Munitions and explosives as objects of criminal offences during the commission of criminal offences

V. Yusupov, Yu.I. Filipov
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Abstract

Without a principal law in Ukraine on weapons and munitions for them, certain difficulties arise in law enforcement activities with the qualification of the actions of offenders in the field of illegal circulation of weapons, manufacture of munitions, and the use of explosives. The purpose of this study was to investigate such weapons as ammunition and explosives, which become the subject of offences by criminals in connection with the illegal circulation of weapons, their components, their manufacture, and use. The study employed historical-legal, comparative-legal, systemic-structural, statistical, and sociological methods. Military supplies and explosives were classified to establish a particular object as an object of criminal encroachment; their forensically significant features and properties were determined. The role of ballistics specialists, explosives specialists, and other experts during the inspection of the scene, the investigation of illegal arms trafficking, the manufacture of ammunition and the use of explosives was covered. It was proved that ammunition and explosives have a close relationship with the persona of the criminal, the method of committing the criminal offence, and the trace pattern. The theoretical provisions regarding the properties and signs of ammunition and explosives were improved. Forensic recommendations on the actions of law enforcement officers with ammunition and explosives in criminal proceedings were developed. Recommendations regarding the removal and packaging of munitions and explosives as physical evidence have gained further development. The practical significance lies in clarifying the properties and signs of ammunition and explosives, which allows for the identification of these items at the initial stage of the investigation; correct actions for their detection, fixation, extraction, packaging; appropriate criminal-legal qualification of the offence committed
在实施刑事犯罪期间作为刑事犯罪客体的弹药和爆炸物
乌克兰没有一项针对他们的武器和弹药的主要法律,在执法活动中就会出现某些困难,因为违法者在非法流通武器、制造弹药和使用爆炸物方面的行为是有资格的。这项研究的目的是调查弹药和爆炸物等武器,这些武器成为犯罪分子在非法流通武器、武器部件、武器制造和使用方面的犯罪对象。该研究采用了历史法学、比较法学、系统结构、统计学和社会学方法。军用物资和炸药被分类,以确定某一特定物体为犯罪侵犯对象;确定了它们具有法医意义的特征和性质。讨论了弹道学专家、爆炸物专家和其他专家在视察现场、调查非法贩运武器、制造弹药和使用爆炸物等方面的作用。结果表明,弹药、爆炸物与犯罪分子的人格、犯罪方式、犯罪痕迹形态有着密切的关系。改进了有关弹药和炸药性能和标志的理论规定。就持有弹药和爆炸物的执法人员在刑事诉讼中采取的行动制定了法医建议。关于移除和包装弹药和爆炸物作为物证的建议已得到进一步发展。其实际意义在于澄清弹药和爆炸物的性质和标志,以便在调查的初期阶段查明这些物品;对其检测、固定、提取、包装的正确操作;犯罪行为具有适当的刑事法律资格
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