No. of
sales/n

Offer Information

Author of the proposal

Offer Consideration Information

! 1

To p. 2.9 Instructions

Article 19 of the Constitution of Ukraine establishes that state authorities and local self-government bodies, their officials are obliged to act only on the basis of, within the limits, powers and in the manner prescribed by the Constitution and laws of Ukraine. In accordance with Art. 92 of the Constitution of Ukraine, the legal regime of property is established exclusively by law. At the same time, the law is only an act of expressing the will of the people, as sources of power, directly (referendum) or through representatives (deputies) in the manner prescribed by the Constitution. Other NPA, in particular, instructions, resolutions, decrees - are not laws. In addition, as established by the Constitutional Court of Ukraine in the Decision of December 14, 2000 No. 15-rp/2000 “The Verkhovna Rada of Ukraine is the sole legislative body in Ukraine (Article 75 of the Constitution of Ukraine). This means that the right to adopt laws, to amend them if it is not exercised directly by the people (Articles 5, 38, 69, 72 of the Constitution of Ukraine) belongs exclusively to the Verkhovna Rada of Ukraine (paragraph 3 of the first part of Article 85 of the Constitution of Ukraine) and cannot be transferred to other bodies or officials. Laws and other legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it (part two of Article 8 of the Constitution of Ukraine).” 1 storage and use of weapons at this facility;... Regarding the definition of the legal regime of ownership, as noted by the Constitutional Court of Ukraine in the decisions of December 13, 2000 No. 14-rp/2000 “legal regime of ownership, the procedure and conditions of acquisition and termination of the right of ownership, as well as the right to own, use and dispose of property are determined by the laws.” and in the decision of May 11, 2005 No. 4-rp/2005 “respectively in accordance with paragraph 7 of the first part of Article 92 of the Constitution of Ukraine, the legal regime of ownership is determined exclusively by law. ” By their nature, the proposed changes are certain restrictions on the freedom of entrepreneurial activity. By virtue of Articles 19, 42 and Article 23 of the Constitution of Ukraine, such restrictions may be established exclusively by law. According to the Law of Ukraine “On Licensing of Business Activities”, the principles of unity, openness, legality are established, guaranteeing clarity and simplicity of licensing procedures, unambiguity and non-regularity of license terms. A single list of types of economic activity, as well as the introduction of new types subject to licensing, is established exclusively by this Law. An exclusive list of activities that are subject to licensing is established in Art. 7 of this Law. This list does not contain such activities as activities of physical education and sports facilities (shooting ranges, shooting ranges, etc.). In accordance with Part 2 of Art. 1 of the Law of Ukraine “On the List of Permits in the Field of Business Activity” it is forbidden to require business entities to obtain documents of a permitting nature that are not included in the List approved by this Law. In addition, this law provides that the establishment of other types of documents of a permitting nature in the sphere of economic activity can be carried out exclusively by making appropriate amendments to this Law.

NGO “Bureau of Democratic Expertise”

Not taken into account.

The position of the author does not determine the proposal for amendments and additions to the content of the relevant provision of the Project, and therefore it cannot be taken into account or not taken into account in the text.

The scope of the Laws of Ukraine “On the Permitting System in the Field of Economic Activity” and “On the List of Documents of a Permissive Nature in the Field of Economic Activity” does not apply to the legal relations proposed to be settled by the Draft, since it does not concern the licensing system for operations with weapons, military supplies, explosives and substances.

! 2

To p. 2.10 Instructions

The text indicated under paragraph 2.10 is absent in the text of the current version of the Order of the Ministry of Internal Affairs No. 622, published on the website of the Verkhovna Rada: https://zakon.rada.gov.ua/laws/show/z0637-98/ed20230623#Text

According to the Law of Ukraine “On Licensing of Business Activities”, the principles of unity, openness, legality are established, guaranteeing clarity and simplicity of licensing procedures, unambiguity and non-regularity of license terms. A single list of types of economic activity, as well as the introduction of new types subject to licensing, is established exclusively by this Law. An exclusive list of activities that are subject to licensing is established in Art. 7 of this Law. This list does not contain such activities as activities of physical education and sports facilities (shooting ranges, shooting ranges, etc.). According to Part 2 of Art. 1 of the Law “On the List of Permits in the Field of Economic Activity” it is forbidden to require business entities to obtain documents of a permitting nature that are not included in the List approved by this Law. In addition, this law provides that the establishment of other types of documents of a permitting nature in the sphere of economic activity can be carried out exclusively by making appropriate amendments to this Law. Regarding the agreement on the centralized protection of property with the response of the guard police uniform, we should note that, in accordance with Art. 320 Civil Code of Ukraine, the owner has the right to use his property for the implementation of business activities, except for cases established by law. The law may establish the conditions for using the owner of his property for the implementation of business activities. Also, according to Art. 6 Civil Code of Ukraine prohibits illegal interference of state authorities and local self-government bodies, their officials in economic relations. The security police as the only alternative for the implementation of such a function is actually the promotion of monopoly and anti-competitive actions on the part of the Ministry of Internal Affairs in the interests of individual units of the Ministry of Internal Affairs.

In accordance with parts 1, 2 of Art. 42 of the Constitution of Ukraine the entrepreneurial activity of deputies, officials and officials of state authorities and local self-government bodies is limited by law. The state provides protection of competition in business activities. Abuse of monopoly position in the market, unfair restriction of competition and unfair competition are not allowed. Types and limits of monopoly are determined by law.

NGO “Bureau of Democratic Expertise”

Not taken into account.

The position of the author does not determine the proposal for amendments and additions to the content of the relevant provision of the Project, and therefore it cannot be taken into account or not taken into account in the text.

The scope of the Laws of Ukraine “On the Permitting System in the Field of Economic Activity” and “On the List of Documents of a Permissive Nature in the Field of Economic Activity” does not apply to the legal relations proposed to be settled by the Draft, since it does not concern the licensing system for operations with weapons, military supplies, explosives and substances.

! 3

To p. 2.11 Instructions of the Order of the Ministry of Internal Affairs No. 622

The text listed under paragraph 2.11 is absent in the text of the current version of the Order of the Ministry of Internal Affairs No. 622, published on the website of the Verkhovna Rada https://zakon.rada.gov.ua/laws/show/z0637-98/ed202 30623 #Text In accordance with Art. 320 Civil Code of Ukraine, the owner has the right to use his property for the implementation of business activities, except for cases established by law. The law may establish the conditions for using the owner of his property for the implementation of business activities. Also, according to Art. 6 Civil Code of Ukraine prohibits illegal interference of state authorities and local self-government bodies, their officials in economic relations.

NGO “Bureau of Democratic Expertise”

Not taken into account.

The position of the author does not determine the proposal for amendments and additions to the content of the relevant provision of the Project, and therefore it cannot be taken into account or not taken into account in the text.

The scope of the Laws of Ukraine “On the Permitting System in the Field of Economic Activity” and “On the List of Documents of a Permissive Nature in the Field of Economic Activity” does not apply to the legal relations proposed to be settled by the Draft, since it does not concern the licensing system for operations with weapons, military supplies, explosives and substances.

! 4

To p. 4 Instructions of the Order of the Ministry of Internal Affairs No. 622

According to Art. 321 Civil Code of Ukraine a person may be deprived of the right of ownership or restricted in its exercise only in cases and in the manner established by law.

NGO “Bureau of Democratic Expertise”

Not taken into account.

The position of the author does not determine the proposal for amendments and additions to the content of the relevant provision of the Project, and therefore it cannot be taken into account or not taken into account in the text.

The scope of the Laws of Ukraine “On the Permitting System in the Field of Economic Activity” and “On the List of Documents of a Permissive Nature in the Field of Economic Activity” does not apply to the legal relations proposed to be settled by the Draft, since it does not concern the licensing system for operations with weapons, military supplies, explosives and substances.

! 5

To p. 5.1 Instructions of the Order of the Ministry of Internal Affairs No. 622

According to Art. 319 Civil Code of Ukraine, the owner owns, uses, disposes of his property at his own discretion. The owner has the right to commit any actions in relation to his property that do not contradict the law. The activities of the owner may be restricted or terminated, or the owner may be obliged to allow other persons to use his property only in the cases and in the manner prescribed by law. According to Art. 321 Civil Code of Ukraine a person may be deprived of the right of ownership or restricted in its exercise only in cases and in the manner established by LAW. In accordance with Art. 325 of the Civil Code of Ukraine, individuals and legal entities can be owners of any property, with the exception of certain types of property, which in accordance with the law cannot belong to them. The composition, quantity and value of property that may be owned by individuals and legal entities are not limited. At present, there is no law establishing the legal regime of gun ownership, including any permits or restrictions on the acquisition or sale of weapons in private ownership. Because the Law of the USSR “On Property” lapsed in 2007, and the Civil Code of Ukraine provides for the free circulation of things, in addition to the restrictions established by law. Thus, the Instruction of the Ministry of Internal Affairs No. 622 in general and paragraph 5.1 contradict Art. 41, 92 of the Constitution and Art. 178, 319, 321, 325 of the Civil Code.

NGO “Bureau of Democratic Expertise”

Not taken into account.

The position of the author does not determine the proposal for amendments and additions to the content of the relevant provision of the Project, and therefore it cannot be taken into account or not taken into account in the text.

The scope of the Laws of Ukraine “On the Permitting System in the Field of Economic Activity” and “On the List of Documents of a Permissive Nature in the Field of Economic Activity” does not apply to the legal relations proposed to be settled by the Draft, since it does not concern the licensing system for operations with weapons, military supplies, explosives and substances.

! 6

To p. 2.1 Instructions of the Order of the Ministry of Internal Affairs No. 622

2.1. Implementing the permit system, police authorities, in accordance with the legislation of Ukraine, issue to ministries and other central executive bodies, enterprises, institutions, organizations, business entities engaged in the production, repair, trade of non-military firearms, ammunition for it, cold and refrigerated weapons, pneumatic weapons with a caliber of more than 4.5 mm and a bullet flight speed of more than 100 m/s; production of special means charged with tear and irritant substances, personal protection, active defense and their sale, storage of firearms (hereinafter referred to as business entities), permits for the acquisition, storage, transportation (across the customs border of Ukraine, the territory of Ukraine, transit through the territory of Ukraine) and the use of firearms, ammunition for it, main parts of weapons, cold weapons, chilled weapons, pneumatic weapons; devices and ammunition for them; explosive materials and substances; for the opening and operation of warehouses, warehouses and bases where they are stored, shooting ranges and shooting ranges, hunting and sports stands, as well as enterprises and workshops for the manufacture and repair of firearms and cold weapons, pyrotechnic workshops, points of study of the material part of weapons, special tools, rules for handling and their use, shops selling weapons and combat supplies for it, devices and ammunition for them, centralized fire storage points Nepalese weapons (hereinafter referred to as objects of the permit system); citizens - permits for the purchase, storage and carrying of firearms, cold, chilled, pneumatic weapons, devices.

“TRUNK” LLC

Not taken into account.

These proposals relate to the subject of legal regulation by acts of legislation of the highest legal force (Law of Ukraine “On Licensing of Business Activities”, Regulation on the Permitting System, Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 12, 1992 No. 576, License Terms Approved by the Resolution of the Cabinet of Ministers of Ukraine The Law of Ukraine dated December 02, 2015 № 1000.

Their consideration is possible after making appropriate changes to certain legislative acts.

! 7

To p. 2.3.1 Instructions of the Order of the Ministry of Internal Affairs No. 622

2.3.1.

...

Functioning of centralized storage of firearms;

...

All types of permits provided for by law, including this Instruction, may be granted to the OP TSO.

“TRUNK” LLC

Not taken into account.

These proposals relate to the subject of legal regulation by acts of legislation of the highest legal force (Law of Ukraine “On Licensing of Business Activities”, Regulation on the Permitting System, Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 12, 1992 No. 576, License Terms Approved by the Resolution of the Cabinet of Ministers of Ukraine The Law of Ukraine dated December 02, 2015 № 1000.

Their consideration is possible after making appropriate changes to certain legislative acts.

! 8

To p. 2.9 Instructions of the Order of the Ministry of Internal Affairs No. 622

2.9. Decision on granting permission for the opening and operation of shooting ranges and shooting ranges, hunting and sports stands, as well as enterprises and workshops for the manufacture and repair of firearms and cold weapons, pyrotechnic workshops, shops selling weapons, main parts of weapons and ammunition for it, devices and cartridges for them, points of centralized storage of firearms, is accepted in accordance with paragraph 11.4 of Chapter 11 of Chapter II of this Instruction and on its basis is formed an Extract from the ERZ on the availability of authorization for opening and functioning of the permit system object.

...

To make a Decision on granting permission for the opening and operation of shooting ranges, shooting ranges, hunting and sports stands, as well as enterprises and workshops for the manufacture and repair of firearms and cold weapons, shops selling weapons, basic parts of weapons and ammunition for it, devices and cartridges for the documents specified in paragraph 2.6 of this Chapter and paragraph 11.4 of Chapter 11 of Chapter II of this Instruction shall be submitted to them, to the points of centralized storage of firearms.

“TRUNK” LLC

Not taken into account.

These proposals relate to the subject of legal regulation by acts of legislation of the highest legal force (Law of Ukraine “On Licensing of Business Activities”, Regulation on the Permitting System, Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 12, 1992 No. 576, License Terms Approved by the Resolution of the Cabinet of Ministers of Ukraine The Law of Ukraine dated December 02, 2015 № 1000.

Their consideration is possible after making appropriate changes to certain legislative acts.

! 9

To p. 6.2 Instructions of the Order of the Ministry of Internal Affairs No. 622

6.2. Accounting for objects and materials is carried out in electronic form by means of ERZ.

...

Storage of firearms, ammunition for it, devices and cartridges for them is carried out by centralized storage points of firearms.

After taking for storage firearms, ammunition for it, main parts of weapons, devices, cartridges for them, objects and materials, the centralized storage of firearms enters into the ERZ information about their storage, issues extracts from the Unified Register of Weapons on the storage of weapons, ammunition to the person who has provided for storage of items for storage of weapons, ammunition the passages to it, the main part of the weapon, the device, cartridges for the device, objects and materials (hereinafter — Extract from the ERC on the storage of weapons, objects) (Annex 43) and the relevant authority shall notify it by means of the ERZ ( unit) of the police in which such a person was issued a permit to purchase them or from which such person received a document on the registration of weapons, an object for such person.

...

“TRUNK” LLC

Not taken into account.

These proposals relate to the subject of legal regulation by acts of legislation of the highest legal force (Law of Ukraine “On Licensing of Business Activities”, Regulation on the Permitting System, Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 12, 1992 No. 576, License Terms Approved by the Resolution of the Cabinet of Ministers of Ukraine The Law of Ukraine dated December 02, 2015 № 1000.

Their consideration is possible after making appropriate changes to certain legislative acts.

! 10

To p. 7.5 Instructions of the Order of the Ministry of Internal Affairs No. 622

7.5.

...

Within three working days after the application of the applicant, the CCP shall transmit to the police authority (unit) the documents in paper form submitted to the central storage office of firearms, at the place of residence of the individual or at the place of proceedings by the business entity that provided the items for storage, when paper copies of the originals of electronic documents signed by the applicant's qualifying electronic signature shall remain with him and with the police authority (unit) are not transferable.

“TRUNK” LLC

Not taken into account.

These proposals relate to the subject of legal regulation by acts of legislation of the highest legal force (Law of Ukraine “On Licensing of Business Activities”, Regulation on the Permitting System, Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 12, 1992 No. 576, License Terms Approved by the Resolution of the Cabinet of Ministers of Ukraine The Law of Ukraine dated December 02, 2015 № 1000.

Their consideration is possible after making appropriate changes to certain legislative acts.

! 11

To p. 11.12 Instructions of the Order of the Ministry of Internal Affairs No. 622

11:12 a.m. For the storage of departmental weapons and combat supplies to it, which belong to various enterprises, institutions, organizations, citizens, educational institutions, they are equipped with centralized storage of weapons and combat supplies for it. Such points are formed by them on the basis of storerooms, warehouses and bases, shooting ranges and shooting ranges, sports and shooting clubs, educational institutions, detachments (teams) of the VOCHOR, where they function.

The point of centralized storage of firearms can be created as a separate object of the permit system.

At the point of centralized storage, weapons and combat supplies to it are stored in accordance with the requirements established by paragraph 11.5 of this chapter. The transfer of weapons and military supplies to it to the centralized storage point is formalized by an act. Each legal entity that stores weapons and combat supplies there must be allocated separate metal cabinets or boxes.

Keys to metal cabinets or boxes are stored by persons responsible for storing weapons and combat supplies to it, legal entities that handed over weapons and combat supplies to it, and duplicates of keys - in the administration of the point of centralized storage of weapons and combat supplies to it in metal safes (cabinets).

Permission to store weapons and combat supplies to it at the point of centralized storage of weapons and combat supplies to it is issued by the police authorities in the name of the head of the legal entity on the basis of which such a centralized storage point is formed.

“TRUNK” LLC

Not taken into account.

These proposals relate to the subject of legal regulation by acts of legislation of the highest legal force (Law of Ukraine “On Licensing of Business Activities”, Regulation on the Permitting System, Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 12, 1992 No. 576, License Terms Approved by the Resolution of the Cabinet of Ministers of Ukraine The Law of Ukraine dated December 02, 2015 № 1000.

Their consideration is possible after making appropriate changes to certain legislative acts.