FEATURES OF CRIMINAL LIABILITY FOR IMPROPER STORAGE OF WEAPONS
Rubrics: CRIMINAL LEGAL SCIENCES
Authors:
1.
East Siberian Institute of the Ministry of Internal Affairs of the Russian
(department of criminal law and criminology, deputy head)
Russian Federation
Russian Federation
2.
East Siberian institute of the Ministry of Internal Affairs of the Russian Federation
(Department of Firearms Training, Head of the Department)
from 01.01.2025 until now
Russian Federation
from 01.01.2025 until now
Russian Federation
Type:
Article
Pages:
from 57
to 62
Status:
Published
Received:
15.12.2025
Accepted:
16.04.2026
Published:
30.06.2026
Subject area:
VAK Russia 5.1.4
UDC 34
UDC 34
Language:
Russian
Keywords:
negligent possession of weapons, Article 224 of the Criminal Code of the Russian Federation, public safety, rules of arms trafficking, illegal arms trafficking, firearms
Abstract:
The article provides a comprehensive analysis of the criminal law aspects of liability for negligent possession of firearms under Article 224 of the Criminal Code of the Russian Federation. The authors emphasize the importance of this criminal law norm for ensuring public safety, since the misuse of weapons creates prerequisites for the commission of violent crimes. The central problem of the study is the existing qualification difficulties faced by law enforcement practice. The authors examine in detail the key criteria for distinguishing the corpus delicti provided for in Article 224 of the Criminal Code of the Russian Federation from related acts. The fundamental difference is the legality of the original possession: Article 224 of the Criminal Code applies exclusively to the rightful owners who violated the rules of storage, while Article 222 of the Criminal Code criminalizes the very fact of illegal arms trafficking. In the context of the distinction with art. 225 of the Criminal Code, the authors point to the different nature of the violated rules and the specifics of the consequences. Special attention is paid to the problems of proof caused by the material composition and the careless form of guilt. The authors highlight the difficulties in establishing a direct causal relationship between the fact of negligent storage and use of weapons by a third party, as well as in assessing the subjective ability of a person to anticipate such consequences. The evaluative nature of the concept of «negligent storage» is noted, leading to inconsistency in judicial practice. Finally, measures are proposed to improve legal regulation, in particular, the legal definition of the key term in the note to art. 224 of the Criminal Code of the Russian Federation to ensure uniform interpretation and application of the specified criminal law norm.
The article provides a comprehensive analysis of the criminal law aspects of liability for negligent possession of firearms under Article 224 of the Criminal Code of the Russian Federation. The authors emphasize the importance of this criminal law norm for ensuring public safety, since the misuse of weapons creates prerequisites for the commission of violent crimes. The central problem of the study is the existing qualification difficulties faced by law enforcement practice. The authors examine in detail the key criteria for distinguishing the corpus delicti provided for in Article 224 of the Criminal Code of the Russian Federation from related acts. The fundamental difference is the legality of the original possession: Article 224 of the Criminal Code applies exclusively to the rightful owners who violated the rules of storage, while Article 222 of the Criminal Code criminalizes the very fact of illegal arms trafficking. In the context of the distinction with art. 225 of the Criminal Code, the authors point to the different nature of the violated rules and the specifics of the consequences. Special attention is paid to the problems of proof caused by the material composition and the careless form of guilt. The authors highlight the difficulties in establishing a direct causal relationship between the fact of negligent storage and use of weapons by a third party, as well as in assessing the subjective ability of a person to anticipate such consequences. The evaluative nature of the concept of «negligent storage» is noted, leading to inconsistency in judicial practice. Finally, measures are proposed to improve legal regulation, in particular, the legal definition of the key term in the note to art. 224 of the Criminal Code of the Russian Federation to ensure uniform interpretation and application of the specified criminal law norm.
Keywords:
negligent possession of weapons, Article 224 of the Criminal Code of the Russian Federation, public safety, rules of arms trafficking, illegal arms trafficking, firearms
negligent possession of weapons, Article 224 of the Criminal Code of the Russian Federation, public safety, rules of arms trafficking, illegal arms trafficking, firearms
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