ANALYSIS OF SOME PROBLEMATIC ISSUES OF LEGALIZATIONOF ARMS CIRCULATION UNDER MARTIAL LAW

Abstract

The article examines the problematic issues of the law-making process regarding the legalization of the circulation of firearms, the establishment of the basic rights and obligations of the civilian population to use firearms in connection with the full-scale invasion of the troops of the Russian Federation on the territory of Ukraine. It is noted that in the conditions of martial law, the civilian population of Ukraine, foreigners and stateless persons who are legally present on the territory of Ukraine have the right to oppose the armed aggression of the Russian Federation with the use of firearms and ammunition for it, but the granting of such a right to use and use of firearms entails responsibility and imposes a whole series of duties on such persons. The article emphasizes that it was the active combat operations of the troops of the Russian Federation with the use of small arms, heavy equipment and artillery in the territories of the Zhytomyr, Chernihiv, Kharkiv, Sumy, and Luhansk regions that caused the need for the mass issue of weapons and ammunition to the civilian population of Ukraine, which were then Territorial defense units were formed under the command of the Armed Forces. The article also raises the issue of the fact that the norms of the law have a clearly established procedure for issuing weapons and ammunition to them, however, the authors analyzed the actual state of compliance with this procedure during the first month of active hostilities. The authors concluded that in the first days of the war, one of the most decisive steps of the Verkhovna Rada of Ukraine was the adoption of the Law “On ensuring the participation of civilians in the defense of Ukraine”. It is under the conditions of the legal regime of martial law, in order to protect their state, that the civilian population of Ukraine participates in repelling and restraining the armed aggression of the troops of the Russian Federation and has the right to receive firearms in accordance with the requirements established by the Ministry of Internal Affairs of Ukraine. The most important thing is that the use of weapons by the civilian population is equated by the relevant law to the use of weapons by military personnel in the performance of official duties in repelling the enemy, and they are not responsible for this. Thus, the problem of regulating the circulation of firearms in Ukraine under the conditions of martial law is extremely important and multifaceted, which, in turn, requires legislative regulation.