Scientific conclusion: there can be no criminal liability for possession of weapons

12 May 2017

Developing the principle: “no punishment without law”, we received a scientific conclusion of the Doctor of Law, Head of the Educational and Scientific Laboratory for Research on Crime Policy, Professor Pavlo L. Fris, who confirmed that in the absence of a law on the permissive nature of arms circulation – there is no object of the crime under Art. 263 of the Criminal Code.

What was intuitively clear at the level of justice has found its scientific confirmation. Since, Art. 263 of the Criminal Code provides for criminal liability for possession, transfer or sale of firearms without a by law Since there is no such law since 2007, there can be no liability for violation of a non-existent law.

In general, the scientific conclusion contains several fundamental positions that can help defenders not only from Art. 263 of the Criminal Code of Ukraine, but also with the absolute majority of indictments, which, according to the Soviet tradition, do not contain full qualifications, which provides for their return for revision.

Since the Criminal Code does not prohibit anything, but only protects the rights and law and order, which are defined in other normative acts, mainly the Constitution and laws. That is why constitutions are respected all over the civilized world, because the most severe responsibility – criminal – is provided for its violation. And only our perverse tradition of the police state provides for punishment for violation of the criminal code.

For the sake of the rule of law, we must correct this situation.