RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of April 26, 2002 No. 3

About court practice on cases on plunder and other illegal weapon handling, ammunition, explosives, destructive devices or radioactive materials

Having discussed practice of consideration by courts of cases on crimes which subject is fire, cold weapon, ammunition, explosives, destructive devices or radioactive materials, the Plenum of the Supreme Court of Ukraine specifies that courts generally provide the correct application of the law by hearing of cases of this category. At the same time in their activities certain shortcomings still take place.

In separate cases sources of acquisition and production of weapon, ammunition, explosives, destructive devices or radioactive materials are not always established, mistakes in case of qualification of actions of perpetrators are made. Courts do not react properly to circumstances which helped illegal taking these objects, including on the found shortcomings of their accounting, storage, use and transportation.

There are difficulties in determination of subject of these crimes, the correct understanding of voluntary surrender of weapon, ammunition, explosives, destructive devices, in dissociation of the finished crime from attempt at its making and so forth.

For the purpose of improvement of judicial review of cases of this category Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that ensuring timely and correct hearing of cases about the crimes connected with illegal acts with fire or cold weapon, ammunition, explosives, destructive devices or radioactive materials is important for protection of public safety and prevention of other more serious crimes.

By consideration of these cases it is necessary to take the measures provided by the law to comprehensive, complete and objective clarification of all circumstances of crime, paying special attention on identification of sources of plunder, acquisition, production of weapon, ammunition, explosives, destructive devices or radioactive materials, establishments of motive and the purpose of perpetrators.

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