Bohdan Drapyaty told what will happen with firearms, which were issued to civilians to participate in repelling and deterring the aggression of the Russian Federation
In the author's column of the “Mirror of the Week”, Deputy Minister of Internal Affairs of Ukraine Bohdan Drapyaty explained that he will continue with this weapon.
As is known, in the first days of the full-scale war, the state authorities took extraordinary steps to defend and protect the Ukrainian people, territorial integrity, sovereignty and independence of our country from the Russian occupiers, in particular by issuing firearms to civilians for the period of martial law.
Thus, within the framework of the implementation of the provisions of Article 65 of the Constitution of Ukraine, according to which the protection of the Motherland, its independence and territorial integrity is the duty of citizens of Ukraine, in the first days of a full-scale war, the Ministry of Internal Affairs, together with the members of the relevant parliamentary committee, developed the draft law “On ensuring the participation of civilians in the defense of Ukraine”, which was further adopted by the Verkhovna Rada and entered into force on March 7, 2022.
The law provides for the right to civilians during the period of martial law to receive firearms and ammunition for it, as well as to use them (own award weapons, sports weapons, pistols, revolvers, rifles, smoothbore rifles, hunting rifling, smoothbore combined or combined arms) to repel and deter armed aggression of the Russian Federation.
The Deputy Minister of Internal Affairs emphasizes that such a decision was correct, effective and timely, because it played an important role in carrying out an armed repulse to the occupying forces of the Russian Federation, especially in the first days of a full-scale war.
Currently, the Ministry of Internal Affairs, in cooperation with the Parliament, is conducting a substantive discussion on the development of an optimal model of legal regulation in terms of the right of civilians to unregistered firearms during the martial law period to repel and deter armed aggression of the Russian Federation and have developed a balanced version of the draft law “On amendments to the Law “On Ensuring the Participation of Civilians in the Defense of Ukraine” on improving the procedure for obtaining, declaring and handling firearms”.
The draft law proposes the following:
— to create a legal mechanism for civilians to declare (not to hand over) to the bodies of the National Police of Ukraine firearms that were received or found and used/used for the purpose of repelling and deterring armed aggression of the Russian Federation;
— introduce a simplified and free declaration procedure. Such weapons are state property that can be used by civilians for the period of martial law. Within 90 days after the end or abolition of martial law, such weapons must be returned to the National Police of Ukraine;
— prohibition of civilians to carry and store firearms that will not be registered or voluntarily declared in the bodies (units) of the National Police of Ukraine, except for areas of military (combat) actions. For the commission of such actions, civilians will bear the responsibility provided for by the Criminal Code of Ukraine, in the general manner;
— a civilian who finds a firearm and/or ammunition for it will be obliged within 24 hours to inform the National Police of Ukraine about this fact, to transfer the find to the police in any convenient way for further surrender or declaration (if it is established that the weapon found was not used in the crime. criminal offenses) or indicate the location of the weapon found for further seizure;
— in case of establishing the involvement of found or voluntarily declared firearms in the commission of criminal offenses, removed or illegally altered markings on firearms or non-compliance of firearms with the requirements stipulated by law, such weapons shall be seized by the authorities of the National Police of Ukraine.
Firearms, which will be subject to voluntary declaration, mean rifled firearms of caliber not more than 12.7 mm, smooth-bore firearms of caliber not more than 23 mm and ammunition thereto. In fact, these weapon parameters include a combat pistol, a large-caliber sniper rifle, an assault rifle, a hunting rifle, etc.
It is clear that civilians were not allowed and are not allowed to use military equipment, tanks, infantry fighting vehicles, large-caliber machine guns, portable anti-aircraft missile systems, grenade launchers and other types of exclusively military weapons and equipment.
The prohibition of civilians — citizens of Ukraine to possess firearms and ammunition today is determined by the provisions of the first part of Article 263 of the Criminal Code of Ukraine, which establishes criminal liability for carrying, storing, acquiring, transferring or selling firearms (except smooth-bore hunting), combat supplies, explosives or explosive devices without permission provided by law.
Therefore, first of all, to provide a person with legal guarantees for the use of unregistered weapons before the end of the martial law and non-prosecution within the framework of Article 263 of the Criminal Code of Ukraine, as well as to strengthen control over the circulation of weapons, the corresponding draft law No. 9538 has been developed.
Department of Communications of the Ministry of Internal Affairs of Ukraine
