JUDICIAL PRACTICE OF APPLYING ARTICLE 190 OF THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES UNDER MARTIAL LAW: ADMINISTRATIVE AND LEGAL ANALYSIS

Abstract

The article deals with a comprehensive administrative and legal analysis of modern judicial practice of applying Article 190 of the Code of Ukraine on Administrative Offenses, which regulates liability for violation of the rules for storage, carrying or transportation of firearms, cold or pneumatic weapons and ammunition. Attention is focused on the fact that during the period of security restrictions, state control over the circulation of firearms, cold and pneumatic weapons acquires priority importance for ensuring public order and protecting national interests. The author conducts a thorough review and systematization of a set of court decisions for 2024–2025, on the basis of which a number of stable trends have been identified that have methodological significance for improving the activities of control subjects in this area. The features of the analyzed proceedings in cases of administrative offenses, liability for which is provided for in Part 1 of Article 190 of the Code of Ukraine on Administrative Offenses, which is important for understanding the modern practice of applying administrative tort norms in the field of firearms: limited evidentiary base; limited attention of judges to the analysis of the subjective side of the offense; mainly standardized approach to the imposition of administrative penalties; high procedural vulnerability of materials compiled by the National Police; heterogeneity of the courts’ approaches to the application of the institute of insignificance. Special attention is paid to systemic cases of failure by authorized persons of the National Police of Ukraine to comply with the deadlines for sending materials to the court. This, as the author argues, leads to the closure of proceedings on the basis of Article 38 of the Code of Ukraine on Administrative Offenses, which eliminates the preventive function of administrative liability. Based on the results obtained, practical recommendations are formulated aimed at improving the algorithms of law enforcement agencies’ activities. Ways of unifying judicial practice and strengthening procedural discipline when documenting offenses are proposed. It is summarized that the implementation of the proposed measures will contribute to increasing the efficiency of the licensing system and strengthening law and order in the state.