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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of March 12, 2002 No. 5

About court practice on cases on plunder, racketing and arms trafficking, ammunition, explosives and destructive devices

(as amended on 11-06-2019)

For the purpose of ensuring uniform application by courts of the legislation on responsibility for the crimes connected with plunder, racketing and arms trafficking, ammunition, explosives and destructive devices, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. In case of the solution of question of availability in actions of person of signs of the crime components provided by Articles 222 - 226-1 Criminal Code of the Russian Federation, to courts it is necessary to establish whether the objects withdrawn from it are weapon, its main parts or accessories, ammunition, explosives or destructive devices, responsibility for which illicit trafficking is provided by the specified articles of the Criminal Code of the Russian Federation.

On the cases connected with weapon and ammunition No. 150-FZ should proceed from provisions of the Federal Law of December 13, 1996 "About weapon" (further - the Federal Law "About Weapon"), the regulation of the legal relationship arising in the course of traffic in weapons and ammunition to it, the rights and obligations of participants of these relations establishing the basic rules.

At the same time it must be kept in mind that this Law regulates only the legal relationship arising in case of turnover of civil, office, and also military person-portable small and cold weapon while the penal statute provides responsibility for illegal actions both with the specified types of weapon, and with other types of the fighting firearms which are on arms in the Armed Forces of the Russian Federation, other troops, military forming and federal executive bodies in which the Federal Law provides military service and to which operation of the Federal law "About Weapon" does not extend.

2. Taking into account provisions of articles 1 and 2 of the Federal law "About Weapon" in relation to Articles 222, of 223, 224 - 226.1 Criminal Code of the Russian Federation it is necessary to understand all types of military, office and civil firearms including produced by self-made method, structurally intended for mechanical defeat of live or other purpose at distance by the metayemy equipment receiving directed movement due to energy of powder or other charge as firearms. Rifles, carbines, guns and revolvers, fowling and sporting rifles, automatic machines and machine guns, mortars, grenade launchers, artillery pieces, guns, and also other types of firearms irrespective of caliber concern to them.

Are understood as the main parts of firearms: trunk, lock, drum, frame, receiver.

Firearms accessories in relation to article 226 Criminal Code of the Russian Federation are both the main parts of firearms, and other details which are structurally intended to provide normal functioning of specific sample of firearms (beds, sights, etc.).

The pneumatic weapon, flare, starting, construction guns and revolvers, electroconvulsive devices and spark rated sportsmen, objects certified in product quality of economic and household and production appointment the apparatuses structurally similar to weapon do not belong to weapon, responsibility for illegal actions with which is provided by Articles 222, of 223, 224 - 226.1 Criminal Code of the Russian Federation.

3. No. 34 is excluded according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 03.12.2013

4. All types of cartridges to firearms irrespective of caliber produced by industrial or self-made method and also other objects of arms and metayemy equipment intended for defeat of the purpose and containing explosive, throwing, pyrotechnic or vyshibny charges or their combination belong to the category of ammunition.

In sense of provisions of Articles 222, of 223, 225 - 226.1 Criminal Code of the Russian Federation the cartridges of light-sound, traumatic, gas action, alarm, construction, educational, okholoshchenny and other cartridges which do not have the striking element (shell, bullet, fraction, case-shot, etc.) and the purposes which are not intended for defeat, do not belong to ammunition, explosives and destructive devices.

5. By consideration of criminal cases about the crimes provided by Articles 222. 1, 223.1, 225 - 226.1 Criminal Code of the Russian Federation, it is necessary to understand the chemical compounds or mixes of substances capable under the influence of external impacts to the bystry self-extending chemical transformation (explosion) as explosives. Treat them: trotyl, ammonites, plastic explosives, elastita, gunpowder, etc.

Destructive devices are understood as the industrial or self-made products containing explosive, which are functionally intended for production of explosion and capable to explosion.

Imitating and pyrotechnic and lighting means do not belong to explosives and destructive devices.

In law sense to destructive devices, responsibility for illegal actions with which is provided by Articles 222. 1, 223.1, 225 - 226.1 Criminal Code of the Russian Federation, belong also devices for explosion initiation (fuse, detonator, detonator, etc.) which are separately from the product.

Courts should mean that criminal liability for illegal acquisition, transfer, sale, storage, transportation or carrying explosives or destructive devices, and also for illegal manufacture of explosives, illegal production, alteration or repair of destructive devices comes on the special regulations provided by articles 222.1 and 223.1 Criminal Code of the Russian Federation. Taking into account it if by court by consideration of criminal case it is determined that the subject of arms or metayemy equipment contain explosive in the structure, are functionally intended for production of explosion and are capable to explosion (for example, mine, the grenade), then illegal actions with such subject are qualified under Article 222.1 or article 223.1 Criminal Code of the Russian Federation.

6. Cold weapon is understood as the objects produced by industrial or self-made method intended for defeat of the purpose by means of the muscular strength of the person in case of direct contact with object of defeat which include cold bladed weapon (daggers; the fighting, national, hunting knives which are weapon; bayonet knives; sabers; checkers; swords, etc.), other weapon of the cutting, pricking, cutting or indiscriminate effect (bayonets, spear, fighting axes, etc.), and also weapon of the shock crushing action (brass knuckles, nunchak, kisten, etc.).

Throwing weapon is understood as the objects intended for defeat of the purpose at distance by the shell receiving directed movement by means of the muscular strength of the person (throwing knives and axes, darts, etc.) or the mechanical device (onions, arbalests, etc.).

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