Міжнародний досвід правового регулювання обігу зброї (на прикладі США)

Abstract

Висвітлено досвід правового регулювання обігу зброї у Сполучених Штатах Америки та шляхи вирішення питання щодо поширення зброї серед цивільного населення. Виокремлено особливості використання того чи іншого зарубіжного досвіду регулювання обігу зброї в Україні.

This article deals with the issue of legal regulation of the firearms traffic in the United States of America. So, the issue of legal regulation of the circulation of firearms and ammunition in Ukraine was always relevant, but has recently become particularly acute in connection with the conduct of hostilities in the East. The most widespread phenomena of socially dangerous nature that endanger human life and health and limit their rights and interests are offenses and crimes committed using firearms. It is the turn of arms that has a significant impact on the crime situation in the country, which significantly affects the level of guaranteeing the safe living of citizens of the country. There are a number of issues related to legalization or vice versa, the prohibition of the free circulation of firearms among citizens. This, in turn, emphasizes our attention to the legal regulation of this phenomenon. The necessary stage of in-depth study of this problem is the study of the positive experience of foreign countries through the study of legislation, the analysis of its individual provisions and comparison with domestic normative and legal acts. The purpose of this article is to study the legal regulation of arms traffic in the United States of America and to analyze the issue of the free movement of firearms among the civilian population, as well as to propose possible ways to use the US experience in legal regulation of arms circulation in Ukraine. The purpose of this goal has necessitated the following tasks: 1) to analyze the foreign legislation and determine the positive or negative experience in this sphere; 2) analyze the domestic legislation; 3) Propose possible ways to use the US experience in Ukraine. The overwhelming majority of ideas and provisions of the legislative acts of the Ukrainian state comply with world and European standards. Ukraine, trying to meet the standards set by the West, tries to orient as much as possible on the experience of these countries in solving sociopolitical issues of state building, improvement of the legal system, etc. However, there are some disadvantages, which are caused, first of all, by the state's unreadiness for fundamental changes in the legislation, and, equally important, the lack of understanding by the Ukrainian society of some innovations. At the moment, much attention is being drawn to the ability of Ukrainians to freely possess firearms, which, in their turn, causes both positive and negative responses in society. The regulation of the circulation of firearms among the citizens is one of the components of the process of state building and public safety system, therefore it is expedient to study the experience of foreign countries in this sphere. For the purpose of determining the optimal approach to solving a problematic range of issues regarding the access of Ukrainian citizens to firearms, for example, we take one of the most famous countries where the free movement of firearms among the civilian population, the United States of America, is permitted in the legal order.