The law on the weapon: “ for “ and “ against “
Our correspondent has met deputy chief Kontrolno - methodical management of Investigatory committee at the Ministry of Internal Affairs of Russia the colonel of justice Sergey Manahovym and has asked to tell, in what an essence of a problem and in what imperfection of the Law " is shown; About the weapon “.
- Sergey Anatolevich, the statistics says that relative density of the crimes connected with illegal circulation of the weapon and explosives, that is with obvious infringement of articles of the Law “ About the weapon “ makes only 2 percent from total of crimes. A leah it is necessary to sound alarm?
- Costs. Absolutely precisely it is known that consequences of application of not registered weapon and explosives all become heavier. Terrible results increase. Last year it is revealed 54 thousand similar crimes, on the investigated criminal cases in 2003 900 kgs of explosives, 2 thousand explosives, over 14 thousand units of fire-arms and more than 350 thousand various ammunition are withdrawn almost.
- As soon as possible to withdraw such weapon?
- In the Ministry of Internal Affairs support that on federal level to legalise the mechanism of voluntary delivery and the repayment of the weapon and ammunition at the population on a compensatory basis. Till now such law at us simply is not present. Though in some regions it already becomes - the weapon is redeemed. If in 2000 such actions were spent basically in territory of 10 regions of Russia, in 2003 - already in 35. A result - for half a year people have voluntary brought in militia more than 34 thousand trunks. To the former owners of this arsenal it is paid 1 million 300 thousand roubles.
- That prevents to carry out such actions regularly?
- For full-scale work with payment of indemnifications of the Ministry of Internal Affairs of Russia simply has no the necessary treasury. And the Ministry of Finance in assignment does not support us, because compensatory payments for voluntary handed over weapon are not provided by the federal legislation. There are also other departments which do not support our desire to pay for each voluntary handed over trunk. Unfortunately, other most effective form “ mine clearing “ our society is not present.
- it is possible, the problem is exaggerated and it is not necessary to apply such concept, as “ the society is mined “?
- Is not present, costs. Ponder, we withdraw annually tons of explosives. And how much it is still hidden - it is buried technically serviceable weapon? So the we will fast find on these purposes of a money, the will be trunks on hands less.
- And what legal certificates police officers are guided, accepting from the population it is the weapon?
- According to the note to article 222 of the criminal code of Russian Federation the person who has voluntary handed over illegally stored weapon or explosives, is released from a criminal liability if in its actions does not contain other structure of a crime.
- Means, there is a humanisation of the criminal legislation?
- In any degree, yes. And personally I not against softening of the criminal legislation, but consider that now it is premature that for illegal carrying (turn) of the weapon or an explosive the criminal liability should be provided. In particular, changes according to which the criminal liability for a turn of all kinds of smooth-bore fire-arms is excluded are made to article 222 of the criminal code of Russian Federation. From - that in article edition one word - " is passed; hunting “ it is unreasonable dekriminalizirovano, that is it is actually authorised, storage, carrying and acquisition of smooth-bore pistols (IZH - 71), sawn-off shotguns, self-made “ podzhig “ which also are “ smooth-bore fire-arms “ (only this year, on operative reports, more than 30 times were applied in criminal intents and sawn-off shotguns) were withdrawn.
It is necessary to notice that on the conveniences (to a streamline shape, a short trunk) the sawn-off shotgun does not concede a pistol - to the automatic machine “ Agran “ (well if only on rate of fire). So a sawn-off shotgun - the present weapon of the killer. After all as the criminal argues? What for to carry a TT? For it will plant, I will carry therefore a sawn-off shotgun.
- What blanks in the legislation on the weapon still remained?
- In 1997 the criminal liability for all actions connected with illegal circulation of all fire-arms, explosives and explosives (article 222 of the criminal code of Russian Federation), manufacturing (article 223 of the criminal code of Russian Federation), and also plunder of the specified subjects (article 226 UK) have been established. However since December, 2003 the criminal liability for illegal circulation of the smooth-bore, cold and gas weapon (except for sale) is cancelled. We specified in an illogicality of these changes, but the legislator has not heard us, and after all half of crimes is made with application of this weapon.
In territory of the Russian Federation it is forbidden to use the following weapon as civil and office:
fire dlinnostvolnoe the weapon with capacity of shop (drum) more than 10 cartridges, a trunk having length or length of a trunk with a receiver less than 500 mm and total length of the weapon less than 800 mm, and also having a design which allows to make its length less than 800 mm and thus are not lost possibility of manufacture of a shot;
fire-arms which has the form simulating other subjects;
the fire smooth-bore weapon made under cartridges to fire-arms with a cut trunk;
the weapon and other subjects, amazing which action is based on use of radioactive radiation and biological factors, and also on use of electromagnetic, light, thermal, infrasonic or ultrasonic radiation and which have the target parametres exceeding sizes, established in the state standards of the Russian Federation and corresponding to norms of federal enforcement authority in the field of public health services;
the gas weapon equipped nervously - paralytic, poisoning, and also other substances which have been not resolved to application by Ministry of Health of the Russian Federation;
cold klinkovoe the weapon and knifes, klinki and which edges or are automatically taken from the handle by pressing the button or the lever and are fixed by them, or put forward at the expense of gravity or the accelerated movement and automatically fixed, at length klinka and edges more than 90 mm.
Michael Grishankov, the first deputy of the chairman of committee of the State Duma on security:
- Now all over the world there is a severe struggle for toughening of laws on sale of pistols, and in Russia suddenly try to press through the right to such weapon to almost all categories of citizens.
Personally I against expansion of the list of those who has the right to carrying first of all korotkostvolnogo of the cut weapon. To the USA lately there is the most severe restriction of traffic in arms. We not America. But amendments and changes need to be brought, only a few other order. For example, why carrying and storage of smooth-bore pistols is actually authorised? And it at times use it is criminal the adjusted citizens.
In my opinion, taking into account the amendments accepted in the end of work of the Duma of last convocation, the Law “ About the weapon “ Though is not ideal, allows to regulate legislatively relations in this sphere. Periodically round this law there are the various discussions connected including with idea to resolve free sale to citizens korotkostvolnogo fire-arms with a view of self-defence.
My relation to this idea negative, and that is why. In - the first, in the majority of the western countries to which experience supporters of free circulation of the weapon often appeal, last 10 years there is a purposeful toughening of the legislation. More religiously there is an order of sale of the weapon to citizens, the number of the models resolved to a free turn is reduced. It is connected with numerous cases of a use of weapons with tragical consequences at schools and other public places, in particular in the USA and Great Britain.
In - the second, the law in force already gives enough ample opportunities for use by citizens of means of self-defence, including electroshock protection frames and the gas weapon.
In - the third, in the conditions of our low legal culture, and sometimes and legal nihilism, presence at our citizens korotkostvolnogo fire-arms can lead to its wide use for the permission of various household quarrels with predicted tragical consequences.
At the same time I suppose that in process of growth of legal consciousness, say, years through 15 - 20, the situation can change and to this question it will be possible to return.