weapons – electropneumatic and pneumatic devices that externally and structurally resemble, copy and correspond to the principles of operation of firearms, the throwing element of which serves to imitate or fix a hit without the use of ammunition, or contains an optical device for fixing hits without the use of a throwing element;

21) a collection of weapons and / or ammunition (collection) is an orderly collection of weapons and ammunition of historical, scientific and cultural value, which is used or can be used for exhibition, scientific, research, practical or expert work, or professional development in connection with official activities;

22) combined firearms – firearms that have barrels with rifled and smooth channels;

23) ammunition components – individual components of ammunition equipment for firearms, namely: propellants (projectiles), propellant charges, capsules, cartridge cases, pellets, gaskets, containers, etc;

24) short-barreled firearms (pistols and revolvers) – the length of the barrel of which does not exceed 300 millimeters, with a total length of not more than 600 millimeters, and which is not equipped with an integral buttstock;

25) bullet and cartridge library – a collection of bullets and cartridge cases, which is formed as a result of experimental firing of weapons by the authorized body of the National Police;

26) place of permanent storage of weapons – place of registration or permanent residence (stay) of the owner of the weapon, information about which is entered in the Unified State Register of Civilian Weapons;

27) training weapons – weapons intended for the development of skills in handling weapons and blank training (training without firing);

28) award weapon – a personalized weapon that is a distinction of an individual for special services to the state, state bodies and institutions;

29) rifled firearms – firearms, the guide part of the barrel channel of which contains cuts along the entire length, designed to give the throwing element a rotational movement during the shot. Rifled firearms do not include firearms that are designed to fire ammunition for smooth-bore firearms and which are classified and certified as smooth-bore firearms in Ukraine;

30) semi-automatic firearm – a firearm that reloads itself after each shot and from which, due to its design features and technical characteristics, it is impossible to make more than one shot by pulling the trigger once;

31) main parts of firearms – barrel, drum, bolt, receiver, pistol (revolver) frame;

32) cooled weapon – a weapon constructively designed (redesigned or manufactured) exclusively for firing blank cartridges;

33) cartridge – a single-use ammunition of small arms, consisting of a throwing element (bullet, buckshot or shot charge), a cartridge case, a charge of gunpowder (other explosive), and an ignition element (primer);

34) rearmament of ammunition – the manufacture of ammunition using cartridges, new or those that have previously been fired as part of other ammunition and are suitable for reuse;

35) pneumatic weapon – a non-firearm in which a bullet or other throwing element is propelled by the force of compressed gas or a mixture of gases;

36) weapon owner’s certificate – a permit document of the established standard, which confirms that an individual who is a citizen of Ukraine has the right to possess, use and dispose of weapons of the relevant category and ammunition, and also confirms that a person can purchase weapons of the relevant category specified in the certificate and ammunition;

37) registrars of the Unified State Register of Civilian Weapons – authorized officials of the National Police, the Ministry of Justice, business entities in the sphere of arms and ammunition circulation, who have received the appropriate license, notaries, who enter information into the Unified State Register of Civilian Weapons in the manner prescribed by this Law;

38) repair of weapons – elimination of malfunctions, defects, in particular by replacing or substantial processing of the main parts of the weapon in order to restore its properties. At the same time, minor repairs and tuning are not included in the repair of weapons;

39) unloaded weapon – any weapon that is not loaded;

40) signal weapon – a firearm designed exclusively to give a sound or light signal using a signal pyrotechnic device or signal cartridges;

41) service weapon – civilian weapon owned by legal entities of private law and used by their officials to perform official duties;

42) shooting range – a specially equipped room, building, structure or territory used for shooting;

43) shooting range – a complex consisting of two or more shooting ranges and located on a separate land plot;

44) the technical administrator of the Unified State Register of Civilian Weapons (hereinafter referred to as the technical administrator) is a state unitary enterprise determined by the Ministry of Justice of Ukraine and referred to its management sphere, which carries out measures to create, implement and maintain the software of the Unified State Register of Civilian Weapons, is responsible for its technical and technological support, preservation and protection of data of this register, carries out technical and technological measures to provide, block and cancel access to the Unified State Register of Civilian Weapons, and

45) transportation of weapons and ammunition – movement of unloaded weapons, ammunition by the owner outside the place of their permanent storage in a way that excludes the immediate use of weapons. The term transportation of weapons and ammunition covers the transfer and transportation of weapons and ammunition;

46) tuning of weapons – actions aimed at improving the appearance of weapons, their ergonomics (user properties), changing tactical and technical characteristics, adaptation to the anatomy of the owner, adaptation (permanent or temporary) to a specific purpose;

47) blank cartridge – ammunition without a throwing element (projectile), which consists of a cartridge case, capsule, powder charge and primer or without primer to simulate a shot from a firearm;

48) civilian firearms and ammunition – firearms and ammunition that are not prohibited by the Law for civilian circulation, which may be owned by individuals and legal entities of private law in accordance with the procedure established by this Law;

2. All other terms in this Law are used in the meanings defined by the laws of Ukraine.

Article 2. Scope of the Law

1. This Act:

1) regulates social relations of ownership and use of weapons.

2) defines the legal grounds and procedure for civilian circulation and use of weapons and ammunition;

3) determines the classification of weapons;

4) defines the general rights and obligations of business entities whose activities are related to the production, trade, repair and use of weapons and ammunition;

5) regulates the procedure for organizing training (retraining) courses for owners of weapons;

6) defines the list of weapons prohibited for civilian circulation;

7) establishes the powers of state authorities in the sphere of arms circulation, maintenance of the Unified State Register of Civilian Weapons;

2. This Law shall not apply to:

1) objects and devices that are not designed or adapted for use as weapons, but can be used as such;

2) antique firearms manufactured before 1877 and their copies, provided that they cannot be fired with ammunition intended for firearms prohibited in civilian circulation, or ammunition for firearms, the introduction of which into civilian circulation requires a special permit;

3) weapons and ammunition owned by the state and used by state scientific and expert institutions for scientific research and expertise;

4) industrially manufactured tools, in which the principles of operation or design of firearms or pneumatic weapons are applied and which can be used exclusively for the purpose provided by their design;

5) nuclear, chemical, biological and any other weapons of mass destruction;

6) military equipment and its auxiliary equipment and weapons;

7) toy weapons or other items that are similar in appearance to weapons or ammunition, but are not;

8) signaling devices, including those that are part of the mandatory equipment of boats, yachts, ships or aircraft (objects or mechanisms structurally designed exclusively for the supply of pyrotechnic light, sound or smoke signals) and salute cartridges, that is, those cartridges that do not have a projectile and are intended to imitate shooting, salute or signal;

9) imitation weapons;

10) piercing-cutting objects and objects of impact-crushing action made for use as a weapon for the purpose of human injury and in the household or everyday life.

3. The norms of this law apply to firearms and ammunition for military purposes in the part that does not contradict the Law of Ukraine “On the Legal Regime of Property in the Armed Forces of Ukraine”.

Article 3. Categories of civilian weapons and ammunition

1. The following categories of civilian weapons and ammunition are in civilian circulation in Ukraine:

1) the first category – pneumatic weapons with a caliber of up to 4.5 mm and a muzzle velocity of up to 100 m / s; firearms for “Flaubert” cartridge with a caliber of up to 4.5 mm and ammunition; gas weapons; bows and crossbows with a bowstring tension of not more than 40 kg; other weapons that do not belong to the second, third, fourth categories and are not prohibited in civilian circulation;

2) the second category – long-barreled smooth-bore firearms; pneumatic weapons with a caliber of more than 4.5 mm and a projectile velocity of more than 100 m / s; firearms for “Flaubert” cartridge with a caliber of more than 4.5 mm and ammunition, bows and crossbows, not included in the first category;

3) the third category – long-barreled rifled and combined firearms and ammunition;

4) the fourth category – short-barreled rifled firearms and ammunition; short-barreled smooth-bore firearms designed to fire ammunition equipped with elastic throwing elements of less lethal action and ammunition.

2. Civil circulation (turnover) of weapons belonging to the first category, as well as cooled and deactivated weapons, is carried out without permits, in the manner prescribed by this Law and the Civil Code of Ukraine.

3. Civilian circulation (turnover) of weapons belonging to the second, third and fourth categories and ammunition shall be carried out on the basis of a permit and in accordance with the procedure established by this Law and the Civil Code of Ukraine.

Article 4. Weapons, ammunition and additional equipment to weapons prohibited for civilian circulation (turnover)

1. In Ukraine, they are prohibited for civil circulation (turnover) and possession by individuals and legal entities of private law:

1) automatic firearms;

2) firearms created by processing of non-firearms, or firearms in which the main parts were replaced, which led to significant changes in the properties of such weapons, if such processing and changes were carried out without the appropriate license;

3) firearms that imitate another object;

4) firearms made of materials that do not allow detection by metal detectors;

5) firearms modified in such a way that complicates its forensic identification, including weapons with illegally replaced main parts;

6) firearms without identification markings;

7) firearms that do not meet the requirements for the length of the barrel or the total length of the weapon;

8) long-barreled firearms that allow firing with a folded stock, if its length with a folded stock does not exceed 600 mm;

9) ammunition specially designed to enhance penetration and defeat protected targets;

10) ammunition of explosive, explosive or incendiary (tracer) action;

11) additional equipment to weapons for firing explosive and incendiary (tracer) ammunition;

12) smooth-bore short-barreled firearms designed to fire cartridges equipped with elastic projectiles of less lethal action with an internal barrel diameter of more than 10 millimeters;

13) short-barreled rifled firearms with a caliber of more than 13 millimeters;

14) long-barreled rifled firearms with a caliber of more than 20 millimeters;

15) long-barreled smooth-bore firearms with a caliber of more than 27 millimeters;

2. Granting the status of departmental or military firearms to certain firearms in accordance with the established procedure does not stop the civilian circulation (turnover) of other firearms of the corresponding (identical, identical) models and brands and ammunition in Ukraine.

SECTION II.
Unified state register of civilian weapons

Article 5. Unified state register of civilian weapons

1. In Ukraine, the Unified State Register of Civilian Weapons (hereinafter – the Register of Weapons) is created and maintained – the only state information and search system of weapons accounting, which contains information on the rights to weapons, as well as on the objects and subjects of these rights.

2. The register of weapons is state property.

3. The holder of the Register of Weapons is the Ministry of Justice of Ukraine.

4. Accounting of civilian weapons is a set of measures that include:

1) entering information into the Register of weapons, their accumulation, generalization, storage and transmission of information about registered civilian weapons, their owners and users;

2) verification of documents that are the basis for registration;

3) checking the absence of any encumbrances according to the State Register of Movable Property Encumbrances;

4) verification and, if necessary, examination of weapon identification numbers and inspection of weapons;

5) entering other information to the Register of Weapons provided for by the procedure for its maintenance, which is established by the Cabinet of Ministers of Ukraine.

5. Civilian weapons of the second, third and fourth categories defined by this law are subject to registration.

6. In case of application of a person entered in the Unified Register of Debtors for re-registration of weapons for the purpose of their alienation, the subjects of the Register of Weapons are obliged to refuse to perform the registration action, and notify the state executive service or private executor indicated in the Unified Register of Debtors no later than the next working day, indicating information about such weapons.

7. The procedure for registration and keeping records of service weapons is determined by the Cabinet of Ministers of Ukraine.

8. At the request of the owner or user of the weapon, the subjects of the Register of Weapons, who have the appropriate access, shall issue an extract from the Register of Weapons, which contains information about the weapon that belongs to him or to which he has the right to joint use.

9. The procurement of permit forms for civilian weapons at public expense shall be carried out in accordance with the requirements of the law by those bodies responsible for the registration of such weapons.

10. Weapons purchased, imported or manufactured for civilian use (circulation) shall be registered in the Register of Weapons at the place of sale.

11. The procedure for maintenance and functioning of the Register of Weapons shall be determined by the Cabinet of Ministers of Ukraine.

12. Modes of access of subjects and users to the Register of Weapons shall be determined by the Cabinet of Ministers of Ukraine taking into account the requirements of this Law, the Laws of Ukraine “On Protection of Information in Information and Telecommunication Systems” and “On Protection of Personal Data”.

13. Measures to create, implement and maintain the software of the Register of Weapons, technical and technological support, preservation and protection of the data of the Register of Weapons, technical and technological measures to provide, block and cancel access to the Register of Weapons shall be carried out by the technical administrator in accordance with this Law, the Laws of Ukraine “On Protection of Information in Information and Telecommunication Systems”, “On Protection of Personal Data”.

Article 6. Requirements to the content of the Unified State Register of Civilian Weapons

1. The register of weapons shall contain, in particular, the following information:

1) brand of weapon;

2) model of the weapon;

3) weapon number;

4) caliber of the weapon;

5) data for the luggage library;

6) photo, surname, name, patronymic of the owner of the weapon, his code in the State Register of the Uniformed Services, data of means of communication (for legal entities, the full name of the legal entity, organizational and legal form, identification code and location of the legal entity, as well as photo, surname, name, patronymic of the person (persons) responsible for the storage and use of weapons);

7) on the conditions of acquisition, transfer of ownership of weapons, as well as encumbrance of ownership;

8) on the permit document;

9) on passing the qualification exam;

10) on the place of permanent storage of weapons or change of the place of storage of weapons;

11) on joint ownership or use of weapons;

12) confirmation of the right to arms, suspension and termination of the permit, lifetime deprivation of the right to own arms;

13) on changing the main parts of weapons;

14) on temporary seizure of weapons or restriction of the right to arms, as well as seizure of weapons in case of deprivation of the right to arms;

15) information on bringing a person to justice for violation of the rules of use of weapons;

16) on scheduled and unscheduled inspections of weapons and ammunition storage conditions;

17) on stolen, lost and found weapons, as well as weapons that are tools or means of crime or seized in criminal proceedings.

Article 7. Subjects of the Unified State Register of Civilian Weapons

1. Subjects of the Weapons Register:

1) Ministry of Justice of Ukraine and its territorial bodies;

2) authorized bodies of the National Police of Ukraine;

3) State Customs Service of Ukraine;

4) notaries;

5) business entities in the field of arms and ammunition circulation that have received the appropriate license.

Article 8. Powers of the Ministry of Justice of Ukraine in the field of weapons registration

1. Ministry of Justice of Ukraine:

1) ensures the formation of state policy in the field of registration and accounting of weapons, their owners and users;

2) carries out normative and legal regulation in the field of registration and accounting of civilian weapons and prepares draft normative and legal acts in the field of registration and accounting of civilian weapons and ammunition;

3) approves the charter of the state enterprise – technical administrator of the Register of Arms, appoints and dismisses its head;

4) exercise control over the use and preservation of property belonging to the state enterprise – technical administrator of the Register of Arms;

5) exercise other powers provided by this Law and other laws of Ukraine;

6) establishes qualification requirements, conditions of access and deprivation of access for persons authorized to enter information into the Register of Weapons;

7) provides information on registered weapons and their owners and users, as well as encumbrances on the rights to weapons.

Article 9. Powers of the National Police

1. Bodies of the National Police:

1) ensure that information is entered into the Register of Weapons;

2) determine the powers of persons from among the employees authorized to enter information into the Register of Weapons;

3) provide information from the Register of weapons at the request of citizens and authorized bodies.

Article 10. Powers of notaries as registrars of the Unified State Register of Civilian Weapons

1. Notaries:

1) certify contracts of alienation (sale, purchase, donation, exchange) of firearms, issue certificates of inheritance of firearms in cases of submission of a permit document;

2) carry out inspection of permits;

3) enter information into the Register of weapons;

4) exercise other powers provided by this Law and other regulatory legal acts of Ukraine.

2. Registrars from among the authorized officials of business entities in the sphere of arms and ammunition turnover shall enter information into the Register of Weapons about the weapons sold by this entity.

SECTION III.
General principles of civilian circulation (turnover) of weapons and ammunition

Article 11. Ownership of civilian weapons and ammunition

1. Citizens of Ukraine who have reached the age of sixteen and legal entities headed by adults shall have the right to acquire and alienate civilian weapons and ammunition of the first category in accordance with the procedure established by the Civil Code of Ukraine and this Law.

2. Citizens of Ukraine and legal entities have the right to acquire and alienate civilian weapons and ammunition of the second, third and fourth categories in accordance with the procedure established by the Civil Code of Ukraine and this Law on the basis of a permit.

3. The right of ownership of civilian weapons of the second, third and fourth categories, their main parts and ammunition is acquired only with a permit.

4. Non-main parts of civilian weapons and additional equipment to them are in civilian circulation (turnover), defined for the first category of weapons.

5. The number of weapons of the respective category that an individual or legal entity holding a permit for weapons of this category and ammunition is not limited.

6. Production, repair and sale of civilian weapons and ammunition in Ukraine is carried out by business entities that have the appropriate license for this type of activity.

7. Restrictions on the capacity of detachable and integral magazines of civilian weapons and / or the use of additional equipment may be established exclusively by the laws of Ukraine or regulations (rules) of sports competitions.

8. Possession, use and disposal of weapons by citizens of Ukraine shall be subject to the presence of a weapon owner’s certificate.

9. Possession and disposal of weapons by legal entities shall be carried out on the basis of the relevant license. The use of weapons belonging to legal entities is carried out in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.

10. The emergence of the right of ownership of weapons is not related to the entry of information in the Register of weapons. The use of weapons without entering information in the Register of Weapons is prohibited.

11. The use of weapons of the second, third and fourth categories without a valid contract of civil liability insurance of the owner of the weapon is not allowed.

Article 12. Certificate of the owner of the weapon

1. Citizens acquire the right to purchase civilian weapons of the second, third and fourth categories after obtaining a certificate of the owner of weapons of the corresponding category. The certificate contains information about the owner, as well as the category (categories) of weapons that the person has the right to acquire.

2. The gun owner’s certificate is issued for a period of five years. The validity of the gun owner’s certificate shall be extended in accordance with the procedure specified in Article 16 of this Law. The procedure for issuing certificates and their form is established by the Cabinet of Ministers of Ukraine.

3. No gun owner’s certificate is required to purchase weapons of the first category.

4. The purchase of ammunition for civilian firearms is carried out in the presence of a weapon owner’s certificate. A person has the right to purchase ammunition and ammunition components (powder, capsules) mentioned in this part of the Article for weapons only of the category for which he/she has a permit.

5. Cartridges and throwing elements for pneumatic, gas, cooled weapons, weapons for “Flaubert” cartridge up to 4.5 millimeters inclusive do not belong to ammunition, and their civilian circulation is not restricted.

6. The circulation (turnover) of firearms ammunition components (except for powder and capsules) occurs without any permits – they are sold, transferred, acquired or alienated without restrictions.

7. Weapon owner’s certificate shall be issued by the National Police at the place of registration of a person within five working days from the date of submission of documents specified by this Law.

Article 13. Conditions for obtaining a gun owner’s certificate by citizens

1. The right to obtain a permit of the second, third and fourth categories is granted to legally capable, mentally healthy citizens of Ukraine who do not have a criminal record for: crimes against the foundations of national security of Ukraine; grave and/or especially grave intentional crimes against the life or health of a person regardless of qualification under the articles of the Criminal Code of Ukraine; crimes against sexual freedom and sexual inviolability of a person; crimes against peace, security of mankind and international law and order; crimes for which liability is provided for by articles: 146, 146-1, 147, 149, 255 – 258-5, from the Criminal Code of Ukraine.

2. To obtain a permit of the second, third and fourth categories, a citizen is obliged to submit to the National Police body at the place of his/her registration:

1) an application in the form established by the National Police;

2) a copy of the medical certificate (conclusion) of the established form provided by the medical advisory commission on the absence of medical contraindications for possession of weapons.

3) a copy of the standard certificate of completion of training courses for gun owners;

4) a copy of the passport of a citizen of Ukraine;

5) a copy of the identification code according to the State Registration Service;

6) a copy of the document confirming the payment for the permit issuance services.

3. The originals of the documents referred to in sub-clauses 2 – 6 of clause 2 of this Article shall be provided by the applicant for inspection by an authorized officer of the National Police when submitting the application. In case a citizen sends an application for a second, third and fourth category firearms owner’s certificate to the authorized body by mail or courier service, copies of the documents specified in subparagraphs 2-6 of Part 2 of this Article, as well as the applicant’s signature on the application shall be notarized.

4. For the issuance of a gun owner’s certificate, citizens shall be charged a fee in the amount of 0.01 minimum wage, the amount of which is set on the first of January of the year in which the gun owner’s certificate is issued.

5. Citizens of Ukraine who have reached the age of 18 may obtain a permit for weapons of the second category in accordance with the procedure established by this Law.

6. Permits for weapons of the third and fourth categories may be obtained in accordance with the procedure established by this Law by citizens of Ukraine who have reached the age of 21.

7. In order to obtain a permit document by citizens, taking into account the special responsibility that is assigned to the owner of the weapon, a special procedure for medical examination is established to obtain a certificate (conclusion) of a health care institution. The Cabinet of Ministers of Ukraine establishes the procedure for medical examination and the form of the certificate, as well as the list of diseases and physical disabilities, in the presence of which the permit document is not issued.

8. Citizens who intend to purchase a weapon for the first time must undergo training courses for weapon owners, and upon their completion provide the relevant certificate to the National Police.

9. A person who has a permit for a weapon of a certain category and wishes to have a weapon of another category must undergo qualification courses on handling weapons of the corresponding category and obtain a permit of the corresponding category. Qualification courses are conducted on the basis of training courses for owners of weapons.

10. Officers of the Armed Forces of Ukraine, the Ministry of Internal Affairs, the Security Service of Ukraine, retired (except for persons dismissed in connection with the implementation of a disciplinary sanction in the form of dismissal from service, dismissed for incompetence) or in the reserve, who have served in positions for at least 2 years, who intend to acquire civilian weapons, are exempt from taking training courses for owners of weapons, but must pass a qualification exam.

Article 14. Conditions for obtaining a permit by legal entities of private law

1. The right to possess weapons of the second, third and fourth categories is granted to legal entities of private law that have received the appropriate license.

2. To obtain a permit document by legal entities of private law, the head of such entity shall submit:

1) an application in the form established by the National Police;

2) a copy of the license for security activities;

3) an order on the appointment of employees of such legal entity responsible for the storage and use of weapons;

4) contract of compulsory professional liability insurance;

5) a document confirming the payment for the permit issuance services.

3. Only citizens who are in labor relations with such a legal entity and have a certificate of the owner of weapons of the corresponding category have the right to use weapons belonging to a legal entity.

4. A permit document for weapons shall not be issued to legal entities of private law that have a license for trade, repair and production of firearms and ammunition, and the acquisition, possession, use and disposal of weapons and ammunition shall be carried out in accordance with this law and license conditions.

Article 15. Refusal to issue a permit document

1. The grounds for refusal to issue a permit are:

1) submission by the applicant of documents or information specified by this Law, not in full;

2) non-compliance of documents with the requirements established by this Law;

3) a court decision, which has entered into force, to restrict the civil capacity of the applicant or to recognize him as an incapacitated person;

4) presence in the Register of Weapons of information on bringing a person to responsibility for violation of the rules of handling weapons in case if 1 (one) year has not expired from the date of bringing the applicant to responsibility;

5) being on the preventive register in connection with the commission of domestic violence;

6) unexpunged or not removed in accordance with the procedure established by law conviction for intentional grave and/or especially grave crimes against life and health of a person; crimes against sexual freedom and sexual inviolability of a person; crimes against the foundations of national security of Ukraine; crimes for which liability is provided for by Art: 146, 146-1, 147, 149, 255 – 258-5 of the Criminal Code of Ukraine;

7) a court decision, which has entered into force, on lifelong deprivation of the right to own weapons;

8) a person is under the age for possession of weapons established by this Law;

9) lack of registered place of residence (stay).

2. The decision to refuse to issue a permit (indicating the grounds for refusal) shall be taken by the National Police in writing and delivered (sent by post to the address specified in the application) to the applicant within three working days from the date of submission of documents for obtaining a permit.

3. Refusal to issue a permit document does not deprive a person of the right to re-apply for a permit document in case of elimination of the grounds for refusal in the previous issuance.

4. Refusal to issue a permit may be appealed in court.

Article 16. Confirmation of the right to own weapons

1. The validity of the permit document of the respective category shall be extended for five years from the date of its receipt, or from the date of the previous extension.

2. Citizens who are owners of weapons of the second and third categories shall extend the validity of the certificate of the owner of the weapon of the corresponding category by submitting to the National Police, a certificate (conclusion) of the established sample of the health care institution on the absence of medical contraindications for the possession of weapons.

3. Citizens who are owners of weapons of the fourth category shall extend the validity of the certificate of the owner of weapons of the corresponding category by submitting to the National Police a certificate (conclusion) of a health care institution stating that the person can own weapons for health reasons, as well as a certificate of passing the qualification exam of the owner of weapons of this category.

4. The qualification exam is conducted on the basis of training courses for gun owners.

5. If the person fails to provide all the required documents within the period specified in this Article, the permit shall be suspended until the required documents are provided. The validity of the suspended permit may be extended by submitting the necessary documents within 90 days.

6. The validity of the suspended permit document may be extended by submitting the necessary documents after the expiration of the term specified in part five of this Article in case of confirmation of the validity of the reasons for non-compliance with the term.

7. Information on the extension of the permit shall be entered in the Register of Weapons.

Article 17. Suspension, termination and renewal of the permit document

1. The permit shall be suspended in the following cases:

1) failure to submit in due time the documents specified in Article 16 of this Law;

2) serving a notice of suspicion to a person in the manner prescribed by the Criminal Procedure Code of Ukraine in committing crimes under Art. 13 ч. 1 of this Law;

3) preventive registration in connection with the commission of domestic violence by the owner of the weapon;

4) the inability of the National Police to check the conditions of storage of weapons and ammunition for two years due to the absence of the owner at the registered place of residence or at the place of residence of the owner of the weapon, which was additionally reported to the authorized body;

5) repeated bringing to administrative responsibility for violation of the conditions of storage of weapons and ammunition during the year.

2. During the suspension of the permit document of the relevant category, the use of weapons, purchase of weapons and ammunition to it by the person whose permit document is suspended is prohibited.

3. The validity of the permit document is renewed under the condition:

1) submission of all documents required for the extension of the permit;

2) closure of the relevant criminal proceedings or entry into force of the acquittal;

3) removal of the weapon owner from the preventive registration in connection with the commission of domestic violence;

4) providing the owner of the weapon with the opportunity to check the conditions of storage of weapons and ammunition;

5) provision by the owner of the weapon of information on elimination of violations of the conditions of storage of weapons within the period specified by this Law;

4. Information on suspension and renewal of the permit shall be entered into the Register of Weapons by the National Police.

5. The permit for weapons shall be terminated in the case of:

1) expiry of the period of confirmation of the right to own weapons provided for in Article 16 of this Law in the absence of valid reasons that make it impossible to timely confirm the right to own weapons;

2) repeated loss of firearms within one year due to negligent attitude to the rules of its carrying, transportation or storage;

3) voluntary refusal of a person from a permit document on the basis of his/her written application;

4) lifetime deprivation of the right to arms by a court decision that has entered into force;

5) death of the owner of the weapon;

6) liquidation of a legal entity of private law;

7) entry into force of a court verdict of guilty against a person for committing crimes under Part 1 of Article 13 of this Law;

8) restriction of civil capacity of an individual, recognition of an individual as incapacitated, missing or declared dead by a court decision that has entered into force;

9) deterioration of a person’s health to a state that excludes the possibility of possessing weapons, which is confirmed by the conclusion of a health care institution at the request of family members or guardianship and custody authorities;

10) failure to provide information by the owner of the weapon on the elimination of violations of the conditions of storage of weapons and ammunition within the period specified by this Law.

6. Termination of the permit deprives the holder of the right to possess the weapons and ammunition of the appropriate category.

7. In case of termination of the permit, the owner or his legal representative or heir is obliged to transfer the weapons and ammunition for safe keeping to a person who has a permit of the corresponding category, or to transfer the weapons to the National Police for storage or destruction.

8. The decision to suspend the permit shall be made in writing by the National Police body and delivered to the person (sent by post to the address indicated in the application) in respect of whom it was made.

9. The decision to terminate the permit shall be made on the basis of a reasoned court decision at the request of the National Police. A copy of the petition, together with the materials by which it is substantiated, shall be handed over to the person (sent by post to the address indicated in the application), in respect of whom the procedure for termination of the permit document was initiated.

10. Termination of a permit does not prevent a person from applying to the National Police for re-obtaining a permit.

11. Information on the termination of the permit shall be entered in the Register of Weapons.

12. Suspension and termination of the permit may be appealed in court.

Article 18. Joint possession and use of civilian weapons and ammunition

1. Permitted weapons in civilian circulation may be jointly owned by persons who have a permit of the appropriate category.

2. The owner of a weapon may, by written consent, grant the right to possess and / or use his own weapon to other persons who have a permit of the appropriate category.

3. Information on joint owners, possessors and users of weapons, place of permanent storage of weapons, restrictions on the use, possession or disposal of joint weapons shall be entered in the Register of Weapons.

4. Joint possession, use and disposal of weapons by citizens of Ukraine and legal entities is not allowed.

5. A co-owner, a person who jointly owns and a joint user, whose permit has been terminated, shall not have the right to keep joint weapons.

6. The procedure for joint ownership, possession and use of joint weapons shall be carried out in compliance with the requirements of Article 16 of this Law.

7. Persons jointly possessing, using and disposing of weapons, in case of violation of the legislation regulating civilian circulation of weapons, shall bear individual responsibility as defined by this Law.

Article 19. Reward weapons

1. A person who received a weapon as a reward shall be obliged to obtain a permit for the relevant category of weapons in accordance with the procedure established by this Law.

2. Before obtaining a permit of the appropriate category, the owner of the award weapon has the right only to store this weapon at the registered place of residence and has no right to carry it, transport it, as well as purchase ammunition for it.

3. Information on award weapons shall be entered into the Register of Weapons.

Article 20. Weapon found

1. The found weapons shall be subject to the provisions of Article 337 of the Civil Code of Ukraine, taking into account the provisions of this Law.

2. Information about the found weapon, if it is not yet registered and does not belong to firearms for military purposes, shall be entered in the Register of Weapons.

3. The person who found the weapon is obliged to inform the National Police as soon as possible about the fact of finding the weapon, the location of the weapon and other circumstances related to its finding.

4. The found weapons are subject to seizure by the National Police for further inspection.

5. A person who has found a weapon shall have the right to register this weapon with him/her if he/she has a permit of the appropriate category or will receive a permit of the appropriate category within 180 days in accordance with the procedure established by this Law.

6. A person who has found a weapon, but does not have a permit of the appropriate category and does not receive a permit of the appropriate category within 180 days in accordance with the procedure established by this Law, or declares in writing his/her unwillingness to obtain the appropriate permit, has the right to alienate the found weapon to a person (persons) who has a permit of the appropriate category.

7. If a person who has found a weapon but does not have a permit of the appropriate category and does not obtain a permit of the appropriate category within 180 days in accordance with the procedure established by this Law, or declares in writing his/her unwillingness to obtain the appropriate permit and does not exercise the right to alienate the found weapon to a person (persons) who has a permit of the appropriate category within 12 months, the found weapon shall be sold at an auction in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

8. A person shall be denied registration of a found weapon if the Register of Weapons contains information about its owner, or there is evidence that the weapon was an instrument or object of a crime, or the weapon is in a technical condition that does not allow its use for the intended purpose, or the weapon is prohibited for civilian circulation and cannot be processed at the expense of the person who wishes to register it for himself to a condition that allows its civilian circulation.

9. The procedure for checking the found weapon for the presence of grounds for its registration by the person who found it is determined by the Ministry of Internal Affairs of Ukraine.

10. The person who found the weapon and handed it over to the National Police shall be paid a reward. No remuneration shall be paid to the person who registered the found weapon in his/her name or exercised the right of alienation in accordance with the procedure provided for in paragraph 6 of this Article.

11. The amount of remuneration and the procedure for its payment shall be determined by the Cabinet of Ministers of Ukraine.

SECTION IV.
General principles of exercising the right and performing the duties of the owner of civilian weapons

Article 21. Rights and obligations of civilian weapons owners

1. Owners of civilian weapons have the right:

1) possess weapons and ammunition in accordance with the procedure established by this Law;

2) use weapons and ammunition in accordance with the procedure established by this Law and the legislation of Ukraine;

3) to dispose of weapons and ammunition in the manner prescribed by law;

4) independently carry out tuning, minor repairs and maintenance of weapons.

2. Gun owners are obliged:

1) to comply with the requirements for carrying and transporting weapons and ammunition as defined by this Law;

2) ensure proper storage of weapons and ammunition;

3) use weapons and ammunition in compliance with safety requirements;

4) within 30 (thirty) days to notify the National Police of the change of residence registration or change of the place of permanent storage of weapons and ammunition;

5) timely confirm the right to own weapons;

6) to provide access to the places of storage of weapons and ammunition for authorized officers of the National Police to carry out official inspections of places of storage of weapons and ammunition, as well as to provide a permit document for review.

Article 22. Responsibility and restrictions on the rights of owners of civilian weapons and ammunition

1. The right to own civilian weapons and ammunition may be restricted in cases envisaged by this Law.

2. The decision on seizure of weapons and ammunition, termination or suspension of the permit, refusal to issue it, as well as other decision restricting the rights of owners of weapons and ammunition provided by this Law, shall be stated in writing and shall contain the grounds and reasons for its adoption. Such decision must be communicated to the person in respect of whom it was made within three working days from the date of its adoption.

3. The decision on seizure of weapons and ammunition, termination or suspension of the permit, refusal to issue it, as well as other decisions restricting the rights of owners of weapons and ammunition may be appealed by a person in court in accordance with the procedure established by the legislation of Ukraine.

4. It is prohibited to pledge weapons and ammunition or encumber them in any other way by establishing property rights in favor of third parties, except for encumbrances established by a court decision.

Article 23. Sale and other alienation of civilian weapons and ammunition

1. The owner of a civilian weapon may sell his/her weapon and/or ammunition through business entities that have the appropriate license for arms trade or by concluding a civil law transaction subject to notarization. The information about the change of the owner of the weapon is entered in the Register of Weapons.

2. A citizen of Ukraine who owns a weapon has the right to transfer it to the National Police for destruction.

3. Weapon owners have the right to alienate ammunition they legally possess to other persons who have a permit of the appropriate category.

Article 24. Inheritance of civilian weapons and ammunition

1. Simultaneously with the registration of the death of the owner of a weapon, authorized officials of the Ministry of Justice of Ukraine shall make a corresponding entry in the Register of Weapons.

2. Heirs who have not received a gun owner’s certificate do not have the right to use the testator’s weapons and ammunition.

3. Heirs who have inherited have the right to transfer weapons and ammunition for transportation and storage to a person who has the appropriate permit.

4. Weapons or ammunition included in the deceased inheritance shall be transferred to the National Police at the place of registration of the inheritance. Weapons or ammunition transferred in this way are considered voluntarily surrendered.

5. If the weapons or ammunition of a deceased person within 180 days from the date of death (declaration of death) are not transferred for storage or possession of a person who has the right to keep weapons, such weapons shall be seized on the basis of a court decision at the request of the National Police on the terms of paid seizure of property. The funds after the sale of weapons are included in the inheritance.

Article 25. Storage of civilian weapons and ammunition

1. Citizens of Ukraine who have a permit of the appropriate category have the right to permanently store weapons and ammunition at the place of their registration or at their place of residence. Storage of weapons of other persons is allowed only in cases stipulated by this Law.

2. Weapons of the second, third and fourth categories in the absence of its owner at the place of storage of weapons must be stored in safes (metal cabinets) to prevent access to it by unauthorized persons.

3. The safe (metal cabinet) for storing weapons must meet the following requirements:

1) made of metal with a thickness of at least 1.5 mm;

2) equipped with at least one locking device (lock) mechanical, electromechanical, electrical or other. actions;

3) if the weight of an empty safe (metal cabinet) for storing weapons and ammunition is less than 30 kg and the overall dimensions of the safe (metal cabinet) for storing weapons and ammunition are less than 500 mm by 300 mm by 350 mm, the unimpeded movement of such a safe must be impossible.

4. Ammunition for weapons of the second, third and fourth categories must be stored in a way that ensures their safe storage and prevents access to them by unauthorized persons.

5. If the place of residence does not correspond to the place of registration, as well as in case of change of residence and / or change of the place of storage of weapons and ammunition, the owner of the weapon within 30 (thirty) calendar days must notify the National Police to enter the relevant data into the Unified State Register of Civilian Weapons.

6. If a citizen owns more than five firearms of any category, the owner is obliged to equip the place of storage with an alarm system.

7. The owner of a weapon has the right to temporarily store weapons and ammunition at his place of work in a metal cabinet or safe in a manner that prevents access to weapons and ammunition by unauthorized persons.

8. Inspections of compliance with the conditions of storage of weapons and ammunition of legal entities shall be carried out by authorized officers of the National Police at the place of storage of weapons and ammunition in accordance with the procedure established by the Law of Ukraine “On Basic Principles of State Supervision (Control) in the Sphere of Economic Activity”.

9. Inspections of compliance with the conditions of storage of weapons and ammunition at the place of residence of individuals are carried out with their consent by authorized officers of the National Police, and at the request of the owner of the weapon or a person who jointly owns the weapon. The inspection of the place of storage of weapons and ammunition is carried out in the presence of at least two persons who are not employees of the National Police. The protocol of inspection of storage conditions is drawn up at the request of the owner of the weapon, as well as in case of violations, regardless of the consent of the owner of the weapon.

10. In case of detection of violation of the conditions for storage of weapons and ammunition defined by this Law, the authorized person who conducted the inspection shall issue an order to eliminate the detected violations, which shall be handed to the owner of the weapon against his/her signature and shall be executed by the owner of the weapon within 30 (thirty) working days from the date of its delivery.

11. The owner is obliged to notify the authorized person who issued the order to eliminate the violations of the conditions of storage of weapons in writing within the specified 30 (thirty) working days, or provide information on appealing the said order in court.

Article 26. Carrying and transporting civilian weapons and ammunition

1. Citizens of Ukraine who have a permit of the appropriate category for weapons and ammunition have the right to carry them.

2. Weapons and ammunition of the fourth category shall be carried in a way that is convenient for the owner and safe for him and others (holsters, covers, bags, etc.), which reliably keep the weapon from falling out, regardless of its position relative to the body.

3. Carrying weapons and ammunition of the fourth category in public places is carried out concealed from others, in a way that makes it impossible to accidentally lose weapons and ammunition, or take possession of them by third parties, as well as accidentally cause damage to third parties.

4. Open carrying in public places of firearms and deactivated weapons, as well as models of real weapons in the position of readiness to fire and unreasonable demonstration in a threatening manner is prohibited and entails liability under the current legislation of Ukraine.

5. Carrying weapons of the second and third categories outside the home, household, shooting range, shooting range is allowed only in cases of engaging in certain types of activities with civilian weapons, including for public safety. In all other cases, carrying weapons of the second and third categories is allowed in cases, cases, covers or other means for transporting weapons. In all other cases, carrying weapons of the second and third categories is prohibited.

6. Rules for carrying service weapons and weapons belonging to legal entities are determined by the Cabinet of Ministers of Ukraine.

7. Carrying weapons is allowed only if the owner has a permit.

8. Owners of weapons and ammunition have the right to transport them.

9. Weapons and ammunition must be transported in specially designed means (holster, case, etc.) in a way that ensures the safety of the owner and others, their safe storage and prevents unauthorized access to them. Weapons must be unloaded during transportation.

10. Carrying and transportation of firearms by a person who is under the influence of alcohol, drugs or other intoxication or under the influence of drugs that reduce attention is prohibited and is the basis for temporary seizure of such weapons.

11. Carrying and transportation of firearms in places of public mass events during their holding is prohibited.

12. Transportation of more than one hundred civilian firearms shall be accompanied by armed guards.

13. Civilian firearms and ammunition may be sent by special-purpose postal means.

Article 27. Repair of civilian weapons and replacement of main parts of weapons

1. Repair of civilian weapons, including the replacement of its main parts, shall be carried out exclusively by business entities that have the appropriate license.

2. Information on the replacement of the main parts of weapons shall be entered into the Register of Weapons by business entities that have the appropriate license for the repair of weapons or upon their notification by the National Police. It is prohibited to return the weapon to the owner after repair without making appropriate entries in the Register of Weapons and in the weapon card.

3. Repair and replacement of the main parts of the weapon does not include the replacement of the barrel for smooth-bore long-barreled firearms by the owner of the weapon, provided that such barrel is manufactured by the manufacturer for installation on this model of weapon and purchased in accordance with the procedure provided for by this Law, as well as replacement of replaceable muzzle constrictions (chokes) for smooth-bore long-barreled firearms.

4. Rifled or combined firearms of the third and fourth categories with the main parts replaced, except for the receiver, are subject to shooting for the bullet library.

Article 28. Production and redistribution of civilian ammunition

1. Owners of civilian weapons of the second, third and fourth categories have the right to independently manufacture and reload ammunition for their own weapons for their own needs, if this ammunition is not prohibited in civilian circulation.

2. It is prohibited to independently manufacture and reload ammunition for short-barreled smooth-bore firearms designed for firing ammunition equipped with less lethal throwing elements.

Article 29. Collection and exhibition of weapons and ammunition

1. Citizens of Ukraine have the right to collect and exhibit weapons and ammunition in compliance with the requirements of this Law.

2. The exhibited weapons must be stored in locked and/or mechanically closed cases or securely attached to the floor, wall or other building structure. Exhibited ammunition must be kept in locked and/or mechanically closed cases.

3. The premises where weapons are exhibited must be equipped with an alarm system and be guarded.

Article 30. Temporary restriction of ownership of civilian weapons and ammunition

1. Restriction and deprivation of ownership of civilian weapons and ammunition during criminal proceedings shall be carried out in accordance with the procedure established by the Criminal Procedure Code of Ukraine.

2. The right to own weapons and ammunition may be temporarily restricted only on the basis of a reasoned court decision. In cases stipulated by this Law, the National Police shall apply to the court at the registered place of residence of the owner of the weapon (if there is no such place, then at the last place, information about which is entered in the Register of Weapons) for temporary restriction of the right of ownership of civilian weapons and ammunition.

3. Temporary seizure of weapons and ammunition without a court decision is allowed in the manner prescribed by this Law.

4. Temporary seizure of weapons and ammunition from the owner is allowed in case of suspension of the permit, except:

1) suspension due to the inability to check the conditions of storage of weapons and ammunition due to the absence of the owner at the place of storage of weapons in accordance with the information of the Register of Weapons;

2) detection of violations of weapons storage conditions in the manner prescribed by this Law.

5. Temporary seizure of weapons by officers of the National Police without a court decision is allowed for a period of not more than seventy-two hours, during which the National Police body is obliged to apply to the court at the registered place of residence of the owner of the weapon (if there is no such place, then at the last place of registration or residence, information about which is entered in the Register of Weapons) or at the place of actual seizure of weapons for temporary restriction of the right of ownership of civilian weapons and ammunition. Such a court decision determines the procedure and scope of restriction of ownership of weapons and ammunition.

6. If a body of the National Police does not apply to court in the manner specified in the first paragraph of part three of this Article, the weapon shall be immediately returned to its owner.

7. During the seizure of weapons, video and photo recording is carried out and a detailed description of the condition of the weapon and installed additional equipment is made with the entry of this information in the protocol, a copy of which is provided to the person from whom the weapon was seized. The protocol must contain information on the make, model and marking (serial number) of weapons and additional equipment, including interchangeable barrels, etc., as well as information on the number of seized ammunition, their caliber.

8. Seized weapons and ammunition shall be returned to the owner in case of renewal of the permit. Weapons and ammunition shall be returned within 3 (three) working days from the date of renewal of the permit. An appropriate act is drawn up on the return of weapons and ammunition, which indicates information on the condition of the weapon and a list of additional equipment installed on the weapon at the time of return, as well as the list and quantity of ammunition to be returned.

9. Seized weapons may be reclaimed by the owner (his heirs, successors) within ten years from the date of seizure. The seized weapon is returned to another person who has a permit of the appropriate category and to whom the owner of the seized weapon has transferred the weapon and ammunition for safe custody on the basis of an agreement. In this case, the National Police shall be provided with a copy of the agreement on the transfer of weapons for safe custody to another person, and the National Police shall enter the relevant information in the weapons register.

Article 31. Deprivation of ownership of weapons and ammunition

1. After termination of the permit document, all available weapons and ammunition of the relevant category shall be seized from the owner on the basis of a reasoned court decision in the manner prescribed for paid seizure of property.

2. Prior to the entry into force of such a court decision, the owner may alienate or transfer the weapon for safe custody to another person who has a permit of the appropriate category, and the relevant information shall be entered in the register of weapons.

3. Weapons and ammunition are seized by the National Police officers on the basis of a reasoned court decision. The National Police apply to the court at the registered place of residence of the owner of the weapon to obtain permission to seize civilian weapons and ammunition for the purpose of their sale or destruction.

4. Seized weapons and ammunition shall be transferred for storage to the National Police for further sale to the owner (heir) or destruction.

5. Seized weapons and ammunition may be transferred for destruction with the written consent of the owner of the weapon (heir) or his legal representative.

6. Weapons and ammunition seized and not claimed within 10 years by the owner or authorized person shall be sold at auction in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

7. The procedure for sale and destruction of seized weapons and ammunition shall be established by the Cabinet of Ministers of Ukraine.

Article 32. Shooting of civilian weapons for kulehilzoteka

1. Ukraine maintains an information bullet trace library of traces left on bullets and cartridges fired from firearms. The procedure for maintaining the cigarette libraries is determined by the National Police of Ukraine.

2. Civilian firearms, which are registered for the first time for a citizen, must be fired to obtain the necessary data for the firearms registry. The obligation to shoot weapons is assigned to business entities that have the appropriate license for the manufacture, trade and/or repair of weapons. Information on the firing of weapons and the data received for the bulletproof glass library are entered into the Register of Weapons by business entities that have the appropriate license for the manufacture, trade and / or repair of weapons or at their request by the National Police.

3. The firing of weapons owned by a citizen, including during the examination in criminal proceedings, shall be carried out in the presence of the owner of the weapon and/or his/her defender or other authorized representative.

4. The procedure for firing weapons is determined by the National Police.

Article 33. Temporary transfer of civilian weapons and ammunition

1. Transfer of weapons of the second, third, fourth categories and ammunition to it by the owner to a third person who does not have a permit of the corresponding category is prohibited, except for cases:

1) temporary transfer for familiarization with weapons within shooting ranges and shooting ranges, as well as in the premises or other possession of the owner of the weapon in his presence;

2) temporary transfer of weapons and ammunition during sports shooting competitions to athletes-members of sports organizations within shooting ranges and shooting ranges where competitions are held;

3) temporary transfer of weapons and ammunition to underage family members of the weapon owner.

2. Temporary transfer for transportation of weapons and ammunition of the second, third, fourth categories by the owner of these weapons to a third person who has a permit of the corresponding category for a period not exceeding three days is allowed. The fact of the transfer of weapons for transportation is documented by an act, which indicates the place, date and time of the transfer of weapons, its brand, number and model. The act is made in two copies, the weapon is transported together with the permit. When returning the weapon to the owner, an act is drawn up.

3. The owner of the weapon has the right to transfer the weapon for storage to a business entity licensed to trade, and/or repair, and/or manufacture, and/or operate shooting ranges and shooting ranges. The fact of the transfer is documented by an act, which indicates the place, date and time of receipt of the weapon, its brand, number and model. Information on the transfer of weapons for storage is entered into the Unified State Register of Civilian Weapons by business entities that received such weapons for storage or upon their notification by the National Police.

4. In case of a long (more than three months) business trip, or military training or conscript service in the Armed Forces of Ukraine, as well as in the presence of other valid reasons, the owner of the weapon has the right to transfer his weapon for temporary storage, without the right to use, to a person who has a permit of the appropriate category, subject to notification of the National Police for entering the relevant information into the Unified State Register of Civilian Weapons.

5. Temporary transfer to individuals of civilian weapons and ammunition belonging to shooting ranges and shooting ranges shall be allowed only in the form of rental of weapons within such shooting ranges and shooting ranges.

SECTION V.
Use of weapons for protection.

Article 34. The use of civilian weapons and ammunition to protect against unlawful encroachments.

1. Persons who have the right to possess and use weapons have the right to use weapons:

1) to protect themselves or other persons from criminal offenses or attempts to commit them;

2) to protect their property and/or property of other persons from criminal offenses or attempts to commit them;

3) to detain a person who commits a criminal offense, or immediately after committing a criminal offense or during the continuous prosecution of a person suspected of committing a criminal offense;

4) to protect against an animal attack that directly threatens human life or health, or to immediately prevent a real threat of such an attack.

2. A person has the right to take out a firearm and make it ready for use if he/she believes that in the current situation it may be necessary to use it.

3. Responsibility for the illegal use of weapons is established by the laws of Ukraine.

4. If a person is harmed as a result of the use of weapons, the person who used the weapon, after making sure that there is no threat to his/her life or health, must call an emergency (ambulance) for the victim and notify the National Police of the incident.

5. A person who has lawfully used a weapon shall not be subject to administrative or criminal liability and shall not be obliged to compensate for damage (moral and/or material) caused as a result of the use of a weapon. The obligation to compensate for the damage caused as a result of the lawful use of weapons shall be imposed on the person (persons) who committed the unlawful acts that led to the use of weapons or on the heirs of such persons, within the value of their shares of property inherited from the offender.

Article 35. Weapon-free zones

1. There are weapons-free zones in the premises and on the territory of state, enterprises, institutions and organizations determined by the Cabinet of Ministers of Ukraine.

2. There are weapons-free zones in the premises and on the territory of municipal enterprises, institutions and organizations determined by the decision of the relevant local self-government body.

3. In buildings, premises, structures and territories of non-state ownership, the status of a weapons-free zone is established by the decision of the owner of such real estate.

4. All entry points to the weapons-free zone and/or the boundaries of its territory shall be marked with appropriate information signs placed in a conspicuous place.

5. Weapon-free zones determined by the Cabinet of Ministers of Ukraine shall be provided with armed guards and a guarded place for temporary responsible storage of weapons.

6. If the conditions for the presence of armed guards in the places specified in parts one and two of this Article are not provided, and / or if there is no place guarded by an armed guard for temporary responsible storage of weapons belonging to visitors (employees, etc.), such a building, structure, premises or territory is not a weapons-free zone, despite any designations or decisions of authorized state or local authorities.

SECTION VI.
Economic activity in the field of circulation (turnover) of weapons and ammunition

Article 36. Activities on production, repair, trade in weapons and ammunition

1. Production and trade of civilian weapons and ammunition, repair of civilian weapons is carried out by business entities in accordance with the license obtained in accordance with the Law of Ukraine “On Licensing of Economic Activities”.

Article 37. Shooting ranges and firing ranges

1. Shooting ranges and shooting ranges are created and function in Ukraine for the purpose of shooting in order to improve the skills of ownership of weapons, shooting sports, conducting sports shooting events, training citizens in shooting, training of owners of weapons and familiarization shooting, as well as other activities related to shooting.

2. The activities of shooting ranges and shooting ranges shall be carried out in accordance with the license obtained in accordance with the Law of Ukraine “On Licensing of Economic Activities”.

Article 38. Activities of training courses for gun owners

1. Citizens who wish to purchase weapons must master the principles of Ukrainian legislation on weapons, the rules of safe handling of weapons, know their technical characteristics, and have practical skills in handling weapons.

2. To ensure the proper level of citizens’ acquisition of skills in handling weapons and ammunition in Ukraine, training (retraining), training courses for weapons owners are created and function.

3. Weapons owners’ training courses are conducted on the basis of the Standard training program for training and retraining of weapons owners, which is approved by the Cabinet of Ministers of Ukraine.

4. The courses should include a theoretical part on knowledge of the basics of legislation on the circulation (turnover) and use of civilian weapons, the rules of safe handling, the material and technical part of the weapon and the practical part. The courses end with an exam, which is taken by a representative of the National Police and a representative of the organization where the courses are held.

5. On the basis of training courses for owners of weapons, qualification courses on handling weapons of the relevant category are conducted and regular qualification examinations of owners of weapons of the fourth category are taken. Completion of the qualification course is the basis for obtaining a weapon owner’s certificate of the appropriate category.

6. The activity of the training courses for gun owners is carried out in accordance with the obtained license according to the Law of Ukraine “On licensing of economic activities”.

SECTION  VII.
Possession and use of civilian  weapons and ammunition by foreigners and stateless persons on the territory of Ukraine. Temporary import of civilian weapons and ammunition into the territory of Ukraine, temporary export of civilian weapons and ammunition from the territory of Ukraine

Article 39. Possession and use of civilian weapons and ammunition by foreigners and stateless persons on the territory of Ukraine

1. Foreigners and stateless persons temporarily staying on the territory of Ukraine have the right to purchase civilian weapons and ammunition of the first category only.

2. Foreigners and stateless persons staying on the territory of Ukraine have the right to temporarily use weapons and ammunition of the second, third and fourth categories on the conditions of temporary receipt of weapons belonging to shooting sports organizations, while participating in sports competitions, sports classes and trainings, as well as on the conditions of receiving weapons for rent at a shooting range or shooting range.

Article 40. Temporary import of civilian weapons and ammunition into the territory of Ukraine

1. Foreigners and stateless persons have the right to temporarily import into the territory of Ukraine civilian weapons and ammunition owned by them on the right of ownership for hunting, participation in exhibitions and sports competitions, sports activities and training.

2. Temporary importation by foreigners and stateless persons of civilian weapons and ammunition belonging to them to Ukraine shall be carried out in the presence of the relevant permit document and on the basis of the invitation of the organizer of hunting, exhibition, sports competitions, sports activities and training, as well as a permit for temporary importation of civilian weapons and ammunition issued in accordance with the procedure established by the Ministry of Internal Affairs.

3. Term of temporary importation by foreigners and stateless persons

of civilian weapons and ammunition into the territory of Ukraine may not exceed 30 (thirty) calendar days from the date of crossing the customs border of Ukraine.

4. Customs clearance of temporary import of civilian firearms and ammunition is carried out in accordance with the legislation of Ukraine.

5. Weapons temporarily imported into the territory of Ukraine must be permanently stored at the place of hunting, exhibition events, sports competitions, sports activities and training.

6. Carrying such weapons outside the place of hunting, exhibition, sports competitions, sports activities and training is prohibited.

7. The form and procedure for obtaining a permit for temporary import of civilian weapons and ammunition by foreigners into the territory of Ukraine is established by the Ministry of Internal Affairs of Ukraine.

Article 41. Temporary export of civilian weapons and ammunition from the territory of Ukraine

1. Citizens of Ukraine have the right to temporarily export from the territory of Ukraine civilian weapons and ammunition belonging to them for hunting and participation in exhibitions, sports competitions, sports activities and training.

2. Temporary export of civilian weapons and ammunition from Ukraine is carried out in the presence of a citizen of Ukraine with the appropriate permit document and on the basis of an invitation from the organizer of hunting, exhibition, sports competitions, sports activities and training, as well as a permit for the temporary import of civilian weapons and ammunition issued by the relevant authority of the foreign state to whose territory the weapons and ammunition are exported.

3. Customs clearance of temporary export of civilian firearms and ammunition is carried out in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

SECTION VIII.
State control in the sphere of arms circulation.

Article 42. State control over the circulation and use of civilian weapons and ammunition

1. State control over the circulation and use of weapons and ammunition shall be exercised by the authorised bodies of the National Police in accordance with the legislation on the National Police.

2. Control over economic activity of business entities is carried out in the manner prescribed by the Laws of Ukraine “On licensing of types of economic activity” and “On basic principles of state supervision (control) in the field of economic activity”.

3. Violation of the legislation in the sphere of circulation and use of weapons and ammunition entails criminal, administrative and civil liability in accordance with the legislation of Ukraine.

FINAL PROVISIONS

1. This Law shall enter into force on the day following the day of its publication.

2. To establish that previously issued (before the date of entry into force of this Law) permits for the purchase, storage and carrying of firearms and devices of domestic production for firing cartridges equipped with rubber or similar non-lethal projectiles, which were issued before the entry into force of this Law, remain valid and are subject to exchange for permits for weapons of the corresponding category without medical examination, training courses for owners of weapons, qualification courses. At the same time, the above-mentioned persons are obliged to confirm the right to possess weapons in the manner prescribed by this Law within a period not exceeding three calendar years from the date of exchange of the permit document of the relevant category.

3. In the event that within three years from the date of exchange of the permit document, a permit document of another category is obtained in the general procedure, confirmation of the right to the weapon, the permit for which was exchanged, is not required.

4. The owner of a firearm has the right to exchange the permit for the right to keep and carry firearms and devices of domestic production for firing cartridges equipped with rubber or similar non-lethal projectiles before the expiration of such permit.

5. Persons who have received the state award “Firearm” and / or departmental award “Firearm” are obliged to exchange the permit for the right to carry and store weapons with the mark “Award” for the permit of the corresponding category defined by this Law. Exchange of the permit with the mark “Award” is subject to receipt of a certificate of completion of training courses for weapon owners, except for persons who at the time of obtaining the permit with the mark “Award” were in the Armed Forces of Ukraine, other military formations or in the staff of the agency that made the award.

6. All weapons owned by a citizen shall be entered into the Unified State Register of Civilian Weapons, in particular during the exchange of permits.

7. Persons who, as of the date of entry into force of this Law, keep weapons and/or ammunition in the absence of any permit, shall, within six months from the date of entry into force of this Law and approval of the relevant procedure for the seizure, registration, inspection of weapons and ammunition, report such weapons and/or ammunition to the National Police.

8. The declared weapons and ammunition shall be seized by the National Police, registered and checked for theft, use for criminal purposes and other cases of their illegal acquisition, and one of the following decisions shall be made based on the results of the inspection by the National Police:

8.1. return weapons and ammunition to the citizen with the issuance of permits for their storage and carrying in accordance with the requirements of this Law;

8.2. to seize the weapon with payment of its estimated value at the time of seizure in the presence of circumstances that prevent a citizen from acquiring ownership of the presented civilian weapon in accordance with this Law;

8.3. to seize the presented weapons and ammunition without payment of their value in such cases:

8.3.1. weapons and ammunition are registered as stolen, that is, they are the subject of a crime;

8.3.2. the weapon was used for criminal purposes, ie is an instrument of crime;

8.3.3. weapons and ammunition have been processed, as a result of which they pose an increased danger during their storage, carrying, transportation, use and application.

9. Procedure for presentation of weapons and ammunition, seizure, registration, inspection, sale and other actions in accordance with this paragraph. 3 Final provisions of this Law shall be established by the Cabinet of Ministers of Ukraine.

10. A person who voluntarily reported weapons and ammunition illegally stored in his/her possession in accordance with the requirements of this Law shall be exempt from criminal and other types of liability, unless his/her actions contain another crime.

11. Until the legislation of Ukraine is brought in line with this Law, legislative and other normative legal acts shall be applied to the extent that does not contradict this Law.

12. To amend the following legislative acts of Ukraine:

12.1. In the Criminal Code of Ukraine (Bulletin of the Verkhovna Rada of Ukraine, 2001, No. 25 – 26, Art. 131):

12.1.1. Article 263 shall be revised to read as follows:

Article 263. Illegal handling of weapons

1. Carrying, storage, purchase, transfer or sale of firearms (except for smooth-bore hunting weapons), ammunition, without a permit provided by law – shall be punishable by imprisonment for up to three years.

2. Carrying, storage, purchase, transfer or sale of firearms prohibited by law in civilian circulation – shall be punishable by imprisonment for a term of three to five years.

3. Carrying, storage, acquisition, transfer or sale of explosives (except for powder and capsules used for ammunition) or explosive devices without a permit provided by law – shall be punishable by imprisonment for a term of three to five years.

4. Use of weapons, explosives or explosive devices acquired without a permit provided for by law, as an instrument or means of committing a crime, liability for which is provided for in Articles 110, 112, 113, 121, 122, 129, 146, 147, 187, 189, 194, 261, 294, 342, 345, 345 1, 346, 347, 347 1, 348, 348 1, 349, 349 1, 350, 352, 377, 378, 379, 398, 399, 400 of this Code – shall be punishable by imprisonment for a term of three to seven years

5. A person who has committed a crime under parts one or two of this Article shall be exempt from criminal liability if he/she voluntarily surrendered weapons, ammunition, explosives or explosive devices to the authorities.

Note.

They do not constitute a crime and do not entail criminal liability under Art. 263 of the Criminal Code actions related to the manufacture and storage of analogues of ancient firearms, regardless of the purpose of manufacture.”

12.2 In the Code of Ukraine on Administrative Offences (Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1984, supplement to No. 51, p. 1122):

– to add a new Article 174-1 as follows:

Article 174 1. Violation of the established requirements for the circulation of civilian weapons and ammunition

1. Loss of firearms due to negligent attitude to the rules of its carrying, transportation and storage –

shall be punishable by a fine of two hundred to four hundred untaxed minimum incomes.

2. Repeated, within one year, loss of firearms due to negligent attitude to the rules of its carrying, transportation and storage –

shall be punishable by a fine in amount from two hundred to four hundred untaxed minimum incomes with confiscation of all firearms belonging to the person and lifetime deprivation of the right to own weapons.

3. Sale, exchange, gift or other transfer of firearms or ammunition to firearms into the ownership or possession of a person who does not have a permit of the appropriate category –

shall be punishable by a fine of two hundred to five hundred untaxed minimum incomes with confiscation of all alienated ammunition and deprivation of the right to own weapons for a term of six months to one year.

4. Carrying or transporting firearms by a person under the influence of alcohol (the content of pure alcohol exceeds 0.45 g per liter of blood or exceeds 0.20 mg per liter of exhaled air), drugs or other intoxication or under the influence of drugs that reduce attention –

shall be punishable by a fine of five hundred to two thousand untaxed minimum incomes and suspension of permits for a term of one (1) to three (3) years with temporary confiscation of weapons for the same period.

5. Carrying and transportation of firearms by a person who is under the influence of alcohol (the content of pure alcohol exceeds 0.45 g per liter of blood or exceeds 0.20 mg per liter of exhaled air), drugs or other intoxication or under the influence of drugs that reduce attention committed repeatedly during the year –

shall be punishable by a fine of one thousand to five thousand untaxed minimum incomes with confiscation of all firearms belonging to the person and lifetime deprivation of the right to own weapons.

6. Violation of the rules of carrying and transportation of weapons and ammunition, namely open carrying of weapons, transportation of loaded weapons, as well as demonstration of weapons in public places, in the absence of legal grounds for its use –

shall be punishable by a fine of two hundred to five hundred untaxed minimum incomes and deprivation of the right to own weapons for a term of six months to three years.

7. Failure to notify the National Police of the change of permanent place of residence or change of the place of permanent storage of weapons and ammunition within the period established by law

shall be punishable by a fine of two hundred to three hundred untaxed minimum incomes.

8. Evasion of the owner of the weapon from providing access to places of storage of weapons and ammunition by officers of the National Police, authorized to carry out inspections of places of storage of weapons and ammunition –

shall be punishable by a fine of one hundred to two hundred untaxed minimum incomes.

9. Carrying, storing, manufacturing, repairing or selling bows and crossbows belonging to civilian weapons of the second category without a permit provided by law –

shall be punishable by a fine in amount of two hundred to four hundred untaxed minimum incomes with or without compensated confiscation of the weapon.

10. Violation of the rules for handling civilian weapons of the first category shall be punishable by a fine of two hundred to four hundred untaxed minimum incomes with or without confiscation of the weapon.

Note:

1. Loss of firearms as a result of unlawful actions committed by a third party against the owner, which is confirmed by the relevant criminal proceedings or proceedings on an administrative offense, loss of firearms as a result of natural disasters, catastrophes, riots, terrorist attacks and hostilities do not fall under the signs of an offense under Part. 1 and 2 of this Article.

2. The owner of the weapon has the right to take out the firearm and put it in readiness, if he believes that in the current situation there may be grounds for its use. These actions do not fall under the signs of an offense under Part. 5 of this gender.

Unintentional or accidental display of weapons does not fall under the offense under Part. 5 of this Article.

3. It is not an evasion of the owner of the weapon from providing access to places of storage of weapons and ammunition to refuse to grant permission to enter and stay in the dwelling to employees of the internal affairs bodies who are not authorized to carry out inspections of places of storage of weapons and ammunition. The requirement of the weapon owner to provide the relevant court decision to enter the dwelling or other property is also not an evasion of the weapon owner from providing access to places of storage of weapons and ammunition.”

12.3 In the Law of Ukraine “On Insurance” (Bulletin of the Verkhovna Rada of Ukraine, 2002, No. 7, p. 50; 2011, No. 23, p. 160):

– part one of Article 7 after paragraph 9 shall be supplemented with a new paragraph 9-1 as follows:

“9-1) insurance of civil liability of firearms owners;”

12.4 The Law of Ukraine “On Licensing of Economic Activities” (Bulletin of the Verkhovna Rada of Ukraine, 05.06.2015 – 2015, No. 23, pp. 1234, Article 158):

– part 1 of Art. 7 “The following types of economic activities shall be subject to licensing” after paragraph 11) shall be supplemented with paragraphs 11-1), 11-2), 11-3) and shall read as follows:

“11-1) production, repair and trade in firearms and ammunition for military purposes;

11-2) activities of shooting ranges and shooting ranges;

11-3) activity of training courses for owners of weapons;” clause 11, part of part 1 of Art. 7 “The following types of economic activities shall be subject to licensing” shall be revised as follows:

“11) production, repair of civilian firearms, trade in civilian firearms and ammunition”

5) In the Law of Ukraine “On the Legal Regime of the State of Emergency” (Bulletin of the Verkhovna Rada of Ukraine (VVR), 2000, No. 23, Art. 176)

– art. 5, para. 18 “Additional measures of the legal regime of the state of emergency in connection with massive violations of public order” shall be revised as follows:

“5) temporary seizure of military training equipment, explosives, radioactive substances and materials, poisonous and potent chemicals from enterprises, institutions and organizations;”

6) In ch. 2 Art. 2 of the Law of Ukraine “On the licensing system in the sphere of economic activity” to exclude the words: “with weapons, ammunition”.

6. Until the legislation of Ukraine is brought in line with this Law, legislative and other normative legal acts shall be applied to the extent that does not contradict this Law.

7. Prior to the introduction of the Unified State Register of Civilian Weapons, weapons and information about the owner of the weapon shall be registered in accordance with the procedure determined by the National Police, with the subsequent transfer of information to the USRW.

8. The Cabinet of Ministers of Ukraine within one month from the date of entry into force of this Law:

to prepare and submit to the Verkhovna Rada of Ukraine proposals on bringing the laws of Ukraine in line with this Law;

to bring the normative legal acts of the CM of Ukraine in line with this Law;

to ensure the adoption of regulations necessary for the implementation of this Law;

to ensure that ministries and other central executive authorities bring their regulations in line with this Law.

Head
of the Verkhovna Rada of Ukraine

* * *

Explanatory Note
to the Draft Law of Ukraine “On Weapons”

Justification for the need to adopt the draft law

The human right to life, life and health, honor and dignity, inviolability and security of person belong to the natural human rights and must be protected in a democratic, legal extreme by the whole array of legal acts. The Constitution of Ukraine (Articles 3, 27, 29, 30 of the Constitution of Ukraine) and the norms of other branches of law (e.g., Article 36 of the Criminal Code of Ukraine) ensure the protection of these natural rights accordingly.

However, this is extremely insufficient and requires further legal improvement.

One of the ways to solve this problem is to adopt a law that will regulate the issue of ensuring the right of citizens of the state to active personal protection of their lives and health, as well as the lives and health of others from criminal attacks with firearms, as well as bringing the existing regulatory framework on weapons in line with the Constitution.

At the same time, it should be considered that firearms are an object of property subject to a special regime of regulation, which can be carried out only by the Law of Ukraine.

Firearms are the most effective means for citizens to exercise their constitutional right to self-defense. The overwhelming majority of developed countries (established democracies) have provided such a right to their citizens, which contributed to the reduction of violent crimes against the person and mercenary-violent crimes against property.

The world’s leaders in firearms ownership are the United States, Switzerland and Finland, with an indicator of 88 to 45 civilian firearms per 100 people. In Ukraine, this figure is only 5.5 units.

The experience of the post-Soviet countries – the Baltic States, Georgia and Moldova – proves that providing citizens with the right to self-defense with civilian firearms within a year from the adoption of the relevant laws reduces the absolute number of these crimes by 40-60%, positively affects the structure and dynamics of crime in the country.

At the same time, the introduction of strict rules and restrictions on the possession of civilian weapons in the UK, which was implemented in due time, has led to a rapid increase in the number of crimes against the person and acquisitive violent crimes. Thus, the number of violent crimes increased by 88% in total. In particular, the number of intentional murders increased by 24%, armed robberies by 101%, rape by 105%, etc.

Today, the circulation of civilian firearms is legally regulated by special laws in all European countries and in most post-Soviet countries, the circulation of short-barreled firearms is allowed in a number of European countries, as well as in a number of post-Soviet countries, in particular, in Estonia, Latvia, Lithuania, Moldova, Belarus.

The experience of the above-mentioned countries shows that officially registered civilian weapons (including short-barreled weapons) are used in the commission of intentional crimes in less than 0.001% of cases of the total number of crimes.

Today, according to the Ministry of Internal Affairs of Ukraine, citizens legally own firearms in the total amount of about 1.3 million. units, while the use of legal weapons (including careless handling and cases of using weapons for necessary defense) is extremely low. In the total number of crimes, this figure does not exceed 0.00006%, and among violent and selfishly violent crimes committed with the use of firearms – 0.001%.

Most of the crimes are committed with illegal firearms, the number of which is extremely high in Ukraine. Thus, according to the Small Arms Survey (Geneva, Switzerland), which researches the issue of illegal firearms trafficking in the world, in Ukraine there are from 3 to 5 million unregistered firearms in circulation. firearms.

The armed conflict in the East of Ukraine has led to the fact that, according to some estimates, from 700 to 800 thousand firearms have entered the territory of Ukraine from the combat zone. Of course, most of them are in the hands of citizens who do not intend to use it as a weapon of crime, but a large number of them have also fallen into the hands of the criminal element.

The adoption of the proposed law will stimulate those citizens who currently possess firearms illegally to legalize them, which will positively affect the overall crime situation, facilitate the process of detection and investigation of crimes.

It should be noted that granting the right to own weapons has a powerful preventive potential. As practice shows, in most countries that have adopted the relevant laws (Moldova, Estonia, Latvia, etc.), violent crime with the use of weapons has been reduced by half. The situation is that today it is not a big problem for a criminal to buy a firearm, while law-abiding citizens remain unarmed and have no real opportunity to exercise their constitutional right to protection under Article 27 of the Constitution of Ukraine.

Given the fact that the state is currently unable to protect its citizens from criminal attacks, the possession of firearms by citizens will be a decisive deterrent for a significant part of criminals.

Despite this number of weapons in circulation, these legal relations in the country are still not regulated by any law. All issues related to the circulation of civilian weapons are regulated exclusively by by-laws of the Ministry of Internal Affairs of Ukraine and other ministries and departments.

The current state of legal regulation of the analyzed problem causes conflicts in law enforcement in matters of responsibility for handling weapons.

Normative acts of the Ministry of Internal Affairs of Ukraine, regulating the circulation of firearms in the country, actually duplicate the main provisions of the former Soviet legislation. The vast majority of norms are now an anachronism and do not even regulate established social relations in the sphere of arms circulation. Thus, there is still no unified state register of weapons owners, no legal basis for the activities of shooting sports organizations, no classification of modern weapons, etc.

There is no agreed terminology and classification, which leads, on the one hand, to free interpretation and inconsistency, and on the other hand, creates the basis for the growth of corruption in this area.

The existing level of legal regulation of this important issue does not ensure the normal regulation of these social relations in this area, does not provide citizens with the opportunity to exercise their constitutional right to necessary defense.

At the same time, it should be taken into account that the concentration of all levers of influence in the hands of one executive body creates corruption risks and affects the development of bureaucracy in the sphere of civilian weapons circulation.

The lack of legal support for the control regime in the sphere of circulation of firearms and ammunition, the outdated regulatory framework do not allow citizens to effectively and legally exercise their right to protection, and state authorities to effectively control the circulation of civilian weapons.

This legal situation also hinders the development of economic relations and the development of shooting sports in the country.

Purpose and objectives of the draft law

The purpose of the draft law is to strengthen the observance of the rule of law in determining the legal regime of ownership of weapons, to consolidate the fundamental rights and obligations of citizens and legal entities regarding the production, acquisition, possession, disposal and use of weapons and ammunition, to regulate other social relations directly related to this.

The purpose of the bill is to establish the rule of law in the state.

General characteristics and main provisions of the draft law

The said draft law proposes to provide:

  • the concept of ownership of weapons;
  • determining the conditions and procedure for obtaining weapons permits by citizens of Ukraine and legal entities;
  • classification of civilian firearms was carried out;
  • the procedure for creating and maintaining the Unified State Register of Civilian Weapons;
  • powers of the subjects of the unified state register of civilian weapons;
  • general principles of civilian circulation (turnover) of weapons and ammunition;
  • general principles of exercising the right and fulfilling the duties of civilian weapons owners;
  • the procedure for obtaining the right to civilian weapons and ammunition;
  • restrictions on the right to civilian weapons and ammunition;
  • use of weapons for self-defense;
  • the concept of weapons-free zones;
  • basics of economic activity in the field of circulation (turnover) of weapons and ammunition;
  • general principles of possession and use of civilian  weapons and ammunition by foreigners and stateless persons on the territory of Ukraine;
  • temporary import of civilian weapons and ammunition into the territory of Ukraine, temporary export of civilian weapons and ammunition from the territory of Ukraine;
  • state control in the sphere of arms circulation;
  • amendments to the current legislation in connection with the adoption of this law.

This draft law, while liberalizing the circulation of short-barreled firearms in Ukraine, simultaneously strengthens the responsibility for their illegal use, as well as regulates the circulation of pneumatic weapons, which are currently in free unregulated circulation and therefore often used for hooligan purposes.

Place of the draft law in the system of legislation

Legal relations, which are proposed to be regulated by this draft law, are currently partially regulated by the Constitution of Ukraine, the Civil Code of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Code of Ukraine on Administrative Offences, the Laws of Ukraine “On Physical Culture and Sports”, “On Licensing of Certain Types of Economic Activity”, “On Citizens’ Associations”, etc.

Financial and economic substantiation

The adoption and implementation of this Law will require the allocation of insignificant funds from the State Budget of Ukraine solely for the creation of the Unified State Register of Firearms, which currently does not exist.

All other costs can be fully covered by the proceeds from mandatory payments paid by gun owners when exercising their rights in the civilian circulation of weapons.

Forecast of socio-economic and other consequences of the adoption of the draft law

The adoption of this Law fully meets the interests of the state and society, takes into account the European legislation and experience, makes it possible to regulate at the legislative level the issue of acquisition and possession of weapons by citizens to protect their lives and health from criminal attacks, as well as the lives and health of others.

The implementation of this Law will significantly reduce the crime rate in the country, in particular, it will reduce the number of violent and mercenary-violent crimes, which mostly belong to the category of grave and especially grave crimes.

The adoption of the law will promote economic growth in the production of military weapons and ammunition, create favorable conditions for production and trade

of civilian weapons and ammunition, as well as the provision of services to the population in this area, will have a positive impact on the creation of new jobs and the growth of revenues to the State Budget of Ukraine.

In addition, the Law will serve the development of modern shooting sports and the growth of Ukraine’s sporting prestige at the international level.

People’s deputies of Ukraine

* * *

COMPARATIVE TABLE
to the Draft Law of Ukraine “On civilian weapons and ammunition”
FINAL PROVISIONS

Comparative tableComparative tableComparative tableComparative tableComparative tableComparative tableComparative table

The team of authors of the draft Law of Ukraine “On Weapons”

Fris Igor Pavlovich – People’s Deputy of Ukraine of IX convocation

Andriy Krymets – founder of the Movement of gun owners “Your voice will make a difference”

Serhiy Krymets – founder of the Movement of gun owners “Your voice will make a difference”

Kolomiets Vitaliy Anatoliyovych – attorney-at-law, partner of Orekhovskyi and Kolomiets Attorneys at Law

Minkin Yuriy Gennadiyovych – lawyer

Orekhovskyi Mykola Leonidovych – attorney at law, partner of Orekhovskyi and Kolomiets Attorneys at Law

Georgiy Uchaykin – Chairman of the Supervisory Board of the NGO “Ukrainian Association of Gun Owners”

Fris Pavlo Lvovych – Head of the Department of Criminal Law of the Institute of Law of Vasyl Stefanyk Precarpathian National University, Doctor of Law, Professor, Honored Worker of Science and Technology of Ukraine, Academician of the Academy of Sciences of Ukraine.

Chorny Ivan Tymofiyovych – attorney at law, partner of Golovan & Partners Law Firm

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