It has already been written much that the normative regulation of arms circulation, which is carried out by the Ministry of Internal Affairs, has broken through the “bottom”, but actively continues its movement into oblivion. But let’s look at this topic from the other side.
Much has been written about the fact that the circulation of weapons should be regulated exclusively by law, and not by police instructions, but we were interested in a very revealing moment with the very instruction of the Ministry of Internal Affairs on the circulation of weapons, approved by the Order of the Ministry of Internal Affairs № 622 of 21.08.98.
According to Art. 8 and 19 of the Constitution, public authorities are obliged to adopt their by-laws with clear reference to laws and regulations of higher force. Each act must have a legal basis.
Instruction No. 622 is no exception. Anyone can verify by the previous link that this Instruction is adopted in accordance with:
- The Law of Ukraine “On Militia” (565-12),
- Resolution of the Cabinet of Ministers of Ukraine of October 12, 1992. N 576 (576-92-p) “On approval of the Regulation on the permit system”,
- Regulations on the Ministry of Internal Affairs of Ukraine, approved by the Decree of the President of Ukraine of 06.04.2011 N 383 (383/2011),
- Resolution of the Verkhovna Rada of Ukraine of June 17, 1992. “On ownership of certain types of property” (2471-12).
So, NONE of these documents is illegitimate 🙂
That is, there are no legal grounds for the existence of such a document as the Order of the Ministry of Internal Affairs No. 622 “On Approval of the Instruction on the Manufacture, Acquisition, Storage, Accounting, Transportation and Use of Firearms ….”
- The Law on Police expired on 02.07.2015;
- Resolution of the Cabinet of Ministers 576 is invalid by virtue of Art. 57 of the Constitution, as it was never printedwhich was confirmed by the Secretariat of the Cabinet of Ministers;
- The Regulation on the Ministry of Internal Affairs approved by the Presidential Decree of 06.04.2011 (by usurped powers) is invalid, as the Regulation approved by the Cabinet of Ministers of Ukraine by Resolution No. 878 of 28.10.2015 is now in force;
- Resolution of the Verkhovna Rada of Ukraine “On ownership of certain types of property” – adopted on the basis of Art. 13, 28, 45 of the Law of Ukraine “On Property”, which expired on 27.04.2007.
This is how customary law operates in a state with guaranteed rule of law, where all civil servants, including employees of the Ministry of Internal Affairs, take an oath to strictly observe the Constitution and laws.
Meanwhile, the Draft Law No. 1135-1, which would properly regulate the relations on the circulation of civilian weapons, is lying in the Verkhovna Rada without consideration, because it is “not in time”. Meanwhile, only last year we spent 70 million. budget funds for the maintenance of the illegal permit system of the Ministry of Internal Affairs.
And only through the efforts of several hundred founders of the initiative on legal struggle for equal right to armed protection, we are trying to overcome this madness.
Author: Vitaliy Kolomiets
Attorneys at law “Orekhovskyi and Kolomiets”