LEGAL FOUNDATIONS FOR COUNTERACTING THE USE OF FIREARMS BY ORGANIZED CRIMINAL GROUPS UNDER MARTIAL LAW

Author (s): Tomkov O.

Work place:

Tomkov O.,

Postgraduate Student

at the Department of Criminal-Executive and Criminal Law,

Educational and Scientific Institute of Law,

Law Enforcement Activities and Psychology,

Penitentiary Academy of Ukraine, Chernihiv, Ukraine

ORCID: 0000-0001-8050-752X

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2026. № 1 (19): 72–82

https://doi.org/10.32755/sjcriminal.2026.01.072

Summary

The article is devoted to the study of the legal foundations for counteracting the illicit circulation and use of firearms by organized criminal groups under the legal regime of martial law in Ukraine. The relevance of the topic is determined by the armed aggression of the Russian Federation against Ukraine, which has led to significant changes in the criminogenic situation, including an increase in criminal offences related to illegal arms trafficking. The use of firearms by organized criminal groups poses a particular social threat, as such actions facilitate the commission of grave and especially grave crimes, complicate the activities of law enforcement agencies, and create real risks to the national security of the state.

The article analyses the concept and content of counteraction to criminal offences and outlines the main directions of legal regulation of illicit arms trafficking, namely: criminal law, administrative law, criminal procedural, operational and investigative, and international legal measures. The role and powers of the National Police of Ukraine, as well as other actors within the security and defense sector, in implementing measures to control arms circulation during the period of martial law are examined. Particular attention is paid to the application of covert investigative (search) actions, operational and investigative measures, and international cooperation as effective tools for detecting and suppressing unlawful activities of organized criminal groups.

It is concluded that effective counteraction to illicit arms trafficking under martial law is possible only through the comprehensive application of the aforementioned legal mechanisms, proper interagency cooperation, and further improvement of the legislative framework governing the activities of law enforcement agencies.

Key words: martial law, counteraction, prevention, criminal offence, arms trafficking, organized criminal groups, National Police of Ukraine.

 

References

 

  1. Ukraine (2015), On the Legal Regime of Martial Law : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  2. Terentiev, A. V. (2007), “Some considerations on defining the concept of operational and investigative characteristics in the theory of operational and investigative activity”, South Ukrainian Law Journal, No. 1, pp. 178–181.
  3. Didenko, S. V. (2007), “On defining the concept of operational and investigative characteristics of crimes related to the use of explosives or ammunition”, Scientific Bulletin of Lviv State University of Internal Affairs, No. 1, pp. 174–186.
  4. Ukraine (1996), Constitution of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  5. Ukraine (2001), Criminal Code of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  6. Ukraine (2015), On the National Police : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  7. Ukraine (1992), On the Security Service of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  8. Ukraine (2018), On National Security of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  9. Ukraine (2012), Criminal Procedure Code of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  10. United Nations Organization (2000), United Nations Convention against Transnational Organized Crime : Convention, United Nations, New York.

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