ADMINISTRATIVE AND LEGAL STATUS OF PARTICIPANTS IN LEGAL RELATIONS IN THE SPHERE OF FIREARMS CIRCULATION

Abstract

The article considers the administrative and legal status of participants in legal relations in the sphere of firearms circulation. It is noted that the theoretical and applied aspects of improving state regulation and ensuring the administrative and legal regime of firearms circulation, combining issues of licensing and permitting, control and supervision and preventive activities of the study in connection with the social nature of weapons as an object of increased danger. The object of the article is social relations that develop in the sphere of executive power activities to ensure compliance by individuals with the rules for the circulation of firearms. The subject is the norms of law that regulate the specified activity. The study is based on the application of a set of formal-logical, formal-legal, structural-functional, comparative-legal methods of scientific knowledge of social and legal phenomena. The insufficient certainty of the scope of administrative legal relations that consistently arise in the process of possession of firearms by individuals and are covered by the concept of «firearms turnover» is substantiated. It is indicated that educational institutions that implement an educational program for training citizens on a contractual basis in order to study the rules of safe handling of weapons perform educational and control functions in these legal relations, which does not exclude interest in the results of state control. In order to prevent a conflict of private and public interests, it is advisable to refuse outsourcing state control. It is proposed to attribute to the exclusive competence of the state executive body authorized in the field of weapons turnover the testing of knowledge of citizens who apply for the right to acquire firearms, the rules of safe handling of weapons, as well as the availability of relevant skills and abilities, while retaining the performance of the training function for educational institutions. This is due to the fact that the theoretical basis of control and supervision activities determines the intra-sectoral relationship of legal norms of the legislation on arms turnover and legislation on state control (supervision).