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Legal struggle

The National Police recognized the Permit System of the Ministry of Internal Affairs as illegal. Document

Despite the fact that the perverse tradition of responses from public authorities resembles the communication of the “deaf with the dumb”, we still received an unexpected response from the National Police to our request to the Cabinet of Ministers regarding the Resolution No. 576 “On Approval of the Regulations on the Permit System”.

The history of the issue is connected with the same struggle for equal right to armed protection.

Thus, last year, several lawsuits were filed to abolish bylaws in the sphere of circulation and use of firearms, which contradict the Constitution and instead of the law regulate the legal regime of ownership of weapons. Among such acts is the Resolution of the Cabinet of Ministers No. 576 “On Approval of the Regulation on the Permit System”.

While the District Administrative Court of Kyiv is blocked by the inaction of the Verkhovna Rada, we are using extrajudicial ways to cancel the illegal resolution. Thus, at the end of 2016, the UIAA sent another letter to the CMU demanding to cancel the Resolution, which contradicts the Constitution and at least three laws of Ukraine.

Instead, they received a response from the National Police.

NPU response on the illegality of the permit system
NPU response on the illegality of the permit system

The response shows that the National Police“is taking organizational measures to revise the regulations governing the licensing system in order to bring them in line with the requirements of the law”.

It is clear that it is possible to bring into compliance with the requirements of the current legislation only that which contradicts such legislation, and therefore is currently illegal.

Thus, although in bureaucratic language, the National Police was forced to recognize what we have been saying all the time since the registration of the draft Law “On Civilian Weapons and Ammunition” in the Verkhovna Rada. We are grateful to the National Police for their frankness, the letter will be attached to the court case.

We hope that the filed lawsuits on the abolition of regulations that instead of the law regulate the legal regime of ownership of weapons will finally be considered in the near future, and the deputies will not have any arguments not to adopt such an important law.

P.S. Thank you all for supporting the initiative to fight for the right to armed protection and equal right to own weapons.

Author: Vitaliy Kolomiets
Attorneys at law “Orekhovskyi and Kolomiets”