Формування поняття "дозвільна система" у законодавстві Україні

Abstract

Висвітлено генезис поняття "дозвільна система" в Україні. Виокремлено історичні періоди зазначеного процесу, а також надано їх характеристику та виділено особливості кожного періоду.

This article analyzes the genesis of the concept of "licencing system" in Ukraine, as well as regulations that form the basis of legal regulation in the sphere of arms. Yes, in part 3 of Article 27 of the Constitution of Ukraine states that everyone has the right to protect his life and health, life and health of others from unlawful encroachments. To implement this law citizens can buy, store, carry and use special means of self-defense (gas pistols and revolvers, aerosols, charged substances tear and irritating action and ammunition to it). Accordingly, the state must regulate the aforementioned areas. Also, in this article analyzes the process of formation of the concept of "permit system" since Ukraine's independence and the formation of its own laws, which generally resulted in a concept of "permit system" which we now know: as defined in the Cabinet of Ministers of Ukraine № 576 "on approval of the licensing system" licensing system - a special procedure for the manufacture, purchase, storage, transportation, registration and use of specifically identified items, materials and substances, as well as the opening and operation of individual businesses, workshops and laboratories in order to protect the interests of the state and security of citizens. Later becoming considered the term "permit system" in different historical periods. To do this, you must apply to the legislative history of the regulation of conventional weapons based division of historical periods. Since the development of the legal framework of regulation of arms trafficking, and consequently the legal definition of the licensing system, analyze begin with the appearance of firearms in the Russian Empire, then the Soviet Union and Ukraine gained independence. It is in these stages can highlight features that influenced the development of legislation on the formation of the concept of "permit system". In this regard aim of this paper is to determine the characteristics of the formation of the concept of "permit system" in the legislation of Ukraine during its historical development. Achieving this goal involves the following tasks: 1) coverage forming the concept of "permit system" in the period from about the end of the fourteenth century. to 1917; 2) establishing features of formation of the concept of "permit system" in the period from about 1917 to 1991; 3) highlight features of formation of the concept of "permit system" from 1991 to the present.