Legal regulation in the field of arms control: a forecast of future challenges

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Abstract

The purpose of the article is to analyse the legal regulation in the field of arms control through the prism of forecasting possible challenges in the further functioning of this industry. To achieve this goal, the author uses the scientific methods of analysis and synthesis, the normative and dogmatic method, the systemic and structural method, and modelling. Special mention should be made of the content analysis method, which was used to process the extensive scientific literature, from which the 45 most relevant positions were selected. The scientific novelty of the article lies in the attempt to formulate specific borrowings that can be adapted from European and American practices in order to improve the situation in those countries that have embarked on the path of forming a legislative framework for the legal circulation of weapons. First of all, this novelty is relevant to the Ukrainian reality, where, as a result of Russian aggression, civilians have gained access to weapons. The results show that legal regulation of arms control and analysis of future challenges in this area are relevant subjects of research. It is found that a combination of the legislative experience of the European Union and the United States of America may be promising. In particular, it is important to develop a system that will allow legalising the weapons already owned by citizens, using the appropriate classification proposed by European regulations. This means dividing firearms into separate categories (A, B, C), which can be owned by citizens only under certain exceptional circumstances, after obtaining appropriate permits or as a result of mandatory declaration. At the same time, attention should be paid not only to the technical condition of weapons but also to the relevant medical examinations of weapons owners. The article concludes by noting that there will be challenges for law enforcement and civil society. This includes the willingness to use weapons only when really necessary, to avoid their misuse, voluntary cooperation with law enforcement agencies, and other aspects.
军备控制领域的法律规制:对未来挑战的预测
本文的目的是通过预测该行业进一步运作中可能面临的挑战的棱镜,分析军备控制领域的法律管制。为达到这一目的,作者运用了分析与综合的科学方法、规范与教条的方法、系统与结构的方法以及建模的方法。特别要提到的是内容分析法,该方法用于处理大量的科学文献,从中选择了45个最相关的立场。该条在科学上的新颖之处在于,它试图拟定可以借鉴欧洲和美国的具体做法,以改善那些已走上为武器合法流通建立立法框架道路的国家的状况。首先,这种新奇与乌克兰的现实有关,在乌克兰,由于俄罗斯的侵略,平民获得了武器。结果表明,军控法律规制和未来挑战分析是相关研究课题。研究发现,将欧洲联盟和美利坚合众国的立法经验结合起来可能是有希望的。尤其重要的是,要发展一种制度,利用欧洲法规提出的适当分类,使公民已经拥有的武器合法化。这意味着将枪支分为不同的类别(A、B、C),公民只有在某些特殊情况下,在获得适当许可或经过强制申报后才能拥有。同时,不仅要注意武器的技术状况,而且要注意武器拥有者的相关医疗检查。文章最后指出,执法和公民社会将面临挑战。这包括只有在真正必要时才愿意使用武器,以避免滥用武器,自愿与执法机构合作,以及其他方面。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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