Licensure ATS on the acquisition, storage, wearing gas pistols, revolvers and ammunition to them
Special self-defense, equipped substances tear and irritant. The order realization (sale) purchase, registration gas pistols and revolvers and ammunition to them. The application of special means of self defense, the charged substances tear and irritant.
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STATE TAX ADMINISTRATION OF UKRAINE
NATIONAL UNIVERSITY OF STATE TAX SERVICE OF UKRAINE
of course: "Health in the state tax service of Ukraine"
on "Licensure ATS on the acquisition, storage, wearing gas pistols, revolvers and ammunition to them"
Completed: cadet platoon PHC-54
1. Special self-defense, equipped substances tear and irritant
2. The order realization (sale) purchase, registration, filing and storage (wearing) gas pistols and revolvers and ammunition to them
3. The application of special means of self defense, the charged substances tear and irritant
gas pistol self defense
The formation of a new society where the dominant relationships are private property, requires, of course, and the new direction of protection of property rights of the individual as the man himself, his life, honor and dignity.
New forms of relationships create the legal framework for the protection of persons and interests, which is a good thing. But amid this appeared positive and negative effects such as increased crime, weakening of law enforcement agencies that have not kept pace with the growth processes of negativism. In such a situation the population there is a natural desire to protect themselves, including using weapons or other special equipment.
Dg. 27 Constitution of Ukraine Part 2 says: "Everyone has the right to protect their lives and health, life and health of other people from illegal encroachment." The constitutional provision is reflected in other areas of law, including the Criminal Code of Ukraine clearly states (self-defense) for human use of this institute with weapons. One way to protect the above rights include the right to possess, carry and use weapons. The right of citizens to own weapons, of course, to some extent in conflict with the right of other citizens to life and health, because it determines the potential use of these weapons against other citizens. Weapons directed against a person is not only able to put in a certain scale damage to health, but also to the life of the person against whom it is applied. So the police according to law carry a permit (issuing permits for the possession, storage of weapons) and control (check the legality of weapons possession, collecting information on cases of weapons against humans and evaluating the use of such weapons, etc.). Functions . In addition, the police keep records of weapons held by legal entities and individuals.
Legal regulation of weapons in independent Ukraine began in 1992 with the adoption by the Verkhovna Rada of Ukraine on June 17 Resolution "On the ownership of certain types of property" and Annex № 2 to this Regulation, where it is a special order purchase citizens ownership of individual types of property. Special procedures for acquisition of property rights apply to firearms hunting shotgun and rifle, the gas pistols and revolvers and ammunition to them kitted substances tear and irritant, edged weapons and air guns at a speed of a bullet over 100 m / s and a 4.5 caliber mm. The next step in this direction was the adoption by the Cabinet of Ministers of Ukraine 12 October 1992 Regulation "On licensing system" that deals directly and control of arms trafficking. At the moment, public relations related to weapons of regulating about 89 normative - legal acts, but there are orders, letters, resolutions, and most importantly the fact that among them is the main regulation - Law of Ukraine "On Weapons", to which reference particular mistyatsya still in the "About Presidential award" nominal Zdroj Fire "from 29.04.1995, the
Background work shows that with the adoption of the Constitution of Ukraine gained new momentum to build a democratic state, the main task and the content of which is the adoption, maintenance and protection of the rights and freedoms of man and citizen. This task is associated with a number of folding the solution of political, economic, social and legal problems because the real situation in the country and the society is now far from the times. Ukraine perezhynaye severe socio-economic crisis, one of the most dangerous social disaster is criminal situation. All this leads to a deterioration of living standards, the level of legal protection, the increasing number of illegal encroachments on the rights and freedoms of citizens, property, public order and public safety, law enforcement other objects, including the special disturbing crimes and other offenses related with weapons, explosive materials, narcotics, virulent, toxic substances with special needs, who through their dangerous properties removed or restricted in civil circulation.
3a these circumstances, the importance of the state and society nadastsya the effectiveness of law enforcement, in which the leading role belongs to the police. These bodies relies wide range of tasks to ensure personal security and protection of their rights, freedoms and legitimate interests, prevent and combat crime, maintain public order and public safety, protect property from unlawful acts, bringing offenders to justice and so on. The vast majority of these tasks the police perform their administrative activities, ie activities regulated administrative - legal regulations and aimed at their implementation.
Administrative activities of the interior has a complex, diverse nature and performed in many directions, using a variety of both legal and organizational content.
One of these areas is the implementation of the permit system in which controlled for the opening and operation of facilities that pose a potential danger to public order and shall state regulation of weapons of self-defense. However, the legislation in the regulation of many issues related to the implementation of this system lags behind the needs of the time, not all of its requirements are met and the practical activities of internal affairs in this area.
Analysis of problems of state regulation of weapons dedicated A.S.Matsko, I.V.Boyko, V.P.Petkov, O.S.Frolov, V.V.Polyakov, O.V.Artamonov.
Objective of the given work - a study of scientific, educational, journalistic literature, analysis of normative - legal regulations concerning permits police to acquire, store, wearing gas pistols, revolvers and ammunition to them, their practical application.
The task is to study on the basis of scientific, educational, journalistic literature regulations - regulations order permits the acquisition, carrying objects permit system (gas weapons) both physical and legal entities, conditions and rules realzatsyi facilities permit system (gas weapons) and the application of weapons.
The object of research is social relations that arise between individuals and legal entities and the state, represented by competent authority, exercising licensing system, while exercising the right to purchase, storage, carrying, use of gas weapons.
The subject of research is the gas pistols, revolvers and ammunition to them, and the order of state regulation of the rights of citizens to bear, acquiring, storing weapons Fixing the Constitution of Ukraine.
1. Special self-defense, equipped substances tear and irritant
Currently, due to the deteriorating economic situation in Ukraine and the rise of crime and the increasing number of violent crimes is becoming increasingly urgent self-defense against unlawful encroachments.
Perhaps the most effective means of self-defense is the weapon, but because the law eliminates most of the citizens of the number of potential owners: Short semiautomatic firearms (pistols and revolvers) in this situation come first self-defense kitted substances tear and irritant. The main criterion proposed to them is "short-term withdrawal of striker down" without any serious consequences for the attacker, let alone should not cause a lethal case of grievous bodily harm or irreversible changes in the human body. It is immediately mention that the result of influence of PPE on the human body depends on many factors and can not always be as "humane" as it represented firms with manufacturers advertise their products. The most widely used as PPE received toxic substances irritating (ORDD) and, at least - natural compounds that have lakrymatornym effect. I must say that toxicologists ORDD not belong to the group of chemical warfare agents, but because of their specific properties isolated into a separate group, called the West "policemen OP-gases." These substances in contact with human skin, mucous membranes of the eyes, nose, upper respiratory tract causing sharp pain, profuse tearing, which paralyzes or significantly reduces combat effectiveness rights.
ORDD usually used in the form of aerosol cans and ammunition for handguns that made recently called "gas guns", although the correctness of such title doubtful because ammo sporyadzhayutsya no gas, and chemicals that are in the crystalline state and pass in the gaseous state (perehanyayutsya) only when a shot. Gas pistols and revolvers is in principle only spray these chemicals. Because of the small time of combustion products of gunpowder has been only 15-18% of chemicals that are usually called the gas cloud is a mixture of Aerosols small solid crystals chemicals and combustion products vyshybnoho charge.
In addition, armed law enforcement agencies in many countries are grenades filled ORDD (both manual and designed for shooting from special devices), smoke bombs and ammunition to special carbines, special stationary installations and water-jet guns that use solvents ORDD.
Problems when selecting a gas pistol or revolver having on stage figuring out what to chuck: tear or nerve gas. The point is that the nerve gas is a means of lethal action. Installing the fact he was in cartridges that loaded pistol (revolver), leads to criminal liability under Art. 229 Part 2 KK Ukraine ("illegal production, purchase, storage, transportation or sale of potent and toxic substances", imprisonment up to 3 years). In practice, the gas cartridge can charge any poisonous substance. At the same time, industrial production rounds of "paralytic" the world is only spetszakazam (usually from government departments) and small parties.
The most common substance that is used in the gas weapon is gas "CS" - ортохлорбензальмалонодінтріл. It belongs to a group of irritants - toxic substances irritant action.
In its pure form is a colorless solid substance with a specific flavor, reminiscent of pepper. Density 1.04 g/cm3 Melting temperature 96'S. It is stable in storage and is easily soluble in water. "CS" is used in different ways: in the aerosol state (in cylinders, for example) in pyrotechnic mixtures in ammunition and explosive action in gelatin capsules.
Sometimes used hloratsetonfenol - "CN", a typical irritant. It is tearing even at low concentrations, irritates exposed skin.
Gas guns shoot plastic capsules with tear gas.
Propellant charge can be powder or pneumatic. Gunpowder, chemical reagent and cap together one plastic sleeve that is part of the muzzle closed zavaltsovkoy. In other models, which act as pneumatic, using carbon dioxide - carbon dioxide in high-pressure spray, which is inserted into the handle. The gas gun is effective for shooting at a distance of 15 m For comparison, gas cartridges makes sense to apply a maximum distance of 5 meters
In the CIS excessive demand for gas pistols and revolvers probably continue at least until the enactment of the weapons, but only if the law legalizes the use of firearms. If it does not, gas weapons will become even more popular.
From the consumer point of view available on the CIS gas pistols and revolvers can be divided into the following categories: high-road heavy weapons of interest for wealthy gentlemen who care about their own safety, but do not want to mess with military weapons.
The weapon, used to fire gas cartridges generally is a replica of an existing Short-rifled firearms.
Manufacturers that produce gas weapons in all cases give her views are well known in the world of combat pistols and revolvers to achieve the following objectives:
First - combat firearm has high chilling properties. Seeing in the hands of man pistol in appearance which can not be determined, it shoots bullets or tear agents or irritant, the attacker usually tries to escape before they hear the first shot. So the purpose of self-defense against attack, for which also acquired such weapons is achieved one demonstration of resistance.
Second - use license for up weapons that has a certain reputation, allows the manufacturer to "not reinvent the wheel" and save considerable money on this.
Third - gun-copy that reproduces in detail the best examples of weapons technology, can be rated much higher than specially designed for such purposes primitive, though no less effective sprayer, including spray.
In most cases, metal parts such weapons are made of soft metal alloys based on aluminum "silumin" and others. The models are made of steel weapons, are more expensive.
Each model weapons at the appropriate places vyshtampuvani number, name of the model, caliber, other markirovochni designation.
Pistols and revolvers, used to fire gas cartridges are automatic weapons and their constructive scheme practically nothing different from the circuit device pistols and revolvers military samples. The main distinguishing detail is the presence inside the barrel bridge length from 10 to 30 mm, which prevents rozsverdlyuvannyu barrel in the case of processing under the arms and ammunition, as well as the presence of near muzzle barrel internal thread length up to 10 mm for joining special cylindrical nozzle designed for shooting flares. In place of joining the barrel nozzle has a hole diameter of 2 mm, and then expanding to 15 mm.
Now let pistols and revolvers from 5.6 to 9 mm caliber.
Practice shows that gas pistols for revolvers more reliable, especially for those who lack training. In revolver 5 or 8 kamory (dens in the drum) for patrons. Shock-spuskovoy dual mechanism of action, it is possible to reduce the trigger hand after each shot, and you can just press the trigger and the mechanism will operate samovzvodom.
2. The order realization (sale) purchase, registration, filing and storage (wearing) gas pistols and revolvers and ammunition to them
Permits for acquisition and storage (wearing) gas pistols and revolvers and ammunition issued to them by police to citizens who have reached the age of 18, provided conclusion (reference) medical facility (medical Qualifications Commission) in the prescribed form that for health reasons they may have (use) special self-defense and are familiar with the procedure of storage (wearing) and application.
Number of gas pistols (revolvers), which can be owned by individuals, not limited.
Business entities, institutions and organizations in order to protect the life, health, honor and dignity of their employees are eligible to purchase gas pistols and revolvers and ammunition to them with permits by police at their store (wearing) a specific employee under 18 years of age, provided conclusion (reference) medical facility (medical Qualifications Commission) in the prescribed form in respect of these employees and familiarize them with the procedure-store (wearing) and application.
Permits for acquisition and storage (wearing) gas pistols (revolvers) signed by the chief law-enforcement body or a person who fulfills his duties:
? citizens - residence;
? entrepreneurs, institutions and organizations (for purchase) and their employees (in storage) (wearing) - at the place (address) institution, organization or business entity. In the resolution of a mark - departmental (official).
Permits to purchase gas pistols (revolvers) are issued by police for three months. Not used in this term permit is returned to law enforcement agencies that issued it.
For permission to purchase gas pistols (revolvers) citizens submit to the authority of the Interior:
1. completed card in the application;
2. two photos 3 x 4 inches;
3. conclusion (certificate) medical facility medical Qualifications Commission) in the prescribed form (except those who are authorized law enforcement agencies for storage and carrying hunting and departmental firearms);
4. receipt of fees associated with paperwork for authorization to purchase gas pistols (revolvers) (per unit).
For permission to purchase gas pistols (revolvers) entrepreneurs, institutions and organizations submit to the authority of the Interior:
1. letter explaining the need to purchase gas pistols (revolvers) and indicating the type and quantity;
2. list of employees who will use these means of self-defense;
3. and 2 passport size 3 x 4 inches (for each of the employees that use gas pistols (revolvers);
4. copy of payment of fees associated with paperwork for permits to purchase these means of self defense (per unit);
5. conclusion (certificate) medical facility (medical Qualifications Commission) standard form.
Body Interior no more that a month considering the above documents and issue a permit to purchase gas pistols (revolvers) or motivated denies it.
Refusal to issue a permit may be appealed in accordance with the laws in court.
Purchased gas pistols (revolvers) within ten days from the date of acquisition shall be submitted to law enforcement agencies for registration and permit to store them (wearing):
? citizens - residence;
? entrepreneurs, institutions and organizations - in the place of their registration (legal address).
Thus for permission to store (wearing) gas pistols (revolvers) owners (users) submit to the authority of the Interior as root permission to purchase with a note of a specialized store to sell gas pistol (revolver) and receipt (payment order) to pay for services related paperwork to permit storage (wearing) gas pistols (revolvers).
Permit for storage and carrying gas pistols (revolvers) seems body interior for three years.
Permit for storage (wearing) gas pistols (revolvers) may be issued to every member of the family of the owner of the gas gun (revolver) that has this right.
Permit for storage (wearing) gas gun (revolver) may be issued no more than three employees of a business entity, institutions and organizations for each gas pistol (revolver).
Permit for storage and carrying beznomernyh or improvised gas pistols (revolvers) by police will be issued.
Ammunition for gas pistols (revolvers), charged substances tear and irritant sold to citizens (users) in specialty stores and some sections in quoting permission of the Interior for storage (wear) of the gas gun (revolver).
For the renewal of a permit for storage (wearing) gas pistols and revolvers (re-) owner must one month before the expiry of leave to submit to the authority of the Interior of residence (registered office), available gas pistols (revolvers) and the following documents :
1. application (entity) to the chief law enforcement agencies to conduct re-gas pistols (revolvers) that he has:
2. receipt (payment order) to pay for services related to the re-registration of gas pistols (revolvers);
3. conclusion (certificate) medical facility (medical Qualifications Commission) standard form.
Citizens are required to provide storage conditions that preclude the possibility of loss and kradinnya special means of self-defense. These tools should be stored in wooden or metal boxes at the workplace or residence of the owner (user), it should not be compromised.
In all cases, wearing gas pistols (revolvers) the owner (user) must have a permit law enforcement agencies the right to life (wear). In the absence of such a person permission pistol (revolver) to the case withdrawn by the police in due course.
Police permits for acquisition, storage (wearing) gas pistols (revolvers) are not issued, and issued permits will be canceled if:
? output (reference) medical facility (medical Qualifications Commission) in the prescribed form, which indicates that the person for health reasons can not have special means of self-defense;
? information about the systematic violation of individual civil order, alcohol abuse, drug use without a prescription;
? presenting such a person is charged with a crime and sentenced to imprisonment;
? outstanding or unwithdrawn the established order person convicted of a serious crime or offense committed with firearms, explosive materials or special means of self defense, the charged substances tear and irritant;
? probation person probation period or sentenced to correctional labor;
? national court to sentence such person, by executing postponed.
After the cancellation of the Interior authority permission to store (wearing) a gas pistol (revolver) this means and ammunition with permission removed. Removed gas pistol (revolver) and ammunition shall be a commission on sale in specialized stores. Received from the sale of assets (less the costs associated with implementation) returned to the owner of the vehicle or his representative.
In cases that are not urgent reasons, gas pistols (revolvers) and ammunition to them can be removed in persons by police.
To revoke a permit for storage (wearing) a gas pistol (revolver) on the grounds mentioned above, police imposed a reasoned decision, approved by the chief law-enforcement body or a person who performs his duties.
In case of death of the owner of a gas pistol (revolver) and ammunition stored his relatives to the issue of heir property. If any of the heirs entitled to receive permission to store (wearing) a gas pistol (revolver), he will in due course by the Interior may be issued a permit. If no heirs among persons who have the right to store it in a month passed relatives of the deceased owner to law enforcement agencies for implementation. Received from the sale of assets less the costs associated with implementation, returning heir of such property.
If a successor within one month from the date of acquisition of ownership did not submit documents to law enforcement agencies for permission to store (wearing) a gas pistol (revolver), he removed the police.
Do not pass gas pistols (revolvers) and ammunition to them to others without permission of the Interior.
Police have the right to draw up documents for the transfer of gas pistols (revolvers) one owner to another. The order of transmission is determined by the MIA.
In case of change of residence owner gas pistol (revolver) must apply to the Internal Affairs asking for his removal from the register and specify the new residence. Upon arrival at the new residence of the vehicle owner is obliged within 10 days to apply to law enforcement agencies for taking it into account.
By registering gas pistol (revolver) in the internal affairs of the new residence card with the owner fails if the term granted permission to store (wearing) has not expired.
Gas pistol (revolver), which became unsuitable for further use (beyond repair), not registered (not perereyestrovuyetsya) and within a month it seems the owner to law enforcement agencies) without refund) for deregistration.
Unfit gas pistol (revolver) to further use is defined authority of the Interior on the basis of compliance with the technical requirements of its manufacturing and certificate form.
Used and unsuitable for further use special self-defense must be taken in due course.
In case of loss or theft of a gas pistol (revolver) the owner must immediately report it to the police.
Specialty stores for selling gas pistols (revolvers) and rounds them open and operating in the manner prescribed by the Interior Ministry.
Sample cards, applications, permit acquisition, storage (wearing) a gas pistol (revolver), books of account and other documents established Ministry.
Form output (reference) medical facility (medical Qualifications Commission) is determined by the MOH.
3. The application of special means of self defense, the charged substances tear and irritating
Special means of self defense, the charged substances tear and irritant apply citizens:
? protection from criminal attacks on their lives and health, housing and property or life and health, housing and property of other citizens;
? to protect against attacks on the premises organizations, institutions and businesses where they work;
? to arrest a person who commits a crime and is trying to escape or to resist, with its subsequent transfer of the Interior.
Before using special self-defense citizen if possible, must notify the attacker of his intention to apply them.
If due to the use of special means of self defense attackers suffered injuries or died, a citizen who used such means shall immediately call ambulance care, take measures to ensure the protection of the scene and notify the police and prosecutors.
Do not use special self-defense in the case of large crowds, if that might be affected outsiders.
It is strictly forbidden to use special self-defense to law enforcement and environmental agencies in the discharge of their duties.
After analyzing the current state licensing system in Ukraine, as well as procedures for the purchase, storage, use, sale of certain facilities permit system (gas weapons) may come to the conclusion that our government understands the need for regulation of weapons, but this activity needs improvement.
Exploring normative - legal framework governing the permit system will be in Ukraine, the Ministry of Interior to implement its work permit system organized by units of public safety (Department permit system Chief Administrative Service officers of Interior (MOI HUASM), management ( departments) Administrative Service officers main offices of Internal Affairs of Ukraine in Crimea, Kiev, Kiev region, Ukraine Interior Ministry offices in the regions, Sevastopol, transport (UASM, VASM MIA, MIA, UMVST), Directorate of Internal Affairs of Ukraine for the transport department special Police Internal Affairs of Ukraine, senior inspectors, inspectors permit system, as well as police inspectors, Gore, raylinorhaniv Interior.
Permissive legislation needs to be improved, which is due to objective reasons, namely:
1. Worsening economic situation in Ukraine causes an increase in crime, which automatically causes the desire of the population to defend their legitimate interests and rights. The reason is obvious: criminals always prefer defenseless victims. Less likely to meet resistance, so willingly use weapons.
2. The legislation does not limit the number of weapons that can be owned by citizens. It is theoretically possible to buy 100 copies, and they need law-abiding citizen.
Another problem is that at the moment the social relations associated with about 89 weapons governing regulations - regulations. Among them are orders, letters, decrees, but the main thing is that among them is the main regulation - Law of Ukraine "On Weapons".
1. Constitution of Ukraine of 28.06.98. Dg. 27 / / Computer Legal System NAU
2. The Criminal Code of Ukraine of 01.04.1961. Dg. 15 / / Computer Legal System NAU
3. Regulation "On the procedure for the sale, purchase, registration, accounting and application of special means of self defense, the charged substances tear and irritant" approved by CMU on September 7, 1993 N 706.
4. Regulation "On licensing" Approval Resolution of Ukraine dated October 12, 1992 № 576 / / Computer Legal System NAU
5. VV Polyakov, A.V.Artamonov. Weapons ... Weapons ... Weapons ...: Types of weapons, Descriptions, фотографии, regulatory documents. -Zaporozhye: rip "Publisher" KC "Эnyhma", 1994. - S. 5.
6. Shelokov AA Weapons samozaschytы: pystoletы plates; aэrozolnыe cans. -K.: Lybid, 1996. -C. 12.
7. Kuvshinova E. Plates sredstva self-defense: Results for smiles / /. Fyansovaya Consultation 1997. - № 25. - S. 23.
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