TRANSFORMATION OF THE CONCEPTUAL AND CATEGORICAL FRAMEWORK IN THE CONTEXT OF PREVENTING THE ILLEGAL MOVEMENT OF WEAPONS ACROSS THE STATE BORDER OF UKRAINE UNDER MARTIAL LAW

Abstract

The article examines the transformation of the conceptual and categorical framework in the field of preventing the illegal movement of weapons across the state border of Ukraine under martial law. It is substantiated that the full-scale armed aggression against Ukraine has significantly changed the subject matter of the relevant offenses, the spatial conditions of their commission, and the range of subjects of preventive activity. It has been established that, along with classical types of armaments, trophy weapons, certain types of unmanned systems, electronic warfare equipment, special component parts, and other military or dual-use goods used in modern hostilities have acquired increased security significance. It is proved that in wartime conditions the illegal movement of weapons cannot be considered solely through the prism of their movement across the customs border, since a substantial part of the relevant risks is formed in combat areas, temporarily occupied territories, frontline zones, and at internal security control lines. It is determined that, in the narrow criminal-law sense, the illegal movement of weapons is associated with the statutory elements of an offense defined by law, whereas in the broader security-operational sense this category also includes the movement of weapons through frontline areas, temporarily occupied territories, the line of combat engagement, and internal control lines where contemporary risks of illicit arms circulation are formed. It is argued that the transformation of the conceptual and categorical framework takes place at three interrelated levels: object-related, spatial, and institutional. Special attention is paid to the expansion of the range of subjects involved in prevention, the strengthening of interagency cooperation, and the need to adapt the integrated border management model to the conditions of martial law. The practical significance of the obtained results lies in the possibility of their application to improve the regulatory framework, as well as the mechanisms of interagency coordination between state border protection entities and the defense forces of Ukraine.