Issue: № 3, 2025
Doi: https://doi.org/10.37634/efp.2025.3.10
The paper reveals the role and issues of determining the specifics of solving domestic and foreign legal problems of the use of civilian firearms as a guarantee of the constitutional right to protect the life and health of an individual. Attention is paid to the analysis of the current state of regulation of the possession and use of firearms in Ukraine. Attention is focused on the problems associated with unregulated possession and use of firearms and the prospects for improving the legal regulation of such issues. The large number of unregistered firearms in the hands of citizens, combined with the growth of crime, indicates the need to resolve legal conflicts. Since the beginning of independence in Ukraine, there have been many attempts to adopt legislation that would regulate the possession and use of firearms by civilians. As of now, several draft laws of Ukraine have been registered in the Verkhovna Rada of Ukraine, the subject of which was the circulation of civilian firearms, but further projects have been abandoned (into drafts). Another important step should be the creation of unified standards for the classification of civilian firearms. Also relevant for the selected issue is the study of the best practices of other developed countries regarding the circulation of civilian firearms. In other countries of the world, various laws on the possession of weapons are relevant, sometimes even diametrically opposed in their content. Typically, the relevant regulatory legal acts were formed during a rather long historical development of states and usually depend on the culture of handling weapons in each of them. Some states completely prohibit citizens from owning firearms, while other states allow citizens to own certain types of weapons. It is extremely important to improve national legislation on the legal problems of using civilian firearms as a guarantee of the constitutional right to protect the life and health of a person, because in recent years in our state, given the presence of a huge number of unregistered firearms, the criminogenic situation in the country has been worsening. It is necessary to carefully plan strategies for developing and solving this issue, ensure their regular adaptation to changing conditions, and continuously monitor their effectiveness.
Keywords : the right to civilian firearms, the right to defense, constitutional rights, the right to life, human rights, rights and obligations, health care, the right to health protection, legal guarantee, circulation of firearms
References:
1. On control of the acquisition and possession of weapons: Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons (codification)). URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32021L0555
2. Constitution of Ukraine: Law of Ukraine dated 28.06.1996 No. 254k/96-ВР. URL: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text (in Ukrainian).
3. Bryhinets O.O. Legal support for the protection of personal data in the health care sector. Economics. Finances. Law. 2024. No. 5. pp. 41-43. (in Ukrainian).
4. On the right to self-defense and possession of civilian firearms: Draft Law of Ukraine dated 13.07.2021 № 5708-1. Verkhovnа Radа Ukrainy. URL: https://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=72481 (in Ukrainian).
5. On the right to self-defense and possession of civilian firearms: Draft Law of Ukraine dated 25.06.2021 № 5708. Verkhovna Rada Ukrainy. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=72360 (in Ukrainian).
6. On the circulation of civilian firearms and military supplies for them: Draft Law of Ukraine dated 06.11.2020 № 4335. Verkhovna Rada Ukrainy. URL: https://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=70363 (in Ukrainian).
7. On civilian weapons and ammunition: Draft Law of Ukraine dated 24.11.2020 No. 4335-1. Verkhovna Rada Ukrainy. URL: https://ips.ligazakon.net/document/JI03751A?an=3 (in Ukrainian).
8. Degli Esposti, Michelle, et al. Analysis of «stand your ground» self-defense laws and statewide rates of homicides and firearm homicides. JAMA network open 5.2 (2022): e220077-e220077. URL: https://pubmed.ncbi.nlm.nih.gov/35188553/