SOKOLOV O. Forensic Investigation of Objects with Signs of Firearms Intended for the Purpose of Damage, but Not Related to the Manufacturer of Firearms

The dissertation to achieve a scientific degree of the candidate of legal sciences (PHD) on the speciality 12.00.09 “Criminal process and criminology; forensic examination; operational and investigative activities”. – Luhansk State University of Internal Affairs named after E.O. Didorenko, Severodonetsk, Odesa State University of Internal Affairs, Odesa, 2021. In the dissertation on the basis of studying of the law, methods of carrying out of judicial examinations, literary sources, results of generalization of expert practice and experiments the complex research of objects with features of firearms intended for the defeat of purposes, but not related to the firearms, such as starting and gas, was carried out pistols and revolvers, firearms disguised as firearms fired and deactivated, pistols and revolvers under Flaubert's cartridges, etc. The peculiarities of expert study of such products in solving classification, diagnostic and identification issues are considered. There are generalized methods of criminal concealment of firearms for products for which illicit trafficking does not provide for criminal liability. The most problematic issues that arise during their forensic research of the above objects are investigated and the ways to solve them are suggested. The shortcomings of the methodological support of forensic research of such products are summarized and the ways of its improvement are suggested. Common ways of self-made restoration of deactivated and emptied firearms for firing ammunition and the traces that are formed are considered. The mechanism of trace formation on bullets and shells fired from devices with firearms features intended for the purpose but not related to firearms was analyzed and its comparison with the marks on bullets and shells fired from regular firearms having similar constructions with similar constructions. Examples of the use of such weapons for criminal purposes are given. The main provisions of the directives, regulations and other legal acts of the European Union concerning the sphere of circulation of objects with firearms characteristics are investigated, as well as their comparative analysis with the provisions of the existing national normative legal acts regulating the sphere of circulation of civilian weapons in Ukraine. The main requirements of the European legislation on the control of arms trafficking, which are obligatory for the implementation in the national legislation of the member and candidate countries for accession to the European Union, are considered. The comparative analysis of the provisions of the Ukrainian and European legislation concerning the categories of illicit weapons and weapons, whose civilian circulation is restricted, is carried out. The best solutions are proposed to harmonize Ukrainian national legislation in the field of control of small arms and light weapons, in accordance with the law of the European Union.