Legal aspects of declaring firearms and ammunition

The article is dedicated to the study of the legal aspects of the mechanism for declaring found or acquired firearms and ammunition by civilians, introduced in Ukraine under martial law. The authors emphasize the acute problem of the growing illegal circulation of weapons, which has intensified during Russia’s full-scale aggression. It is noted that, despite the positive evaluation of the procedure by police officers and its practical effectiveness, the current legal regulation contains a number of significant shortcomings. The purpose of the study is to substantiate proposals for improving legislation in this area. The provisions of the Law of Ukraine «On Ensuring the Participation of Civilians in the Defense of Ukraine» and the relevant order of the Ministry of Internal Affairs are analyzed. Problematic aspects have been identified, including: the vagueness of the procedure for transferring weapons to the police (in particular, regarding «any convenient way» and timeframes); the absence of legally defined criteria for declarants, which are established by a subordinate act and differ from other norms; the absence of a mandatory requirement for training in safe handling of weapons; and the lack of a clear procedure for police control over compliance with the legal regime of declared weapons. These shortcomings reduce the effectiveness of the mechanism and may deter voluntary declaration. To improve legal regulation, it is proposed to: change the procedure for transferring found weapons to the police, providing for their transfer at the location; enshrine requirements for declarants at the legislative level; expand the list of grounds for refusal to declare; introduce a reward for persons whose applications are rejected, or for those who timely surrender weapons after the end of martial law; legally enshrine the obligation to undergo training in safe handling of weapons for declarants; and approve a procedure for police control over declared weapons. Taking into account the presented proposals will contribute to increasing the social effect of weapon declaration, more effective counteraction to their illegal circulation, and will form the basis for further systematic regulation of firearm circulation in Ukraine.