ILLEGAL PRODUCTION, ALTER ATION AND REPAIR OF FIREARMS AND THEIR MAIN PARTS UNDER THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF LATVIA
Rubrics: CRIME – PUNISHMENT – CORRECTION
Authors:
1.
Friendship University of Russia
(criminal law, criminal procedure and criminalistics department, professor, alex62-60@yandex.ru)
Moskva, Russian Federation
Moskva, Russian Federation
2.
Yuridicheskiy institut Rossiyskogo universiteta druzhby narodov
Type:
Article
Pages:
from 43
to 49
Status:
Published
Received:
28.03.2018
Accepted:
28.03.2018
Published:
28.03.2018
Subject area:
UDK 343.344(470)(474.3)
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
illegal production, illegal alteration, illegal repair, crime, criminal liability, firearms, main parts of the firearms, marking
Abstract (English):
In accordance with part 1 of Clause 223 of the Criminal code of the Russian Federation illegal production, alteration and repair of firearms and their major parts are considered as criminal offences. In turn, according to part 2 of Clause 233 of the Criminal law of the Republic of Latvia the manufacture and repair of firearms without a special permission are considered as criminal offences. The Disposition of part 2 of Clause 233 ofthe Criminal law of the Republic of Latvia also contains other forms of illegal trafficking of the objects of this crime.The illegal production, alteration and repair of firearms and their essential parts are more socially dangerous than other forms of illegal trafficking of these objects. Comparative legal analysis of the legislative definition of the illegal production, alteration and repair of firearms and their main parts under the criminal law of the Russian Federation and the Republic of Latvia suggests that the Russian legislator used a better version defining the illegal manufacture, alteration and repair of firearms and their main parts as an independent part of the crime.Illegal alteration of firearms and their main parts according to the Russian legislation is a criminal law category. Under Latvian criminal law the illegal alteration of them is covered by their unlawful production.At the present the criminal legislation of the Russian Federation does not disclose the definition of illegal repair of firearms and their main parts. Criminal legislation of the Russian Federation and the Republic of Latvia does not provide for liability for illegal actions concerning the marking on the main parts of firearms.The subject of these offences should be considered manufacture of tools for the change of fire modes in a firearm.In the article the authors propose the definitions of illegal manufacturing, alteration and repair of firearms and their main parts, as well as devices for changing the fire modes in firearms taking into account the provisions of the criminal laws of the Russian Federation and the Republic of Latvia and international law.
In accordance with part 1 of Clause 223 of the Criminal code of the Russian Federation illegal production, alteration and repair of firearms and their major parts are considered as criminal offences. In turn, according to part 2 of Clause 233 of the Criminal law of the Republic of Latvia the manufacture and repair of firearms without a special permission are considered as criminal offences. The Disposition of part 2 of Clause 233 ofthe Criminal law of the Republic of Latvia also contains other forms of illegal trafficking of the objects of this crime.The illegal production, alteration and repair of firearms and their essential parts are more socially dangerous than other forms of illegal trafficking of these objects. Comparative legal analysis of the legislative definition of the illegal production, alteration and repair of firearms and their main parts under the criminal law of the Russian Federation and the Republic of Latvia suggests that the Russian legislator used a better version defining the illegal manufacture, alteration and repair of firearms and their main parts as an independent part of the crime.Illegal alteration of firearms and their main parts according to the Russian legislation is a criminal law category. Under Latvian criminal law the illegal alteration of them is covered by their unlawful production.At the present the criminal legislation of the Russian Federation does not disclose the definition of illegal repair of firearms and their main parts. Criminal legislation of the Russian Federation and the Republic of Latvia does not provide for liability for illegal actions concerning the marking on the main parts of firearms.The subject of these offences should be considered manufacture of tools for the change of fire modes in a firearm.In the article the authors propose the definitions of illegal manufacturing, alteration and repair of firearms and their main parts, as well as devices for changing the fire modes in firearms taking into account the provisions of the criminal laws of the Russian Federation and the Republic of Latvia and international law.
Keywords:
illegal production, illegal alteration, illegal repair, crime, criminal liability, firearms, main parts of the firearms, marking
illegal production, illegal alteration, illegal repair, crime, criminal liability, firearms, main parts of the firearms, marking
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