Analysis of judicial practice in criminal proceedings regarding illegal handling of weapons, ammunition or explosives

Abstract

In the current conditions of armed conflict, the issue of weapon circulation has become particularly relevant, as its legal regulation directly impacts public safety, the criminal landscape, and the effectiveness of national defense. With the beginning of the Russian-Ukrainian war, especially after the full-scale invasion of the Russian Federation in 2022, Ukraine experienced a significant increase in the number of unregistered weapons, ammunition and explosives among the civilian population. In response to new challenges, the state was forced to adapt legislation to wartime conditions, which was reflected in the adoption of a number of regulatory legal acts that temporarily changed approaches to civilian arms circulation.
In particular, on March 3, 2022, the Law of Ukraine No. 2114-IX “On Ensuring the Participation of Civilians in the Defense of Ukraine”[2] was adopted, which provides for the possibility of civilians obtaining firearms and ammunition to protect the state from armed aggression. This law also regulates the use of citizens’ own award-winning, sporting and hunting weapons in wartime and exempts them from criminal liability for the use of such weapons against an aggressor. At the same time, the issue of controlling the illegal circulation of weapons remains critically important, since the uncontrolled spread of ammunition can lead to an increase in crime and pose a threat to public safety.
The Criminal Code of Ukraine provides for liability for illegal trafficking in weapons, in particular under Article 263, which establishes penalties for carrying, storing, purchasing, manufacturing or selling firearms, ammunition and explosives without a permit provided for by law. In connection with military operations and a significant number of weapons in free circulation, the issue of qualifying such offenses acquires particular importance. The definition of the terms “weapon”, “firearm” and other concepts in national legislation and international regulatory legal acts, such as the UN Firearms Protocol, is key to the correct application of the law and the avoidance of legal conflicts.
In practice, there has been a marked increase in the confiscation of illegal weapons. According to official data from the National Police of Ukraine[1], at checkpoints alone following the full-scale invasion, over 11,000 units of firearms were confiscated, including 3,600 automatic weapons and 1,500 grenade launchers. Additionally, law enforcement authorities documented cases of the illegal storage of more than 27,000 grenades, 4,200 explosive materials, and 3.5 million rounds of ammunition. Furthermore, in 2023, the number of criminal proceedings concerning the illegal circulation of weapons increased by 35% compared to 2021, underscoring the urgency and relevance of the issue.
The article provides a comprehensive analysis of the legislative changes aimed at regulating the circulation of weapons in Ukraine, as well as the nuances of law enforcement practices regarding crimes associated with the illegal circulation of firearms, ammunition, and explosive materials. It analyses the impact of martial law on criminal liability for the related offenses, and explores potential avenues for improving legislation in this area.