1. Illegal manufacture, alteration or repair of firearms, their main parts (except for firearms of limited destruction), as well as illegal manufacture of ammunition for firearms -
shall be punishable by imprisonment for a term of four to six years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of six months to one year.
2. The same acts committed by a group of persons by prior conspiracy, -
shall be punishable by imprisonment for a term of six to eight years with a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years.
3. Acts provided for in the first part of this article, committed by an organized group, -
shall be punishable by imprisonment for a term of eight to ten years with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of two to three years.
4. Illegal manufacture, alteration or repair of firearms of limited destruction or illegal manufacture of gas weapons, pneumatic weapons with muzzle energy over 7.5 J, bladed weapons, throwing weapons, cartridges for firearms of limited destruction or gas weapons -
shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or imprisonment for a term of up to two years with a fine in the amount of fifty thousand to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months or without it.
Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability under this article.
- Article 222.2. Illegal acquisition, transfer, sale, storage, transportation, forwarding or carrying of large-caliber firearms, their main parts and ammunition
- Article 223.1. Illegal manufacture of explosives, illegal manufacture, alteration or repair of explosive devices
Commentary to Art. 223 of the Criminal Code of the Russian Federation
The object of the crime is public safety in the sphere of trafficking in weapons, ammunition, explosives and explosive devices.
The subject of the crime under Part 1 of Art. 223 of the Criminal Code of the Russian Federation, are firearms, their components, ammunition, explosives and explosive devices.
The subject of the crime under Part 4 of Art. 223 of the Criminal Code of the Russian Federation - gas, cold, including throwing weapons. The concept of these items is given in relation to Art. 222 of the Criminal Code of the Russian Federation.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 N 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices” explains that components for firearms are recognized as the main parts of firearms , as well as other parts structurally designed to ensure the normal functioning of a specific type of firearm (frame, sights, etc.).
The objective side of the crime provided for in Part 1 of Art. 223 of the Criminal Code of the Russian Federation, consists of committing at least one of the following actions: 1) illegal manufacturing of firearms and components for them; 2) illegal repair of these items; 3) illegal manufacture of ammunition, explosives and explosive devices.
The objective side of the crime provided for in Part 4 of Art. 223 of the Criminal Code of the Russian Federation, consists of the illegal manufacture of gas, cold steel, including throwing weapons.
The illegal manufacture of firearms, their components, ammunition, explosives or explosive devices, entailing criminal liability, should be understood as their creation without a license obtained in the prescribed manner or the restoration of lost destructive properties, as well as the alteration of any items (for example, rocket launchers , gas, pneumatic, starting and construction pistols, household items or sports equipment), as a result of which they acquire the properties of firearms, gas or bladed weapons, ammunition, explosives or explosive devices. When qualifying subsequent illegal actions with manufactured weapons (ammunition), it is necessary to proceed from those tactical and technical characteristics that the weapon converted by the perpetrator actually began to possess, and not those items that were altered.
In this regard, it should be noted that in practice, a unified approach to assessing the conversion of a sawn-off hunting rifle has not been developed. From our point of view, converting a hunting rifle into a sawn-off gun constitutes a crime under Art. 223 of the Criminal Code of the Russian Federation, since the manufacture of a sawed-off shotgun by making design changes to a hunting rifle changes the characteristics of a civilian smooth-bore weapon.
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The Ruling of the Supreme Court of the Russian Federation dated April 10, 2003 N 53-o02-72 sets out a different position, according to which the manufacture of firearms should be understood as their creation in finished form, as well as the alteration of any items (rocket launchers, gas, starting or construction - mounting guns, household items or sports equipment), as a result of which these items acquire the properties of a firearm. The production of a sawn-off shotgun from a firearm does not constitute a crime under Part 1 of Art. 223 of the Criminal Code of the Russian Federation, since as a result of these actions the weapon does not acquire the properties of a firearm.
Repairing firearms and their components means bringing a faulty weapon or its individual parts into a condition suitable for use for its intended purpose.
When deciding whether the culprit’s actions include the illegal manufacture of weapons, attention should be paid to the fact that the decriminalization of actions related to the illicit trafficking of civilian smooth-bore weapons and ammunition is not applicable to Art. 223 of the Criminal Code of the Russian Federation, since in accordance with Part 2 of Art. 3 of the Criminal Code of the Russian Federation, the application of criminal law by analogy is not allowed. Therefore, for example, the manufacture of ammunition for a hunting shotgun constitutes a crime under Part 1 of Art. 223 of the Criminal Code of the Russian Federation.
Composition of crimes provided for in Part 1 and Part 4 of Art. 223 of the Criminal Code of the Russian Federation is formal. Manufacturing and repair are completed at the moment when ready-to-use weapons, ammunition, explosives, explosive devices, and components suitable for assembling weapons are received.
The subjective side of the crime is characterized by direct intent. The perpetrator is aware that he is committing illegal acts with a weapon and wants to do them.
The general subject of the crime is a sane person who has reached the age of sixteen.
A qualified crime (Part 2 of Article 223 of the Criminal Code of the Russian Federation) is formed by the actions provided for in Part 1 of the article in question, committed by a group of persons by prior conspiracy.
A particularly qualified crime is the commission by an organized group of actions provided for in Part 1 of Art. 223 of the Criminal Code of the Russian Federation. The concept of a group of persons by prior conspiracy and an organized group is given in Art. 35 of the Criminal Code of the Russian Federation (see also commentary to Article 205 of the Criminal Code of the Russian Federation).
Article 223 of the Criminal Code of the Russian Federation contains a note according to which a person who voluntarily surrenders a firearm, its components, ammunition, explosives and explosive devices is exempt from criminal liability unless his actions contain another crime. The conditions for the application of this norm are similar to the rules for the application of the note to Art. 222 of the Criminal Code of the Russian Federation.
Criminal liability for the manufacture of bladed weapons
Groups Prosecutor's Office of the Penza Region Clarifications of legislation
June 29, 2022 at 04:59 pm
Author: Prosecutor's Office of the Penza Region
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In accordance with paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices” (hereinafter referred to as the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 12.03. 2002 No. 5) edged weapons can include industrially or home-made objects designed to hit a target using human muscular power in direct contact with the target, which include edged bladed weapons (daggers; combat, national, hunting knives, being weapons; bayonet-knives; sabers; checkers; swords, etc.), other weapons of cutting, piercing, chopping or mixed action (bayonets, spears, battle axes, etc.), as well as weapons of impact-crushing action (brass knuckles, nunchucks, flails, etc.).
Illegal production (Part 4 of Article 223 of the Criminal Code of the Russian Federation) and sale (Part 4 of Article 222 of the Criminal Code of the Russian Federation) of bladed weapons is criminally punishable. For committing these crimes, a punishment of up to 2 years in prison with a fine of up to 80 thousand rubles can be imposed.
In accordance with paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5, the illegal manufacture of edged weapons should be understood as their creation, including by altering any other items (for example, household items or sports equipment), without obtaining licenses in accordance with the established procedure, as a result of which they acquire the properties of edged weapons.
It should be remembered that, in accordance with the notes to Articles 222 and 223 of the Criminal Code of the Russian Federation, a person who voluntarily surrendered a weapon is exempt from criminal liability under these articles.
At the same time, as noted in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5, the voluntary surrender of bladed weapons does not mean the absence of corpus delicti in the act, therefore the termination of a criminal case and (or) criminal prosecution in accordance with the notes to these articles does not entail rehabilitation the person who committed the crime.
In addition, administrative liability is provided for illegal storage and carrying of bladed weapons under Article 20.8 of the Code of Administrative Offenses of the Russian Federation.
Based on materials provided by the prosecutor of the department for supervision of criminal procedure and operational investigative activities of the regional prosecutor's office.
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Judicial practice under Article 223 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 01.08.2018 N 25-APU18-4
to the law enforcement agencies of the Republic of Uzbekistan for the execution of the sentence of the Shumanaysky District Court for Criminal Cases of the Republic of Karakalpakstan of the Republic of Uzbekistan dated May 17, 2016, according to which he was convicted, with taking into account the ruling of the Khodjeli District Court for Criminal Cases of the Republic of Karakalpakstan of the Republic of Uzbekistan, under paragraph “b” of Part 2 of Art. 223 of the Criminal Code of the Republic of Uzbekistan to 5 years of imprisonment in a general regime correctional colony.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 12, 2018 N 46-UD18-40
Asanov Andrey Anatolyevich, ... convicted on March 3, 2000 under paragraph “b” of Part 3 of Art. 158, paragraph “a”, part 3, art. 226, part 1 art. 223, part 2 art. 222, part 4 art. 222, part 3 art. of the Criminal Code of the Russian Federation to 5 years 6 months of imprisonment. Released after serving his sentence on March 29, 2005,
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 25, 2018 N 23-APU18-6
Krymshamkhalov Yusuf Ibragimovich, ... unconvicted, convicted on January 12, 2004 by the Moscow City Court, taking into account the changes made by the cassation ruling of the Supreme Court of the Russian Federation dated July 8, 2004, under Part 2 of Art. 208; Part 3 Art. 222; Part 3 Art. 223; Part 3 Art. 205; pp. “a”, “c”, “d”, “f”, “g” part 2 art. 105; Part 3 Art. , paragraphs “a”, “c”, “d”, “f”, “g” part 2 of Art. 105; Part 1 Art. , part 3 art. 205; Part 2 Art. 322 of the Criminal Code of the Russian Federation, on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation for a combination of crimes, ultimately to life imprisonment with serving the sentence in a special regime correctional colony,
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 8, 2018 N 19-UD18-28
1) September 30, 2004 under Part 1 of Art. 105, part 1 art. 222, part 1 art. 223 of the Criminal Code of the Russian Federation to 11 years in prison; 2) March 10, 2005 under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 7 years in prison with a fine of 10,000 rubles, and for the totality of crimes determined according to the rules of Part 5 of Art. Criminal Code of the Russian Federation - to 11 years 6 months of imprisonment with a fine of 10,000 rubles (taking into account changes made to the sentence, the final punishment was imposed in the form of imprisonment for a term of 11 years 2 months with a fine of 10,000 rubles), released on March 3, 2015. upon completion of the sentence;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 6, 2018 N 18-APU18-19
Convicted under paragraph “a” of Part 4 of Art. 158 of the Criminal Code of the Russian Federation to 3 years 6 months of imprisonment, under Part 1 of Art. 223 of the Criminal Code of the Russian Federation to 3 years in prison with a fine of 100,000 rubles, under Part 3 of Art. and paragraph “a”, part 4, art. 158 of the Criminal Code of the Russian Federation to 2 years 6 months of imprisonment, under paragraph “a”, part 4 of art. 162 of the Criminal Code of the Russian Federation (crime committed on December 19, 2016 in relation to M., L.) to 8 years 6 months of imprisonment with restriction of freedom for 1 year, under paragraph “a” of part 4 of art. 162 of the Criminal Code of the Russian Federation (crime committed on February 16, 2022 against S.N.) to 9 years in prison with restriction of freedom for 1 year, under Part 1 of Art. 222 of the Criminal Code of the Russian Federation to 1 year of imprisonment.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 12, 2018 N 209P18
sentenced to imprisonment: under paragraph “b” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation for 15 years, under Part 4 of Art. , paragraph “b”, part 2, art. 105 of the Criminal Code of the Russian Federation for 14 years, under Part 2 of Art. 222 of the Criminal Code of the Russian Federation for 4 years, under clause “b”, part 4 of art. 226 of the Criminal Code of the Russian Federation for 8 years, under Part 1 of Art. 223 of the Criminal Code of the Russian Federation for 3 years.
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 10, 2019 N 6-UD18-4
according to Part 1 of Art. 223 of the Criminal Code of the Russian Federation to 4 years with a fine of 130,000 rubles; according to Part 1 of Art. 222 of the Criminal Code of the Russian Federation (on the fact of storing, carrying and transferring converted weapons) to 3 years; according to Part 1 of Art. 222 of the Criminal Code of the Russian Federation (on the fact of storing and carrying weapons and ammunition) to 2 years 6 months;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 13, 2019 N 11-APU19-3
Larin Sergey Nikolaevich, ... previously convicted: (1) 01/17/2013 under Part 1 of Art. 119 of the Criminal Code of the Russian Federation to 240 hours of compulsory work; (2) December 27, 2013 under Part 1 of Art. 158, part 1 art. 223 and part 1 of Art. 222 of the Criminal Code of the Russian Federation, to 3 years 6 months 15 days of imprisonment with a fine of 100,000 rubles, released on June 15, 2017 after serving the sentence,
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 26, 2018 N 203-APU18-25
- November 20, 2014 under Part 3 of Art. 223, part 3 art. clause "a" part 2 art. 205, part 3 art. 222, paragraph “a”, part 2, art. 205, part 3 art. 222, paragraph “a”, part 2, art. 205, paragraph “a”, part 2, art. 205, part 3 art. 222, paragraph “a”, part 2, art. 205, part 3 art. 222, paragraph “a”, part 2, art. 205, part 3 art. 222, paragraph “a”, part 2, art. 205, part 3 art. 222, paragraph “a”, part 2, art. 205, part 3 art. 222, part 1 art. 222, part 2 art. 327, part 1 art. 322, part 3 art. 327 of the Criminal Code of the Russian Federation; on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation to 13 years in prison with a fine of 50,000 rubles,
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated March 12, 2019 N 203-APU19-3
Ilya Eduardovich Romanov, ... convicted on August 6, 2015 by the Moscow District Military Court under Part 1 of Art. and part 1 art. 205 of the Criminal Code of the Russian Federation (as amended by Federal Law of December 9, 2010 N 352-FZ), Part 3 of Art. and part 2 of Art. 205.2 of the Criminal Code of the Russian Federation (as amended by Federal Law of December 7, 2011 N 420-FZ), Part 1 of Art. 223 of the Criminal Code of the Russian Federation (as amended by the Federal Law of December 28, 2010 N 398-FZ), Part 1 of Art. 222 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 420-FZ of December 7, 2011) (taking into account the changes made to the sentence by the appeal ruling of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated December 15, 2015) to imprisonment for a term 9 years in a maximum security correctional colony with a fine of 110,000 rubles, the unserved part of the main sentence was 4 years 2 days,
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 29, 2019 N 50-APU19-2
- according to Part 1 of Art. 223 of the Criminal Code of the Russian Federation to 3 years in prison - under Part 1 of Art. 222 of the Criminal Code of the Russian Federation to 3 years in prison. Based on Part 3 of Art. The Criminal Code of the Russian Federation for the totality of crimes imposed a sentence of life imprisonment to be served in a special regime correctional colony.
Clarifying amendments to the Law “On Weapons” came into force
photo: Semina Mikhail
About weapons
Thus, the amendments to the Law “On Weapons” confirm the rule that you can purchase a hunting carbine with a rifled barrel only after five years of owning a smooth-bore weapon.
And, of course, re-register every five years.
But here is an important nuance: you can confirm your right to a rifled barrel even if your continuous period of ownership has been interrupted.
This is important for many people who find themselves in difficult situations.
What does it mean? Let's say the owner of a rifled carbine has expired the registration period or even abandoned his weapon for some reason. And then I changed my mind - life situations are different.
Previously, he would have had to start the entire procedure for obtaining such a weapon all over again. That is, buy a smoothbore and wait five years. But it often happens that he lives by commercial hunting. And at the same time, he is an expert not on ducks, but on squirrels, sables and ungulates. This happens especially often among the small peoples of the North and Far East, where hunting is a profession.
Now such a person is given a chance to return the carbine before the expiration of a year from the date of refusal. If you succeed, you will continue to own it.
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| photo: Semina Mikhail |
By the way, the new amendments strictly indicate that an application for re-registration of a weapon must be submitted no earlier than six months before the expiration of the permit, but no later than one month.
It is very important in the new law to specifically define the number of weapons that Russians are allowed to have. If you are not a collector (this is a special conversation), then you have the right to have a total of no more than ten firearms. And here too there are nuances. You can have five units of long-barreled smoothbore shotguns. Therefore, there are also five rifled ones.
If you are an athlete, you are entitled to have five sporting firearms with a rifled barrel. You can purchase five units of hunting small arms - bows or crossbows.
It is allowed to have two firearms of limited destruction, that is, the so-called injuries.
Medical examination
People who have not passed a medical examination will be prohibited from buying, storing and using weapons. At the same time, from now on only state and municipal medical organizations will be able to conduct medical examinations.
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| photo: Oleg Khaidakin |
A medical examination includes a psychiatric examination and tests for the presence of drugs, psychotropic substances and their metabolites in the body. Those serving in state paramilitary organizations and holding military ranks or high ranks of justice must undergo a medical examination at least once every five years. The procedure is prescribed both for those purchasing weapons for the first time and for those who already own them, with the exception of the military.
The validity period of the conclusion on the absence of medical contraindications to owning a weapon for obtaining a license will be one year from the date of its registration.
Medical reports will be placed in the electronic healthcare register, to which the Russian National Guard will have access. The law also introduces the concept of “medical contraindications to gun ownership.” The Government has been instructed to determine their list.
Mikhail Falaleev March 1, 2022 at 10:55
