Law of Ukraine

“On Accession to the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime”

Date of entry into force:
May 3, 2013

The Convention against Translational Organized Crime of November 15, 2000 (hereinafter referred to as “Convention”) was ratified by the Law of Ukraine N1433-IV of February 4, 2004.

The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (hereinafter referred to as “Protocol”) was adopted on May 31, 2001, in New York.

The Law envisages Ukraine’s accession to the Protocol.

The Protocol supplements the Convention. The Protocol shall be interpreted together with the Convention. The provisions of the Convention shall apply, mutatis mutandis, to the Protocol unless otherwise provided herein. The offences established in accordance with article 5 of the Protocol, shall be regarded as offences established in accordance with the Convention (Article 1 of the Protocol).

According to Article 2 of the Protocol, its purpose is to promote, facilitate and strengthen cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

Article 3 of the Protocol provides definition of terms used therein.

The Protocol shall apply, except as otherwise stated herein, to the prevention of illicit manufacturing of and trafficking in firearms, their parts and components and ammunition and to the investigation and prosecution of offences established in accordance with article 5 of the Protocol where those offences are transnational in nature and involve an organized criminal group (Article 4 of the Protocol).

According to Article 5 of the Protocol, each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conduct, when committed intentionally:
  • illicit manufacturing of firearms, their parts and components and ammunition;
  • illicit trafficking in firearms, their parts and components and ammunition;
  • falsifying or illicitly obliterating, removing or altering the marking(s) on firearms required by article 8 of the Protocol.
Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences the following conduct:
  • subject to the basic concepts of its legal system, attempting to commit or participating as an accomplice in any of the above offences; and
  • organizing, directing, aiding, abetting, facilitating or counselling the commission of any of the above offences.

Confiscation, seizure and disposal of firearms, their parts and components and ammunition is envisaged in Article 6 of the Protocol.

Each State Party shall ensure the maintenance, for not less than 10 years, of information in relation to firearms and, where appropriate and feasible, their parts and components and ammunition that is necessary to trace and identify those firearms and, where appropriate and feasible, their parts and components and ammunition which are illicitly manufactured or trafficked and to prevent and detect such activities (Article 7 of the Protocol). Such information shall include:
  • the appropriate markings required by Article 8 of the Protocol;
  • in cases involving international transactions in firearms, their parts and components and ammunition, the issuance and expiration dates of the appropriate licences or authorizations, the country of export, the country of import, the transit countries, where appropriate, and the final recipient and the description and quantity of the articles.

Deactivation of firearms is provided for by Article 9 of the Protocol.

Article 10 of the Protocol establishes general requirements to systems of export, import and transit licensing or authorization systems.

According to Article 11 of the Protocol, in an effort to detect, prevent and eliminate the theft, loss or diversion of, as well as the illicit manufacturing of and trafficking in, firearms, their parts and components and ammunition, each State Party shall take appropriate measures:
  • to require the security of firearms, their parts and components and ammunition at the time of manufacture, import, export and transit through its territory; and
  • to increase the effectiveness of import, export and transit controls, including, where appropriate, border controls, and of police and customs transborder cooperation.

The procedure for exchange of information is established by Article 12 of the Protocol.

States Parties shall cooperate at the bilateral, regional and international levels to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition (Article 13 of the Protocol).

According to Article 15 of the Protocol, with a view to preventing and combating illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, States Parties that have not yet done so shall consider establishing a system for regulating the activities of those who engage in brokering. Such a system could include one or more measures such as:
  • requiring registration of brokers operating within their territory;
  • requiring licensing or authorization of brokering; or
  • requiring disclosure on import and export licences or authorizations, or accompanying documents, of the names and locations of brokers involved in the transaction.

The Law aims to:
  • intensify practical cooperation with the law enforcement bodies of States Parties;
  • facilitate Ukraine’s efforts to fight organized crime on the national and international levels.
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