Codes in force in Russia contain a fairly large number of articles. No wonder their numbers sometimes match. For example, in the Criminal Code and the Civil Code there is Art. 222. We will talk about their contents further.
Criminal Code of the Russian Federation: Art. 222
The norm establishes sanctions for violation of the procedure for the acquisition, storage, sale, transportation, carrying of weapons, their parts and ammunition. Accordingly, the object of the infringement is relations related to ensuring security in the circulation of these items.
When applying Art. 222 of the Criminal Code, one must take into account the norms of the Federal Law "On Weapons". This normative act regulates the key rules for the circulation of weapons, duties, rights of its participants.
The nuances of the norm
It should be noted that in Part 1 of Art. 222 of the Criminal Code of the Russian Federation there is a clause according to which the punishment established in it does not apply to persons who have committed unlawful acts with long-barreled smooth-bore civilian weapons, as well as of limited destruction, with their parts and cartridges. Responsibility for these acts is fixed in part 4 of the norm.
Another nuance is related to the size of the punishment. Not in part 1 of Art. 222 of the Criminal Code , no other parts of the article provide for a fine as a minimum sanction for crimes.
Subject of action
Firearms, the illegal traffic of which is prosecuted under Art. 222 of the Criminal Code , it is considered any weapon, including those made by artisanal method, if it is structurally designed to destroy targets, including those moving at a distance, with equipment that comes into motion due to charge energy (powder, etc.).
The objects of crime, respectively, are carbines, revolvers, rifles, guns (sports, hunting), machine guns, machine guns, pistols, aircraft guns, mortars, artillery pieces, grenade launchers, etc.
The main parts of the weapon are:
- gate;
- trunk;
- frame;
- mechanisms (locking, firing);
- drum;
- receiver frame.
To the subject of crime under Art. 222 of the Criminal Code also includes ammunition - missile equipment, other items of foreign or domestic production that are used to hit targets and which contain a knock-out, missile or explosive shell, or a combination thereof.
Exceptions
They are not a crime under Art. 222 of the Criminal Code :
- starting, pneumatic, construction, signal revolvers and pistols;
- Airguns;
- items certified as products for industrial / household needs;
- electroshock devices;
- sports equipment similar in design to weapons but not related to them.
Important point
Analyzing Art. 222 of the Criminal Code with the comments of the Armed Forces, it should be noted that liability under the article arises for violation of the rules of circulation of not only usable items. The punishment is also imposed for the illicit trafficking of defective weapons, training, including if it was equipped with suitable components, or if the citizen had the intention to put it into combat readiness and took some actions to achieve this goal.
Illegal actions with shotguns of hunting rifles also form the composition provided for in Art. 222 .
Part 4
It establishes liability for the illegal sale of gas, cold (including missile), long-barrel smooth-bore civilian weapons, as well as limited armament items. Punishment is imputed for unlawful actions with objects manufactured in both factory and artisanal ways.
Melee weapons are items:
- Used to defeat targets with the help of muscle strength with direct contact with the targets. These include bladed weapons (knives, daggers, sabers, swords, etc.), other chopping, cutting, piercing, mixed (battle axes, etc.) or impact-crushing weapons (nunchucks, brass knuckles, etc.).
- Used to hit different targets (including moving ones) at a distance with the help of shells that receive directional movement with the help of muscular strength or special mechanical devices. The first include darts, axes / knives for throwing, etc., the second - crossbow, bow, etc.
Gas weapon
It is used to temporarily hit targets. The object in this case can be an animal or a person.
In gas weapons there are charges with toxic substances that have an irritating, tear or other effect. It includes aerosols, pistols, mechanical sprays, etc.
The subject of a crime under 4 parts of Art. 222, weapons equipped with poisonous, nerve-paralytic or other substances capable of inflicting harm to the health of the victim of an infringement prohibited by the Law on Weapons may act.
Objective aspect
It can be expressed in various actions provided for in Article 222 of the Criminal Code. However, in part 4, liability is established solely for sales.
The person’s commission of any action specified in the disposition of the norm is a complete corpus delicti provided for in paragraph 1. In this regard, a citizen who illegally acquired, stored, transported, and then tried to sell weapons is called on under part 1,222 of the article. His actions in addition to part 3 of the 30 Code are not qualified.
Characterization of illegal actions
The acquisition of weapons, the circulation of which is prohibited, is the purchase, receipt of a gift or on account of debt, in exchange for a thing (goods), the appropriation of the found and so on. According to part 1 222 of the article, actions are also qualified for temporary illegal misappropriation of weapons for criminal or other purposes, if the person’s behavior does not show signs of theft.
The transfer of a weapon is the provision of it by the person with whom it is located to unauthorized citizens for temporary use (including for criminal purposes) or for storage.
A sale is considered to be the irrevocable alienation of an item into the ownership of another person as a result of the conclusion of an illegal transaction. If, when committing a crime, the owner of the weapon handed it over to another entity (accomplice) for a while for criminal purposes, the deed is considered as a transfer, not a sale. Similarly, storage of an item with another citizen is regarded.
If a person throws a weapon during a police pursuit, this action does not qualify as a sale.
Subjective aspect
Responsible citizens under 16 years of age may be held liable under Article 222 of the Criminal Code.
It should be noted that the note to the norm provides for the exemption from punishment of a citizen who voluntarily surrendered weapons, if signs of other crimes are not found in his actions.
Voluntary surrender is the delivery of objects by a person of his own free will or communication to law enforcement authorities of their location.
Art. 222 of the Civil Code
In 2015, widespread public outcry caused widespread demolition of unauthorized buildings. Such actions are considered as a private legal sanction for violation of the requirements of administrative acts and legislation.
In the first paragraph of Art. 222 Civil Code fixed the main signs of unauthorized buildings. According to the norm, such structures are recognized as objects erected:
- On a site that was not provided to a person according to the rules established by law.
- Within the boundaries of the allotment with permitted use, not involving construction on it.
- Without obtaining permits or in violation of Construction Norms and Regulations and town-planning norms.
In the second paragraph of Art. 222 provides for the consequence of the construction of unauthorized construction. The person who created such an object does not acquire ownership rights to it.
It should be said that to apply the provisions of Article 222, the presence of at least one of the three signs is sufficient.
Allotment of allotments
Sites assigned to municipal or state ownership are transferred to entities for construction on the basis of Articles 30-32 of the LC. Moreover, the Land Code provides for the provision of allotments with and without prior approval. If the second option is used, tenders are held.
Traditionally, the developer is a person (legal / physical), carrying out construction on their own or on the basis of a contract. This status can also be obtained by an entity who is given a land plot in property or a long-term lease for the implementation of a development project with further transfer of objects to another person.
Construction Documents
To create an object on the site, first of all, you need to get permission and an architectural project. The second document is compiled on the basis of the architectural planning task. It includes the provisions of the agreed urban planning documentation, mandatory requirements for the facility (sanitary, environmental, fire), instructions for conducting work in special conditions. The assignment also indicates requirements to ensure the protection of the rights of legal entities and citizens if their interests are affected by this construction.
In case of violation of the provisions or the absence of an architectural and planning assignment, building permit, issued by the competent authority, the object erected on the site will be recognized as an unauthorized building.
By law, the person who built it must demolish it. If there are grounds, demolition of the building is allowed by court order.