Olimzoda Jomii Jamshed. Legal Problems of Arms in Civil Circulation Among Individuals (Civilians)
DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.7
Olimzoda Jomii Jamshed, Junior Scientific Assistant, Department of Civil and Labor Law, Civil Procedure, Moscow University of the Ministry of Internal Affairs of Russia named after V.Y. Kikot, Akademika Volgina St, 12, 117997 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0009-0356-2619
Introduction: arms belong to things whose circulation capacity is of a specific nature, established in the norms of current civil legislation. Its circulation among the civilians is characterized by accessibility to transfer ownership or possession to other entities; the presence of value expression or real value; the establishment of specific grounds and requirements for acquisition and inclusion in civil circulation in a limited form. Despite the consolidation of the concepts of arms, arms in circulation, and the regulation of the legal status of civilian arms in Russian legislation, certain terminological and practical issues in the field of arms in circulation among the civilians remain unresolved. In doctrinal sources, the term also remains too abstract, which makes it advisable to revise it, as well as to determine the characteristic signs of arms in circulation among the civilians. The purpose of the paper is to define the essence of the concept of arms in circulation among individuals, highlighting its characteristic features. To achieve this goal, the general scientific (the method of analysis and synthesis, systemic, dialectical) and the special (formal legal, comparative law) research methods are applied. Research results: the paper reveals the peculiarities of arms in civil circulation among individuals. The intersectoral nature of legal relations associated with the arms in circulation among the civilians is established: in addition to the civil law aspect, the provisions and norms of economic, customs, family, and administrative law are also involved. It is revealed that in Federal Law No. 150-FZ of December 13, 1996 “On Arms”, the general term “arms in circulation” outlines a limited list of actions available for implementation in relation to the analyzed objects of civil rights (things, property, goods). Conclusions: the approach is justified, whereby arms in civil circulation among individuals should be understood as a set of public legal relations arising in the process of transfer of rights and obligations between civilians regarding transactions or other actions in relation to a certain object (arms) that has the ability to be in limited civil circulation and be under the control of state bodies in order to satisfy public and private interests.
Key words: object of civil rights, arms, civilian arms, arms in circulation, civilians.
Citation. Olimzoda Jomii Jamshed. Legal Problems of Arms in Civil Circulation Among Individuals (Civilians). Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 4, pp. 52-58. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.7
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