family psychology 

Approximate plots of administrative offenses. Approximate plots of administrative offenses Article 20.12 part 3 of the Code of Administrative Offenses judicial practice

Offenses can be expressed in action (pointed a weapon at a person), and in inaction (did not check the barrel for foreign particles before shooting).

The subjects of the offense are citizens of the Russian Federation who have reached the age of eighteen, who have the right to possess and use weapons, foreign citizens and officials whose duties include the use of weapons, who have violated the rules for the use of weapons and cartridges for it (unless their actions entail criminal liability). An offense may be committed intentionally or recklessly.

The commission of an offense shall entail the imposition of an administrative fine in the amount of from fifteen to twenty times the minimum wage, with or without confiscation of weapons and cartridges for compensation. Offenses under Part.h. 1, 3 of this article are considered either by officials of the internal affairs department or judges, and part 2 only by officials of the internal affairs department.

Article 20.13 of the Code of Administrative Offenses of the Russian Federation provides for liability for firing weapons in populated areas, and in other places not designated for this, as well as in places designated for this in violation of the established rules.

A settlement should be understood as a place of permanent residence of people with a certain status (cities, towns, villages, villages, etc.), name, cartographic position.

Shooting from a weapon in other places not designated for this should be considered shooting: in wastelands, in a forest, in a field, places of rest where people can be (except for shooting in cases where it is carried out in accordance with established rules).

Specially designated areas for shooting are firing ranges, shooting ranges, shooting and hunting stands, shooting ranges owned by organizations, enterprises, institutions of any form of ownership, open with the permission of the relevant authorities, where the established safety rules are observed.

It is an offense to shoot a weapon in places not designated for this, unless there are harmful consequences. If the specified actions entailed the onset of harmful consequences, for example, careless infliction of death to another person, then they entail criminal liability.

The subjects of this offense may be citizens of the Russian Federation using or possessing weapons in accordance with the established procedure and rules. Persons who illegally own weapons are criminally liable for the commission of these actions.

The offense may be committed intentionally or by negligence.

The commission of an offense entails the imposition of an administrative fine in the amount of up to ten times the minimum wage with or without confiscation of weapons and cartridges for them.

Article 20.14 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of certification rules in the production and circulation of weapons and cartridges for them.

Article 7 of the Federal Law "On Weapons" establishes that all models of civilian and service weapons and cartridges for them produced in the territory of the Russian Federation, imported into the territory of the Russian Federation and exported from the Russian Federation, as well as products structurally similar to weapons, are subject to mandatory certification.

The organization of work on the certification of civilian and service weapons and cartridges for them, as well as products structurally similar to weapons, is carried out by the State Committee of the Russian Federation for Standardization, Metrology and Certification (Gosstandart of Russia).

The certificate of conformity is the basis for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation.

The production of weapons is understood as the research, development, testing, manufacture, as well as artistic decoration and repair of weapons, the manufacture of ammunition, cartridges and their components.

The circulation of weapons refers to their production, sale, transfer, storage, carrying, that is, any actions related to the possession, use and disposal of weapons.

The subjects of the offense are citizens, officials and legal entities.

The offense can be committed both intentionally and negligently.

The commission of an offense entails the imposition of an administrative fine on citizens in the amount of from ten to fifteen times the minimum wage with or without confiscation of weapons and cartridges for them; on officials - from twenty to thirty times the minimum wage; on legal entities - from two hundred to three hundred times the minimum wage with or without confiscation of weapons and cartridges for them.

This offense is considered by officials of the Department of Internal Affairs or judges.

Article 20.15 of the Code of Administrative Offenses of the Russian Federation provides for liability for the sale of mechanical dispensers, aerosol and other devices equipped with tear or irritant substances, electroshock devices or spark gaps, without an appropriate license.

The subjects of this offense are citizens who have reached the age of sixteen, officials and legal entities selling these items without an appropriate license.

An offense can only be committed in the form of intent.

The commission of an offense entails the imposition of an administrative fine on citizens in the amount of twenty to twenty-five times the minimum wage with confiscation of the objects of the administrative offence; on officials - from forty to fifty times the minimum wage with confiscation of the subjects of the administrative offence; on legal entities - from four hundred to five hundred times the minimum wage with confiscation of the objects of the administrative offence.

The offense is considered only by judges, since confiscation is provided as a mandatory punishment.

The rights of citizens in the proceedings on an administrative case, the procedure for administrative proceedings on a case:

a person in respect of whom proceedings are being conducted in a case of an administrative offense has the right to get acquainted with all the materials of the case, give explanations, present evidence, file motions and challenges, use legal assistance of a defense counsel, as well as other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.

A lawyer or other person is allowed to participate in the proceedings on an administrative offense as a defense counsel or representative.

The powers of an attorney are certified by a warrant issued by the relevant bar association. The powers of another person providing legal assistance shall be certified by a power of attorney drawn up in accordance with the law.

The defense counsel and representative admitted to participate in the proceedings on the case of an administrative offense have the right to familiarize themselves with all the materials of the case, present evidence, make motions and challenges, participate in the consideration of the case, appeal against the application of measures to ensure the proceedings in the case, the decision on the case, use other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.

Seizure of things that were instruments or objects of an administrative offense, and documents that have the value of evidence in a case of an administrative offense and found at the scene of an administrative offense or during a personal search, search of things that are with an individual, and search of a vehicle, is carried out in the presence of two witnesses.

A protocol is drawn up on the seizure of things and documents or an appropriate entry is made in the protocol on delivery or in the protocol on administrative detention.

The protocol on the seizure of items and documents shall contain information on the type and details of the seized documents, on the type, quantity, and other identification features of the seized items, including the type, brand, model, caliber, series, number, and other identification features of weapons, on the type and quantity of ammunition.

The protocol on the seizure of things and documents is signed by the official who drew it up, the person from whom the things and documents were seized, witnesses. In case of refusal of the person from whom things and documents were confiscated from signing the protocol, a corresponding entry is made in it. A copy of the protocol shall be handed over to the person from whom things and documents have been confiscated, or to his legal representative.

Seized firearms and cartridges for them, other weapons, as well as ammunition are stored in the manner determined by the federal executive body in the field of internal affairs.

A protocol is drawn up on the commission of an administrative offense in the field of arms trafficking.

The protocol on an administrative offense shall indicate the date and place of its compilation, position, surname and initials of the person who drew up the protocol, information about the person against whom an administrative offense case has been initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if any. witnesses and victims, place, time and event of an administrative offense, an article of the Code of Administrative Offenses of the Russian Federation or a law of a constituent entity of the Russian Federation providing for administrative liability for this administrative offense, an explanation of the individual or legal representative of the legal entity against whom the case has been initiated, other information necessary for case resolution.

When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom an administrative offense case has been initiated, as well as other participants in the proceedings on the case, are explained their rights and obligations, which is recorded in the protocol.

An individual or a legal representative of a legal entity in respect of whom a case on an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on an administrative offense. These persons have the right to submit explanations and comments on the content of the protocol, which are attached to the protocol.

The protocol on an administrative offense is signed by the official who drew it up, the individual or the legal representative of the legal entity in respect of whom the administrative offense case has been initiated. If the indicated persons refuse to sign the protocol, an appropriate entry is made in it.

A natural person or a legal representative of a legal entity in respect of whom an administrative offense case has been initiated, as well as the victim, is handed a copy of the protocol on an administrative offense against signature.

A protocol on an administrative offense is drawn up immediately after the commission of an administrative offense is revealed.

If additional clarification of the circumstances of the case or information about the individual or information about the legal entity in respect of which an administrative offense case is initiated is required, a protocol on an administrative offense is drawn up within two days from the moment the administrative offense is discovered.

In the event of an administrative investigation, a protocol on an administrative offense is drawn up immediately upon completion of the investigation.

The protocol (decision of the prosecutor) on an administrative offense shall be sent to the judge, body, official authorized to consider the case of an administrative offense within 24 hours from the moment the protocol (decision) on the administrative offense was drawn up.

If the protocol on an administrative offense is drawn up by an unauthorized person, as well as in other cases when there are shortcomings in the protocol and other materials of the case on an administrative offense, then these shortcomings are eliminated within a period of not more than three days from the date of their receipt (receipt) from the judge, body, official, considering the case of an administrative offense. The materials of the case of an administrative offense with the amendments and additions made to them are returned to the indicated judge, body, official within 24 hours from the date of elimination of the relevant shortcomings.

The case on an administrative offense is considered within fifteen days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other materials of the case.

In the event of receipt of petitions from the participants in the proceedings on the case of an administrative offense or if additional clarification of the circumstances of the case is necessary, the term for the consideration of the case may be extended by the judge, body, official considering the case, but not more than for one month. The judge, body, official considering the case shall issue a reasoned ruling on the extension of the specified period.

When considering a case on an administrative offense:

1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;

2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity, in respect of which proceedings are being conducted on an administrative offense case, as well as other persons participating in the consideration of the case, is established;

3) the powers of legal representatives of a natural or legal person, defense counsel and representative are checked;

4) it is ascertained whether the participants in the case proceedings have been notified in accordance with the established procedure, the reasons for the non-appearance of the participants in the case proceedings are ascertained, and a decision is made to consider the case in the absence of the indicated persons or to postpone the case;

5) explain to the persons participating in the consideration of the case, their rights and obligations;

6) the submitted challenges and petitions are considered;

7) a ruling is issued to postpone the consideration of the case in the event of:

a) receipt of an application for self-withdrawal or challenge of a judge, a member of a collegiate body, an official considering the case, if their challenge prevents the consideration of the case on the merits;

b) challenge of a specialist, expert or translator, if the said challenge prevents the consideration of the case on the merits;

c) the need for the appearance of the person participating in the consideration of the case, the request for additional materials on the case or the appointment of an expert examination;

8) a ruling is issued on the bringing of a person whose participation is recognized as mandatory in the consideration of the case;

9) a ruling is issued to transfer the case for consideration according to jurisdiction.

When the consideration of the case on an administrative offense is continued, a protocol on an administrative offense is announced, and, if necessary, other materials of the case. Explanations of a natural person or a legal representative of a legal entity in relation to whom proceedings are being conducted on an administrative offense are heard, testimony of other persons participating in the proceedings, explanations of a specialist and an expert’s opinion, other evidence is examined, and in the case of the participation of a prosecutor in the consideration of the case, his conclusion.

If necessary, other procedural actions are carried out in accordance with the Code of Administrative Offenses of the Russian Federation.

Based on the results of the consideration of a case on an administrative offense, a decision may be issued:

1) on imposing an administrative penalty;

2) on termination of proceedings on the case of an administrative offence.

In a decision on a case on an administrative offense, the following must be indicated:

1) position, surname, name, patronymic of the judge, official, name and composition of the collegiate body that issued the decision;

2) the date and place of the hearing of the case;

3) information about the person in respect of whom the case has been considered;

4) the circumstances established during the consideration of the case;

5) an article of the Code of Administrative Offenses of the Russian Federation or a law of a constituent entity of the Russian Federation that provides for administrative liability for committing an administrative offense, or grounds for terminating proceedings on a case;

6) reasoned decision on the case;

7) the term and procedure for appealing against the decision.

The decision on the case of an administrative offense shall be announced immediately after the completion of the consideration of the case.

A copy of the ruling on the case of an administrative offense shall be handed over against receipt to the natural person, or the legal representative of the natural person, or the legal representative of the legal entity in respect of which it has been issued, or sent to the said persons within three days from the date of issuance of the said ruling.

The decision on the case of an administrative offense may be appealed by the person in respect of whom it was issued, his defense counsel, the prosecutor:

1) issued by a judge - to a higher court;

2) issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case.

On a complaint against a decision under Art. 20.12 part 2 of the Code of Administrative Offenses of the Russian Federation

Case No. 12-1038/11

Received Cherdaklinsky District Court (Ulyanovsk Region)

  1. Judge of the Cherdaklinsky District Court of the Ulyanovsk Region Ulanov A.V.,
  2. with the participation of the representative Ermolaev A.Yu. - Stolyarov S.Yu.
  3. under the secretary Mironova A.E.,
  4. examined in open court complaint Ermolaeva A.Yew. to the Decree of the head of the PLO of the Ministry of Internal Affairs of Russia "Cherdaklinsky" dated 21.10.2011 on the involvement of Ermolaev A.Yu. to administrative responsibility under the Code of Administrative Offenses of the Russian Federation

  5. Installed:

  6. By the decree of the head of the PLO of the Ministry of Internal Affairs of Russia "Cherdaklinsky" dated October 21, 2011, Ermolaev A.Yu. was found guilty of committing an administrative offense under the Code of Administrative Offenses of the Russian Federation and he was sentenced to an administrative penalty in the form of a fine of 1000 rubles.
  7. Disagreeing with said Resolution, the representative Ermolaeva A.Yew. appealed to the court with a complaint, in support of which he indicated that Yermolaev owns several types of weapons for which there are appropriate permits. He knows the rules for handling firearms and ammunition, including the rules for transporting and handling firearms with a rifled barrel, because he has more than 10 years of experience as a hunter, and is a member of two hunting societies. For the entire period of possession of rifled weapons, they did not allow any violations of the legislation of the Russian Federation on weapons, administrative violations related to the rules for storing weapons and hunting.
  8. On October 20, 2011, during an inspection by inspector X* A.S. weapons and ammunition belonging to him, the carbine was stored separately from the ammunition in two cases, while the carbine was in a discharged state, the cartridges for the specified weapon were stored in their original packaging separately from the carbine. This fact was reflected by him in his explanations to the protocol in the presence of numerous witnesses. Conclusion about the violation Ermolaev A.Yew. rules for the transportation of weapons and ammunition is not true and is not confirmed by anything.
  9. He considers the decision issued against him in the case of an administrative offense to be canceled, requests the proceedings to be terminated.
  10. At the hearing the representative Ermolaeva A.Yew. - Stolyarov S.Yu. supported the arguments of the complaint, gave similar testimony set out in the statement and asks to recognize protocol No. .... dated 10/20/2011, issued by the inspector of the ULRR of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region regarding Yermolaeva A.Yu - illegal.
  11. Decree of the head of the PLO of the Ministry of Internal Affairs of Russia "Cherdaklinsky" dated 10/21/2011, by which Ermolaev A.Yu. was found guilty under the Code of Administrative Offenses of the Russian Federation and was sentenced to a fine of 1000 rubles - to cancel, to stop the proceedings.
  12. At the hearing witness X* A.S. - Inspector ULRR UMVD RF for the Ulyanovsk region, explained that 20.10.2011, he took part in the raid together with the workers of the forestry. In the evening, they found a UAZ car moving across the field, which they stopped. A dead wild boar was found inside the car, after which they began to check the documents of the people in the car. When he began to check Ermolaev's weapon, he took a gun out of the case and, after reloading, pulled out a cartridge and put it in his pocket. Believes that the cartridge was live. He did not seize this cartridge. He drew up a protocol for the seizure of the cartridge, but he then threw it away, did not attach it to the case file.
  13. Subsequently, an operational investigative group was called in, which began to question the people in the UAZ and deal with the registration of the seizure of guns. He himself did not take Ermolaev's gun in his hands, the investigative-operational group was engaged in the seizure of the gun. As a result of the measures taken, he drew up a protocol in respect of Ermolaev and the witnesses signed it.
  14. Witness M* S.Yu. showed to the court that on 10/20/2011 he took part in the raid together with police officers as a public huntsman. In the evening, they found a UAZ car moving across the field, which they stopped. A dead wild boar was found in the passenger compartment of the car, after which the police officers began to check the documents and interrogate the persons in the UAZ. Arriving at the Cherdaklinskoye District Department of Internal Affairs, at the request of the police officers, he signed the protocol stating that one of the hunters had a loaded weapon. He himself was not an eyewitness to the presence of a cartridge in Ermolaev’s gun.
  15. Witness D* VN testified to the court that on 10/20/2011 he took part in the raid together with police officers as a forestry worker. They were divided into two groups. In the evening, the second group found a UAZ car moving across the field, which was stopped. After some time they arrived at the place of detention. Police officers inspected guns and interviewed hunters. He himself was not an eyewitness to the discovery of cartridges in Yermolaev’s gun, he signed the protocol at the request of the police officers.
  16. After listening to the testimony of the participants in the process, examining the materials of the case, the court comes to the following.
  17. According to the Code of Administrative Offenses of the Russian Federation, violation of the rules for the transportation, transportation of weapons and cartridges for them - entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
  18. From the contested decision in the case of an administrative offense it follows that the witnesses (witnesses) in this offense are M* S.Yu. and D* V.P. who, as they explained in court, were not eyewitnesses to the presence of a cartridge in the gun belonging to Ermolaev, signed the protocol only at the request of the police officers.
  19. In accordance with the Code of Administrative Offenses of the Russian Federation, it follows that:
  20. 1. A person shall be subject to administrative liability only for those administrative offenses in respect of which his guilt has been established.
  21. 2. A person in respect of whom proceedings are being conducted on a case of an administrative offense shall be considered innocent until his guilt is proven in the manner prescribed and established by the effective Resolution of the judge, body, official who considered the case.
  22. 3. A person brought to administrative responsibility is not obliged to prove his innocence, except for the cases provided for in the note to
  23. 4. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.
  24. According to the Code of Administrative Offenses of the Russian Federation, physical evidence in a case of an administrative offense means the instruments or objects of an administrative offense, including the instruments or objects of an administrative offense that have retained its traces.
  25. Material evidence, if necessary, is photographed or recorded in another established way and attached to the case of an administrative offense. An entry on the presence of physical evidence shall be made in a protocol on an administrative offense or in another protocol provided for by this Code.
  26. According to the Code of Administrative Offenses of the Russian Federation, it follows: that 1. Seizure of things that were tools or subjects of an administrative offense, and documents that are relevant evidence in a case of an administrative offense and found at the scene of an administrative offense or during a personal search, search of things held by an individual , and inspection of the vehicle, is carried out by the persons specified in Articles 27.2, 27.3, 28.3 of this Code, in the presence of two witnesses.
  27. 2. Seizure of things that were instruments or subjects of an administrative offense, and documents that have the value of evidence in the case of an administrative offense and found during the inspection of the territories, premises and goods, vehicles and other property belonging to the legal entity, as well as relevant documents, carried out by the persons specified in Article 28.3 of this Code, in the presence of two witnesses.
  28. 4. If necessary, when seizing things and documents, photography, filming, video recording, and other established methods of fixing material evidence are used.
  29. 6. The protocol on the seizure of things and documents shall contain information on the type and details of the seized documents, on the type, quantity, and other identification features of the seized items, including the type, brand, model, caliber, series, number, and other identification features. weapons, the type and quantity of ammunition.
  30. However, when examining protocol No. .... dated 10/20/2011, in the column "attached to the protocol", it is indicated and subsequently crossed out - the protocol of seizure. As explained by the inspector of the ULRR of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region Kh * A.S., he drew up a protocol for the seizure of the cartridge, but he then threw it away and was not attached to the case file, which indicates improper collection and consolidation of evidence.
  31. In addition, when examining the abandoned material, upon the fact of shooting a wild boar, no evidence was found about the presence of a cartridge in Yermolaev’s gun, including when drawing up a protocol for examining the scene.
  32. Thus, the protocol No. ... dated 10/20/2011, which is available in the case file, issued by the inspector of the ULRR of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region in relation to Ermolaeva A.Yu., cannot be evidence of a violation of the rules for the transportation, transportation of weapons and cartridges.
  33. In this regard, the court considers that the guilt of Ermolaev A.Yu. in committing an administrative offense under

Transfer of weapons, violation of the rules for the transportation, transportation or use of weapons and ammunition for them

Commentary on Article 20.12 of the Code of Administrative Offenses of the Russian Federation:

1. This article ensures the implementation by citizens and organizations of the ban on the transfer of weapons, established by Art. 6 of the Federal Law of December 13, 1996 N 150-FZ "On Weapons" (as amended and supplemented), as well as implementation in accordance with Art. Art. 24 - 25 of this Federal Law and the regulatory legal acts of the Government of the Russian Federation of the rules for the use, transportation, transportation of weapons and cartridges for them.

2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

3. The objective side of the offense is characterized by an action related to the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.

For example, in accordance with paragraph 66 of the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges, the expiration date, storage or use of which has expired, except for cases of research and testing or verification of the technical condition of the weapon. The same Rules established that in order to transport weapons and cartridges, legal entities are obliged to ensure escort of consignments of firearms in the amount of more than 5 units or cartridges in the amount of more than 400 pieces along the route by guards in the amount of at least 2 people armed with firearms, coordinate with the internal authorities cases at the place of registration of weapons and cartridges, the route of movement and type of transport, transport weapons and cartridges in their original packaging or in special containers, which must be sealed or sealed (clause 69). Carriers, after concluding agreements on the transportation of weapons and ammunition, are obliged to issue income and expenditure and accompanying documents in the manner established by the relevant federal executive authorities in agreement with the Ministry of Internal Affairs of Russia (clause 73).

4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law "On Weapons"), as well as a legal entity.

5. On the subjective side, the guilt of a legal entity is recognized in accordance with Part 2 of Art. 2.1 of the Code, and the violation committed by an individual is characterized by an intentional form of guilt.

6. Cases of administrative offenses are considered by officials of the internal affairs bodies (police) (Article 23.3). In addition, according to parts 1 and 3 of this article, such cases are considered by judges in cases where officials of the internal affairs bodies (police), if it is necessary to resolve the issue of imposing an administrative penalty in the form of confiscation or seizure of weapons for compensation, refer them to the judge for consideration ( part 2 article 23.1).

Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3).

7. It must be borne in mind that the Federal Law of December 28, 2010 N 398-FZ in part 3 of the commented article made the following changes, which come into force on July 1, 2011: an alternative administrative penalty in relation to a fine is deprivation of the right for the acquisition and storage or storage and carrying of weapons, and the reimbursable seizure of weapons and ammunition related to additional punishments is excluded from the list of administrative sanctions (from July 1, 2011, Article 3.6 of the Code is recognized as invalid).

Therefore, subject to the provisions of Art. 3.8 of the Code, from July 1, 2001, officials of the internal affairs bodies (police) will refer cases of these offenses to judges for consideration if it is necessary to resolve the issue of imposing a penalty in the form of deprivation of the right to acquire and store or store and carry weapons (part 2 article 23.1).

1. Shipment of weapons -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of the weapon.

2. Violation of the rules of transportation, transportation of weapons and cartridges to them -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.

3. Violation of the rules for the use of weapons and cartridges for them -

shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or the deprivation of the right to acquire and keep or keep and bear arms for a term of one to two years.

Commentary on Art. 20.12 Administrative Code of the Russian Federation

1. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

Legal entities have the right to transport their weapons and ammunition on the basis of permits issued by the internal affairs bodies in the manner established by the Ministry of Internal Affairs of the Russian Federation.

To transport weapons and ammunition, legal entities are required to:

- coordinate with the internal affairs bodies at the place of registration of weapons and cartridges the route and mode of transport;

- equip vehicles in accordance with the requirements for the transport of dangerous goods;

- ensure that consignments of firearms in the amount of more than 5 units or cartridges in the amount of more than 400 pieces are escorted along the route by guards in the amount of at least 2 people armed with firearms. Without accompaniment by guards armed with firearms, it is allowed to transport sports firearms and (or) cartridges for it by athletes, coaches and other employees of sports organizations and educational institutions involved in sports or physical culture, health improvement and sports and pedagogical work that are associated with the use of sports equipment. firearms, and appointed responsible for the transportation of such weapons and (or) cartridges;

- transport weapons and ammunition in their original packaging or in special containers, which must be sealed or sealed.

During transportation, the weapon must be in a discharged state separately from the cartridges.

When transporting batches of weapons or cartridges, vehicles must be technically sound, the possibility of a visual review of the cargo and free access to it by unauthorized persons is excluded.

In cases of transportation of weapons and ammunition by a convoy of more than 2 vehicles, their protection is provided by an escort group of at least 3 people armed with firearms, following on a specially designated vehicle.

If signs of opening a vehicle carrying weapons and cartridges, damage to containers, violation of seals or seals, the senior armed guard is obliged to immediately report this to the internal affairs bodies, draw up an act, take the necessary measures to establish the causes of the incident and ensure the protection of the scene.

Transportation of weapons and ammunition across the territory of the Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition (hereinafter referred to as carriers), on the basis of transportation permits issued by internal affairs bodies in the manner determined by the Ministry of Internal Affairs of the Russian Federation .

The procedure for sending and transporting weapons and cartridges for them is regulated by Decree of the Government of the Russian Federation of 21.07.1998 N 814 "On measures to regulate the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation", Order of the Federal Military Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation of 30.11.1999 N 120/971 "On approval of the Instructions on the procedure for the transportation of weapons, ammunition and cartridges for them by civil aviation aircraft, special means transferred by passengers for temporary storage for the flight period."

The objective side of the offense is characterized by an action related to the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.

2. The subject of this offense is an individual who has reached the age of 18, as well as a legal entity.

From the subjective side, the commission of this offense is characterized by an intentional form of guilt.