WE DEMAND DECRIMINALIZATION OF WEAPONS STORAGE AND PRODUCTION

The Case

Today, the enemy has accumulated numerous resources and is trying to advance as far as possible. The popular resistance, which defeated the occupier two years ago, is defenseless against the threat of imprisonment for possession of weapons. Or for the production of ammunition, which is what dedicated volunteers do to support the army in conditions of lack of weapons.

After two years of full-scale invasion, the issue of the exercise of the right to self-defense still remains unresolved. And citizens may face criminal prosecution for peaceful possession of self-defense weapons.

According to society's request, the VRU has already submitted a draft law (No. 11073 dated 11.03.2024) on ensuring the unity of norms in the exercise of the right to self-defense and decriminalization of weapons production.

Draft law regarding ensuring the unity of norms in the exercise of the right to self-defense and decriminalization of weapons production was presented to press conference "Self-defense is not a crime." People's deputies Oleksandra Ustinova and Andriy Sharaskin, human rights defenders Mykola Orehovskyi and Vitaly Kolomiets, representatives of the arms manufacturer Yaroslav and Ihor Garik took part in the event. 

Exercising the right to self-defense today can lead to imprisonment for up to 7 years. Instead of imprisonment for owning a gun or assembling an FPV drone at home for the Armed Forces without a license, the initiators of the draft law propose establishing administrative liability. Therefore, gun owners will have to pay a fine from 50 to 150 of the tax-free minimum income of citizens (960 to 2280 hryvnias), and manufacturers - from 17 thousand hryvnias to 34 thousand hryvnias, with confiscation of the objects of the offense and income from activity. 

Investigations into the possession of weapons and their unlicensed production do not provide a law enforcement function, since they are always carried out formally, without establishing a criminal intent to produce or handle weapons. In addition, they are duplicated in the Code of Ukraine on Administrative Offenses (Articles 164 and 190). Their exclusion from the Criminal Code will not lead to impunity for handling weapons (for this, the Code provides for other articles - Articles 201, 262, 410 and others). 

The draft law on amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine on ensuring the unity of norms in the exercise of the right to self-defense and decriminalization of weapons production has already been sent to the Committee on Law Enforcement. 

For more than half a year, the draft law #zp11073 has been "hanging" under consideration of the Committee of the Verkhovna Rada. Despite the public outcry, constant persecution of the military, volunteers, volunteers, and arms manufacturers, there is a lack of political will to support the military by decriminalizing the production and storage of weapons.