ADMINISTRATIVE OFFENSES COMMITTED BY MINORS IN THE SPHERE OF WEAPONS CIRCULATION: ANALYSIS OF LEGISLATION AND PRACTICE OF APPLYING MEASURES OF INFLUENCE

Abstract

The article analyzes the administrative liability of minors for offenses related to weapons and establishes that this issue remains insufficiently studied in Ukrainian legal science and legislation. Significant gaps have been identified in the definition of the term "weapon", the procedure for applying measures of influence to minors, and the regulation of parental liability for failure to fulfill upbringing responsibilities. These gaps complicate law enforcement, lead to inconsistent judicial practice, and create legal uncertainty in the sphere of handling firearms, cold weapons, and pneumatic weapons.

The article examines the concepts and types of weapons applied in Ukrainian administrative law (firearms, cold weapons, and pneumatic weapons) and identifies legislative gaps that complicate the qualification of offenses. It has been found that most cases involving unlawful handling of weapons by minors are closed due to the minor not reaching the age of administrative responsibility or the absence of an offense. At the same time, judicial practice demonstrates varied application of Articles 184 and 241 of the Code of Ukraine on Administrative Offenses (CUAO) concerning minors and their parents, highlighting the need for unified approaches. Real court cases are presented to illustrate the specifics of applying measures of influence depending on the age of the offender, the nature of the offense, and the circumstances of the case.

The author proposes the following legislative amendments to the Ukrainian law to address the identified issues: establish in legislation a clear definition of the term "weapon" taking into account its types and parameters; regulate the procedure for applying measures of influence to minors, considering their age, the nature of the offense, and the circumstances of the case; clarify parental responsibility for negligence in upbringing and its limits; develop methodological recommendations for courts to unify the practice of applying Article 241 CUAO; and provide for specific features of minors’ liability during states of emergency and martial law. Implementing these proposals will enhance the effectiveness of administrative influence on minors, ensure consistent judicial practice, and strengthen the educational function of legislation in the sphere of weapon circulation.