Nikolay G. The subject of proof and court examination of the cases on illegal handling of arms, ammunition and explosive substances

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U005275

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

04-12-2007

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The author has researched theoretical and practical problems of the subject of proof and court examinations of the cases on misappropriation and other illegal handling of fire arms, ammunition and explosive substances. The structure of the subject of proof, the object, the objective and subjective side of the crime as the element of the strurcture of the subject of proof on the criminal cases of this category have been analysed in this research. The subject of proof is understood as the aggregate of the circumstances, Provided for by the legislation, which are subject to obligatory clearing up in every criminal case with the aim of correct solution. The researcher has investigated some specific features of collecting and checking-up of the evidence in the criminal cases on misappropriation and other illegal handling of fire arms, ammunition and explosive substances. The author has grounded the necessity of classification of arms into two main types with the corresponding gradation of punishment: 1. thearms with a low level of hitting capacity; 2. especially dangerous arms (with a high level of hitting capacity). Some specific features of the court investigations of this category of cases have been researched. The author has made some proposals in order to perfect criminal and procedural and criminal legislation in force, which regulates the order of handling of fire arms, ammunition and explosive substances. The researcher has described some specific features of application of knowledge in the examination of this category of cases and the forms of their application (expert, specialist, the person, who processes some special scills). Legal nature of the conclusion of the expert in the solution of the isshe about classification of these crimes has been defined in the research

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