Black market of weapons in Russia. Illegal arms trade (Criminal Code)

"In connection with the prevailing criminal situation ..." - which of us did not hear these words, which warn of a possible danger. One of the reasons contributing to the development of negative factors is the illegal turnover of damaging items. This situation leads to the emergence of a black arms market in Russia. Together with its development prerequisites for the improvement of organized crime and terrorism arise.

The concept of

By definition, weapons are any means that can be used to signal, save lives (self-defense), kill or defeat any living target.

In order to ensure a unified legal policy in the field of arms turnover, in 1997 the Federal Law "On Arms" No. 150-FZ came into force, which regulates the entire arms sector and provides basic concepts. In accordance with the law, the function to exercise control over the turnover of firearms is vested in the police. The terms of reference are defined in the Federal Law "On Police", which entered into force in 2011.

It should be noted that with the adoption of the Law "On Arms", the number of persons acquiring hunting, sports and other guns and pistols in a legal way has increased. In this case, weapons are subject to mandatory registration, and the owner must have a license to purchase, store and use this item. This function is carried out by a special police department - OHRR (licensing and licensing department).

Unfortunately, in the Law "On Arms" the subject is not sufficiently disclosed, which allows one to interpret this norm at its own discretion. In particular, the category of non-lethal weapons (for example, a gas pistol) is not included in the list , which, although not traumatic, is intended for shooting. Standard bullets can be replaced with traumatic bullets.

Types of weapons

Law No. 150-FZ lists the following types (some of them are listed on the illegal arms market).

1. Civilian weapons:

A) self-defense weapon:

• Firearms smooth-bore weapons, including those with traumatic action cartridges.

• Weapons of limited impact.

• Gas weapons.

• Electroshock devices.

B) sports weapons:

• Gun with rifled barrel.

• Smoothbore.

• Cold blade.

• Thrown.

• Pneumatic with muzzle energy no more than 3 J.

C) hunting weapons:

• Long-barreled gun with a rifled barrel.

• Smoothbore long-barreled, including with a threaded part no more than 140 mm.

• The combined species is long-stemmed, including interchangeable and inserted threaded trunks.

• Pneumatic with muzzle energy no more than 25 J.

• Cold blade.

D) signal weapons ;

E) blade weapons for wearing with a national costume;

(E) Weapons used for cultural and educational purposes are antiquarian, decommissioned, of cultural value.

Thus, these types of weapons are legitimate and can be manufactured, purchased, suitable for carrying, storage and use.

Armament, which prevails in illegal turnover, is mostly firearms. The cost of weapons on the black market is determined by suppliers.

Self-upgrading weapons

It is not uncommon for cases when weapons are being strengthened, prohibited by law. Any manipulation with it, which leads to a significant change in the various characteristics not provided for by law, make this weapon illegal. In these cases, it is necessary to pay special attention, since the legislation does not specify the moments that allow modernization. For such a spontaneous change and use is provided for administrative and criminal liability.

In particular, there is article 223 in the Criminal Code, which states that it is unlawful to manufacture, alter or repair, and also illegal arms trade, which may result in the punishment of up to two years of a realistic term in the colony. Moreover, those persons who, as a result of their actions, nevertheless realized the illegality of manipulation and voluntarily surrendered the arsenal, are exempted from criminal liability.

The administrative code of 20.8-20.15 regulates the use, transfer, sale, modification and licensing of weapons, as well as wearing it by persons who are in a state of alcohol or other intoxication. There is a penalty for persons who commit an administratively punishable offense, which entails the imposition of a fine in those cases if it does not contain a criminal offense. In this sense, Russian law researchers argue that the incompatibility of the criminal and administrative code with respect to illicit arms trafficking creates a duality of punishment in the legislative policy, since it is difficult to determine the attitude of responsibility.

Reasons for illicit trafficking in weapons

Illegal circulation of weapons in Russia still has the scale of the epidemic due to the lack of technical and legal norms in the work of the licensing and permitting department. The production of standardization and certification of weapons is enshrined in the Law on Technical Regulation, which was adopted in 2003. However, the specificity of weapons as an object that threatens life and health requires the adoption of laws regulating all the features of weapons, excluding non-related applications.

You can start with the fact that illegal trafficking in weapons Among the population is quite common. Disadvantages of legislation are reflected in the reluctance of citizens to register it. This is primarily due to the length of the procedure, the need to perform actions that are not always time-consuming. The employees themselves say that it is necessary to improve technical regulations that would speed up the procedure for licensing and registration of weapons. The identification of weapons compliance with technical characteristics requires at the moment expert knowledge that ODRD staff do not possess. This, in turn, creates the need to attract outside specialists, which requires a certain amount of time.

In addition, it can be noted that illegal weapons are required for people who do not have the opportunity to obtain it legally for any reason.

Legitimate acquisition of weapons

For legal acquisition of items of striking force, you need to obtain a permit and a license. Without these documents, weapons owned by a citizen will be treated as illegal. Weapons must be purchased from a registered official entrepreneur for permission, which can be obtained from the licensing and licensing department. It's really six months. The firearm unit must be provided for inspection in the same department. From it, if necessary, control shooting with the recording of results in the puleguilteku, and then you can get a license to store, carry and use weapons. The document is valid for 5 years. To obtain such permission, it is necessary to perform the following actions:

• Undergo a medical commission.
• Get the necessary training for handling weapons.

It should be noted that it is forbidden to own weapons to persons who:

• Are registered at the narcological and psycho-neurological dispensaries;
• Have outstanding criminal records;
• Have canceled convictions for illegal circulation of weapons;
• Have not reached the age of 18 years.

For the acquisition of certain types of weapons, the age must be at least 21 years.

These and other relevant provisions of arms laws, including the criminal and administrative code, must be strictly observed, otherwise the turnover of arms will be considered illegal.

Illegal acquisition of weapons

A completely different legal institution has a black arms market in Russia. In comparison with it, illegal modernization of weapons by our own forces is part of the iceberg on the surface of the shadow economy. Currently, weapons can be purchased not only knowing the suppliers directly, but also through the Internet.

The high cost of such weapons, in comparison with legal copies, is not an obstacle for criminals or citizens who simply want to be armed. Overpaid, the buyer does not just save time, but also gets any weapons according to his needs.

The black market of weapons in Russia is constantly replenished with new and new copies, and methods of combating illicit arms trafficking remain at the same level.

Sources of illegal weapons

Basically it comes from the following sources:

• Military warehouse (theft of weapons from military bases).
• Army trail (theft of weapons during military operations).
• Service weapons stolen from law enforcement officials.
• Manufacturers of weapons that conduct illegal business.
• Smuggling from the near abroad.

According to statistics, 17% of weapons come from places of armed conflict, 14% - cases of embezzlement, 5% of the total - the results of "black archaeologists". However, respondents who did not want to name their own names, who have certain knowledge of the illegal arms trade, said that no one has bought weapons found in excavations for a long time - it is untenable.

The legal purchase of weapons. Right to purchase

The cost of a legal production weapon depends on the type of weapon it is purchased. In addition, ordinary citizens can buy the following types:

• Weapons for self-defense.
• Athletic.
• Hunting.
• Bladed cold steel, which is intended for wearing with a national costume.

Combat weapons can only be purchased strictly for their intended purpose, if this is due to the need to use it. These can be the following structures:

• Law enforcement agencies.
• Militarized security.
• The Armed Forces of the Russian Federation.
• Private security organizations.

At the same time, military weapons, prices regulated by the state, are purchased under a license that is issued to the organization itself. Employees authorized to store and carry weapons are under special training.

The cost of smoothbore units on one of the legal sites:

The cost of some types of illegal weapons

The black arms market in Russia provides models of mostly combat units. According to some reports, TT is more common than PM, since the "Makars" are mostly written-off, that is, they have already shot their own.

To date, modern organized crime prefers to use foreign weapons with a silencer, so domestic models have fallen dramatically in price. The cost of weapons varies from 100 to 900 dollars, and in some cases even higher.

For example, in the 1990s, when crime was rampant at its peak, AK-74 could be bought for $ 500. To date, the situation has changed, and the same machine, and already visited in the case, can be purchased for $ 150.

There is no precise statistical data on the cost, the more it is impossible to find the price for "black weapons" in the open access, but it is reliably known that the price is almost twice the legal price.

Officially, the Ministry of Defense refused to purchase AK-74 in favor of new weapons, which, perhaps, Izhmash will provide the state. At the moment, warehouses are overcrowded with this type of weapon, whereas modern military business requires models more sophisticated than the legendary machine.

Deprivation of a license

Companies that manufacture weapons are required to have a license under the provision "On licensing of certain types of activities". In addition, not only legal norms, but also the conditions for production, storage and sale must be observed. The police, according to the law "On Police", has the right to inspect the premises, including ancillary, for compliance with the above conditions. If a police officer detects a violation, an appropriate act is drawn up. Licenses can be lost in this case.

Further production and trade in weapons without permits is an illegal act that is punishable by law. This provision is reflected in Article 171 of the Criminal Code of the Russian Federation - illegal entrepreneurial activity without a license.

Illicit production of weapons

Not all enterprises that have lost their licenses refuse to produce and sell weapons. Commercial activity in the turnover of combat units brings substantial revenue, so there is an illegal business in the manufacture and sale of weapons. Basically, transactions are conducted through well-known persons, in which management is confident.

The transfer of arms production to the shadow economy brings considerable losses to the state, since the money received during the sale of weapons is unregistered and becomes the status of proceeds received illegally. Later, their legalization takes place, however, these funds are not subject to tax control .

Money laundering is provided for in articles 174 and 174.1 of the Criminal Code of the Russian Federation and provides for punishment of up to 10 years of imprisonment.

Features of collection weapons, copies and replicas

Legislation regulates not only military weapons, prices for which were specified earlier, but also collector's weapons. It is also subject to registration and certification, even if not used. Basically, such weapons are of historical value, and those who want to acquire a unique specimen are enough.

In addition, there are copies and replicas of weapons, which are reproduced according to the drawings of the original. These types of objects, in fact, are not considered as weapons, since they do not have the damaging ability, but they possess all the features of the original.

Copies, models, replicas of weapons are not actually a subject that has life-threatening and health-related characteristics, so it can be freely purchased without any permits.

It is worth remembering that although carrying a copy of a weapon is not a crime, a citizen has the right to detain police officers to find out the circumstances, since it is necessary to confirm the veracity of the words of the owner of the object, reproduced in the image of the original.

The legalization of weapons

Special attention should be paid to the legalization of weapons. In 2014, a message appeared that the wearing and use of any units, including combat ones, would soon be allowed. However, the Ministry of Internal Affairs denied this statement, saying that it will modernize the standards of technical regulations. This clarification will have nothing to do with the resolution of the turnover of any weapons, the ministry says.

To date, amendments have been made to the "Rules for the circulation of civil and service weapons and cartridges to it in the territory of the Russian Federation," according to which it is permitted to carry traumatic weapons to citizens for self-defense, licensed to store, carry and use it. Earlier, the law allowed to carry weapons only during training firing, hunting and sporting events.