of February 27, 1996 No. 3
About court practice on cases on adverse possession by weapon
The crimes connected with adverse possession of weapon represent the increased danger to society. Not isolated facts of movement of weapon and ammunition to the republic from the outside, its plunder from warehouses, attacks on public agents and the military personnel for the purpose of occupancy are noted by weapon.
Using weapon many serious crimes are committed, in some cases criminal groups used also automatic weapon. Courts still underestimate public danger of these crimes.
On many cases the source and motives of acquisition or production of weapon, and also the condition and the group of people promoting making of such crimes, methods of penetration of weapon on the republic territory are not established.
There is no unity and in practice of assignment of punishment on such cases, in many cases the guilty person imposes unreasonably mild pinishments. The facts of accountability and condemnation of persons for storage of firearms, ammunition only on the formal bases, without the personality and the facts of the case are noted.
Due to stated, and also with adoption of the new legislation the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts to the massive faults allowed by hearing of cases about illegal occupancy, ownership of firearms, ammunition, main parts of firearms, explosives, blasting agents or destructive devices and also negligent custody of firearms or ammunition and to specify that these crimes pose the increased threat for public safety, life and health of citizens.
2. Explain that according to the Law of the Republic of Uzbekistan "About weapon" of July 29, 2019:
Under traffic in weapons, it is necessary to understand production, repair, realization, acquisition, accounting, storage, carrying, transportation, collecting, exhibiting, use, withdrawal, destruction, import of weapon and ammunition to it, the main parts of firearms on the territory of the Republic of Uzbekistan and export them from the territory of the Republic of Uzbekistan, and also transit through the territory of the Republic of Uzbekistan;
it is necessary to understand the weapon intended for mechanical defeat of the purpose at distance by the shell receiving directed movement due to energy of powder or other charge as firearms;
it is necessary to understand as the main parts of firearms - trunk, lock, shop (drum), frame, receiver;
ammunition are understood as the objects of arms and metayemy equipment to weapon intended for defeat of live or other purpose and containing explosive, powder, throwing, pyrotechnic or vyshibny charges or their combination;
it is necessary to understand gunpowder, dynamite, trotyl, nitroglycerine and other chemicals and mixes having capability to explosion without air oxygen access as explosives;
it is necessary to understand such devices assembled equipped with explosive and intended for explosion production as destructive devices.
Pneumatic guns, flare, starting, gas guns or gas sprays, flare pistols and other imitating and pyrotechnic and lighting means do not belong to firearms.
3. In case of investigation or consideration of such cases it is necessary to find out sources of acquisition, production of firearms, ammunition, the main parts of firearms, explosives, blasting agents or destructive devices. In case of establishment of the facts of official negligence in case of protection of objects where the firearms are stored, ammunition, the main parts of firearms, explosives, blasting agents or destructive devices, or lack of due control of use of the equipment on which firearms or ammunition to it were made, courts need to react to it removal of private determinations, and in necessary cases to send to the prosecutor the message with appendix of the corresponding materials for the solution of question of initiation of legal proceedings. Shall not remain unaddressed courts and shortcomings of activities of law-enforcement bodies, territorial administrations of National guard for withdrawal at the population illegally of the stored firearms or its registration.
4. In case of the solution of questions of guilt of person in making of the crimes provided by the Art. of the Art. 247, 248 and 249 Criminal codes by conducting the corresponding examination it is necessary to establish, these or those objects withdrawn from the guilty person belong to firearms, ammunition, explosives or destructive devices, responsibility for illegal occupancy which production, acquisition, carrying, sale, storage and negligent custody it is provided by the specified Articles.
5. Courts should mean that responsibility under Articles 247, 248 Criminal codes comes for illegal occupancy, ownership, acquisition, carrying, storage or sale of firearms, suitable for use, ammunition, explosives or destructive devices or firearms, defective to use, or destructive devices (if the guilty person had real opportunity to bring them to suitable state).
6. Firearms, ammunition, the main parts of firearms, explosives, blasting agents or destructive devices it is necessary to understand illegal occupancy as illegal occupancy by them in any manner (by theft, fraud, assignment or waste, abuse of official capacity, robbery, racketing, assault).
Illegal occupancy by firearms, ammunition, the main parts of firearms, explosives, blasting agents or destructive devices by any methods shall be recognized completed crime from the moment of their withdrawal, irrespective of availability at the guilty person of opportunity to use or dispose of them at discretion.
7. According to Art. 247 of the Criminal code responsibility for occupancy by firearms, ammunition, the main parts of firearms, explosives, blasting agents or destructive devices comes in cases of their unlawful taking as from the companies, the organizations, organizations, and at the citizens owning them it is lawful or illegal.
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