Shumeyko T. Administrative and legal grounds for the formation and implementation of the State policy in the area of circulation of weapons in Ukraine

The Thesis formulates the administrative and legal grounds for the formation and implementation of the State policy in the area of circulation of weapons in Ukraine. It is proved that the internal structure of the circulation of weapons in Ukraine covers two interrelated elements: firstly, on the legality of the handling of arms there is legal and illegal (socially harmful, socially dangerous) circulation of weapons; secondly, on the regime of arms circulation there is special and civilian arms circulation. The conceptual essence of the State policy in the area of circulation of weapons in Ukraine is revealed, its features are described, the system of principles and the current legal framework for the formation and implementation of this policy are determined. It is established that the content of this policy includes conceptual foundations (modern doctrine of administrative law) and ideological and fundamental principles (principles of formation and implementation of this policy). For the first time, a conceptual interpretation of the essence of the State policy in the area of circulation of weapons in Ukraine through the appropriate administrative and legal mechanism is carried out. It is established that the goal of this policy is to create favorable conditions for the development of relations and processes in the relevant field in the country, which 1) expand legal possibilities a) of the State to protect sovereignty, constitutional order, law and order, society and citizens, their property; b) of citizens to protect their life and health, in particular, with the use of weapons, as well as to be engaged in economic activities in the area of circulation of weapons; 2) determine the features of lawful behavior in the area of the circulation of weapons and prevent illegal arms trafficking and the existence and emergence of other security risks in this area. The content of administrative and legal acts that constitute the legal basis for the formation and implementation of the State policy in the area of circulation of weapons in Ukraine is revealed, their shortcomings and contradictions are identified, and the most promising ways to eliminate them are outlined. The place of administrative legislation in the regulatory and legal support for the formation and implementation of the State policy in the area of circulation of weapons in Ukraine is identified. It is proved that nowadays the sphere of circulation of weapons is almost equally regulated in public life in Ukraine, although it is characterized by a set of legal instruments, which cannot quantify their qualitative value.