RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of March 12, 2002 No. 5

About court practice on cases on plunder, racketing and arms trafficking, ammunition, explosives and destructive devices

For the purpose of ensuring uniform application by courts of the legislation on responsibility for the crimes connected with plunder, racketing and arms trafficking, ammunition, explosives and destructive devices, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. In case of the solution of question of availability in actions of person of signs of the crime components provided by Articles 222 - 226-1 Criminal Code of the Russian Federation, to courts it is necessary to establish whether the objects withdrawn from it are weapon, its main parts or accessories, ammunition, explosives or destructive devices, responsibility for which illicit trafficking is provided by the specified articles of the Criminal Code of the Russian Federation.

On the cases connected with weapon and ammunition No. 150-FZ should proceed from provisions of the Federal Law of December 13, 1996 "About weapon" (further - the Federal Law "About Weapon"), the regulation of the legal relationship arising in the course of traffic in weapons and ammunition to it, the rights and obligations of participants of these relations establishing the basic rules.

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