Commentary to Art. 348 of the Criminal Code
1. The subject of this crime completely coincides with the subject of the two previous offenses.
2. The objective side is characterized by a violation of the rules for saving military property entrusted to the subject for official use, which can be expressed both by action (storing said property in places not designated for this purpose) and by inaction (for example, leaving property unattended).
3. The act is considered completed from the moment the subject loses military property, i.e. his removal from the subject's possession against his will.
4. The subject of the crime is a military serviceman to whom weapons, ammunition or military equipment were entrusted for official use.
Weapons are a responsibility: fines for the loss of weapons and shooting in violation of the rules
You should carefully observe the rules for the circulation of weapons, which are defined by the Federal Law of the Russian Federation “On Weapons” and the “Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation.”
Failure to comply with the established rules entails both administrative and criminal liability, as well as confiscation of weapons and cancellation of permits for the right to store and use them.
Employees of the Office of the Russian Guard for the Republic of Mari El, together with employees of the Ministry of Natural Resources, Ecology and Environmental Protection of the Republic of Mari El, will conduct joint raids during the hunt to suppress the illegal extraction of wildlife and the established rules for the circulation of weapons.
According to Russian legislation (Resolution of the Government of the Russian Federation dated July 21, 1998 No. 814), the hunter must have with him an identification document, a hunting ticket, a voucher or license for the extraction of game animals, a valid permit to store and carry firearms, and documents for him.
A hunting rifle must be transported in a disassembled state, if its design features allow. When entering a hunting area, weapons must be sheathed. If the rules are not followed, the violator is prosecuted under Article 20.12, Part 2 of the Code of Administrative Offenses of the Russian Federation, which threatens with the imposition of an administrative fine in the amount of 1,000 to 1,500 rubles.
Firing weapons in populated areas or in other places not designated for this purpose is punishable by an administrative fine in the amount of 40,000 to 50,000 rubles with confiscation of weapons and ammunition or deprivation of the right to purchase and store or store and carry weapons in a term of 1.5 to 3 years with confiscation of weapons and ammunition (Article 20.13. Part 2. Code of Administrative Offenses of the Russian Federation).
The same action, committed by a group of persons or by a person in a state of intoxication, entails the imposition of an administrative fine in the amount of 50,000 to 100,000 rubles with confiscation of weapons and ammunition for them, or deprivation of the right to purchase and store or store and carry weapons for a period of 3 years with the confiscation of weapons and ammunition.
According to Article 20.13. Part 1 of the Code of Administrative Offenses of the Russian Federation. Firing a weapon in designated areas in violation of the established rules shall entail the imposition of an administrative fine in the amount of 3,000 to 5,000 rubles with or without confiscation of the weapon and its ammunition.
Particular attention must be paid to compliance with safety regulations; weapons must be held so that the barrels of the gun are always directed away from people, pets or buildings. It is prohibited to move with weapons in crowded places, leave weapons and ammunition unattended, and transfer weapons to other persons. Well, and, of course, the consumption of alcoholic beverages should be excluded while hunting; alcohol is the cause of many accidents. According to Article 20.8 of Part 4.1. of the Code of Administrative Offenses of the Russian Federation, carrying a firearm by a person in a state of intoxication entails the imposition of an administrative fine on citizens in the amount of 2,000 to 5,000 rubles with or without confiscation of the weapon and ammunition for it, or deprivation of the right to purchase and store or store and carry weapons for a period of from 1 to 2 years with or without confiscation of weapons and ammunition.
According to Article 20.8 of Part 4.2 of the Code of Administrative Offenses of the Russian Federation, failure by a person carrying a firearm to comply with the legal requirement of a law enforcement officer to undergo a medical examination for intoxication entails deprivation of the right to purchase and store or store and carry weapons for a period of one to two years years with or without confiscation of weapons and ammunition.
According to Article 20.8 of Part 6 of the Code of Administrative Offenses of the Russian Federation, illegal acquisition, sale, transfer, storage, transportation or carrying of civilian smooth-bore firearms and limited-kill firearms entails the imposition of an administrative fine on citizens in the amount of 3,000 to 5,000 rubles with confiscation of the weapon and ammunition for it. or administrative arrest for a period of 5 to 15 days with confiscation of weapons and ammunition; for officials - from 10,000 to 50,000 thousand rubles with confiscation of weapons and ammunition for it or their disqualification for a period of one to three years with confiscation of weapons and ammunition for it; for legal entities - from 100,000 to 500,000 rubles with confiscation of weapons and ammunition or administrative suspension of their activities for a period of 10 to 60 days.
It is not uncommon for weapons to be lost while hunting. Violation of Article 224 of the Criminal Code of the Russian Federation. Careless storage of firearms is punishable by a fine in the amount of up to 40,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 3 months, or by compulsory labor for a period of up to 360 hours, or by correctional labor for a period of up to 1 year, or restriction of freedom for a term of up to 1 year, or arrest for a term of up to 6 months.
A hunter must always remember that a gun poses a serious danger both to those around him and to the shooter himself. Therefore, a number of techniques for handling a gun have been developed, the implementation of which minimizes the possibility of accidents.
Based on the requirements of the Hunting Rules, in order to ensure safety during hunting, it is prohibited:
- shoot and be with a loaded weapon in populated areas, as well as in the immediate vicinity;
- carry out the extraction of game animals using hunting firearms and (or) pneumatic weapons closer than 200 meters from housing;
- shoot “at noise”, “at rustling”, at a vaguely visible target, at dusk, against the sun and under other conditions of poor visibility.;
— shoot at game birds sitting on wires and supports (poles) of power lines;
- shoot along the line of shooters (when the projectile can pass closer than 15 meters from the adjacent shooter);
— organize a corral of game animals, in which the hunters move inside the pen, surrounding the animals caught in the pen.
— shoot at information signs, including road signs, traffic signs, boundary signs, advertising structures (stands, billboards), as well as special information signs (full houses) and other information signs and their supports, residential and non-residential premises.
Source
Second commentary to Art. 348 of the Criminal Code of the Russian Federation
1. The subject of the crime is weapons, ammunition and military equipment. On the concept of military equipment, see the commentary to Art. 346 of the Criminal Code.
2. Loss means the release of these items from the control of the serviceman to whom they were entrusted for official use.
3. The loss must be a consequence of a violation by the military personnel of the established rules for storing weapons, ammunition or military equipment.
4. The subject of the crime is a military serviceman to whom weapons, ammunition, and military equipment were entrusted for use in the performance of military service duties.
5. The subjective side of the crime is guilt in the form of negligence.
Hunting and fishing
It is quite possible to accidentally simply drop a gun due to careless handling in a boat, and even on a wave.
But the water is cold and the depth is decent. There were cases when the gun was simply forgotten due to a hangover, and they were remembered when they found themselves at home several hundred kilometers away. Be that as it may, the permitters will not accept any explanations. Failure to comply with the established “Rules for the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation” entails both administrative and criminal liability, as well as confiscation of weapons and cancellation of permits for the right to store and use them. Read more about fines for the loss of weapons and fines for shooting in violation of the rules. Fines for the loss of weapons and shooting in violation of the rules
During the hunting season, cases of loss or misuse of hunting weapons become more frequent. Thefts often occur because citizens store their hunting weapons in violation of established rules. The owner is held liable for theft or loss of his weapon under Art. 224 of the Criminal Code of the Russian Federation. In case of illegal use of firearms and their use in an undesignated place in violation of established rules, the owner of the weapon is prosecuted under Art. 20.13 Code of Administrative Offenses of the Russian Federation. If the owner of the weapon was prosecuted under Art. 8.37 of the Code of Administrative Offenses of the Russian Federation and he is deprived of the right to hunt, then the permit to store and carry firearms is canceled and a permit is issued for storage without the right to carry.
Fine for careless storage of weapons
Violation of Article 224 of the Criminal Code of the Russian Federation. Careless storage of firearms is punishable by a fine of up to 40,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 3 months, or by compulsory labor for a period of up to 360 hours, or by correctional labor for a period of up to 1 year . or restriction of freedom for a term of up to 1 year , or arrest for a term of up to 6 months .
Fines for shooting in violation of the rules
Article 20.13 of the Code of Administrative Offenses of the Russian Federation Firing a weapon in designated places in violation of established rules or in places not designated for this (as amended by Federal Law No. 177-FZ of July 2, 2013 ) provides for liability:
- firing a weapon in designated places in violation of the established rules entails the imposition of an administrative fine in the amount of three thousand to five thousand rubles with or without confiscation of the weapon and ammunition;
- firing a weapon in populated areas or in other places not designated for this purpose entails the imposition of an administrative fine in the amount of 40,000 to 50,000 rubles with confiscation of the weapon and ammunition for it or deprivation of the right to purchase and store or store and carry weapons for a period from 1.5 to 3 years with confiscation of weapons and ammunition;
- an action provided for in Part 2 of this article, committed by a group or a person in a state of intoxication - entails the imposition of an administrative fine in the amount of 50,000 to 100,000 rubles with confiscation of weapons and ammunition for them, or deprivation of the right to purchase and store or storage and carrying for a period of 3 years with confiscation of weapons and ammunition.
Third commentary to Article 348 of the Criminal Code of the Russian Federation
1. The subject of the crime may be weapons, ammunition or items of military equipment entrusted to a military personnel for official use.
2. The loss of these items means their leaving the possession of the perpetrator against his will due to his violation of the rules for storing these items (stolen by another person, lost, etc.).
3. A causal connection must be established between the fact of violation of the rules for saving the specified property and its loss.
4. From the subjective side, a crime is characterized by careless guilt in the form of frivolity or negligence.
5. The subject of the crime may be a military serviceman to whom the specified items were entrusted for official use.
‹ Article 347. Destruction or damage to military property through negligenceUp Article 349. Violation of the rules for handling weapons and objects that pose an increased danger to others ›
This year, 5 units of civilian weapons were lost in the service area of the Russian Ministry of Internal Affairs in the Mirny Closed Administrative Unit of the Arkhangelsk Region. The main reason for the losses is violation of the rules for storing and carrying weapons. For violations by weapon owners of the rules for storing, carrying and transporting weapons, administrative liability arises in accordance with the provisions of Part 4 of Article 20.8 of the Code of Administrative Offenses of the Russian Federation , according to which a fine of up to 2 thousand rubles or cancellation of the permit to store and carry weapons is provided.
The most common cases are theft of weapons from vehicles, when weapons are left by their owners in car interiors, garages, sheds, which is strictly prohibited, as well as from apartments, houses, if the conditions for storing weapons are not met. Often the cause of loss is a violation of the rules for carrying and storing weapons . Short-barreled, barrelless self-defense weapons should be carried in special holsters, with a safety belt, and not in the pockets of outerwear, bags, packages, or behind the belt.
Weapon losses also occur due to the personal irresponsibility of citizens , for example during fishing, or under unclear circumstances when the owner of the weapon himself cannot remember where and how he could have lost it. In this case, memory is usually affected by the amount of strong drinks. It must be remembered that drinking alcohol and carrying weapons are incompatible.
Owners should take a more responsible approach to the problem of storing and carrying firearms and pneumatic weapons, and should not take them with them to entertainment events, especially if they are going to drink alcohol. It is necessary to store weapons in a safe place, inaccessible to unauthorized persons and members of your family, especially children. Remember: your irresponsible attitude towards such dangerous objects as weapons can lead to irreparable consequences.
Often, weapons enter the criminal environment due to the negligence of weapon owners who did not ensure proper storage, as a result of which they often become the subject of theft and are used for criminal purposes.
It should be noted that the action or inaction of a person associated with a violation of the established rules for storing weapons, which created a condition for its use by another person, if this entailed grave consequences, forms part of a criminal offense under Art. 224 of the Criminal Code of the Russian Federation.
Safes with weapons, which have little weight and represent “easy” money for criminals with the hope of seeing money in the safe, are recommended to be attached to the floor or wall.
The safe must be tightly locked, and its strength must prevent the door from being pushed open by mechanical force.
In order to prevent theft and theft of weapons, the licensing and permitting group of the Ministry of Internal Affairs of Russia for the Mirny Closed Administrative Unit of the Arkhangelsk Region recommends that weapon owners equip weapon and ammunition storage areas with engineering and technical security equipment connected to the centralized security console of the Private Security Department.
Group of LRR OMVD of Russia for ZATO Mirny, Arkhangelsk region
