The Verkhovna Rada adopted in the first reading the draft law under registration number 5709 on amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to implement the provisions of the Law of Ukraine "On the Right to Civilian Firearms", which, among other things, proposes to introduce a fine or imprisonment for carrying a firearm in violation of order. 267 People's Deputies voted for the relevant decision The draft law proposes to amend the Code of Administrative Offenses and establish that carrying, storing, acquiring, transferring or selling civilian firearms, military supplies permitted by law in civilian circulation in violation of the procedure established by the Law of Ukraine "On the Right to Civilian Firearms" is punishable by a fine up to three thousand tax-free minimum incomes of citizens or restriction of freedom for a period of up to three years.
The same actions, committed repeatedly, are punishable by a fine of up to ten thousand tax-free minimum incomes of citizens or restriction of freedom for a term of up to five years or imprisonment for a term of up to three years.
For carrying, storing, acquiring, transferring or selling firearms prohibited by law in civilian circulation, the guilty person can be imprisoned for a term of three to five years. For recidivism, if proven guilty, up to 10 years in prison.
At the same time, persons who voluntarily surrender their weapons to the authorities will be released from criminal liability.
Amendments are also made to Article 36 of the Criminal Code – necessary defense.
It is noted that the necessary defense is the use of force or taking other actions in order to protect the legally protected rights, freedoms, benefits and interests of the person being defended and/or other persons, as well as public interests and/or the interests of the state from socially dangerous, illegal encroachment or of a real threat of such encroachment by causing harm to the encroacher, in order to immediately avert or stop such encroachment.
It is emphasized that every person has the right to the necessary defense against a socially dangerous illegal encroachment or from the real possibility of such an encroachment, regardless of the possibility of avoiding it and/or the possibility of seeking help from other persons or authorities.