International Standards for Weapons Trafficking and Handling

Abstract

The study examines international standards in the field of preventing the illicit manufacturing, circulation and use of firearms, in particular the provisions of the UN Protocol against the Illicit Trafficking in Firearms, the Arms Trade Treaty (ATT), the UN Programme of Action on Small Arms and Light Weapons (UN PoA), as well as Directive (EU) 2021/555. The authors analyze the key mechanisms of international control: marking, registration, traceability, information exchange, destruction of illegal weapons and international cooperation.

Particular attention is paid to assessing the compliance of Ukrainian legislation with these standards, as well as identifying gaps in the national regulatory framework. In particular, the article analyzes the draft Law of Ukraine “On the Right to Civilian Firearms” No. 5708 8 as an attempt to comprehensively regulate the civilian circulation of firearms in Ukraine. It is substantiated that, despite the significant regulatory potential, its provisions do not fully comply with international standards in this area, in particular the UN Protocol against the Illicit Trafficking of Firearms, the UN Programme of Action (UN PoA) and Directive (EU) 2021/555.

The article substantiates the need to implement international approaches in the field of preventing the illicit manufacture, circulation and use of firearms into national legislation, in particular in the context of the post-war regulation of the circulation of weapons, strengthening control and preventing their illicit use. A number of recommendations are proposed for harmonizing Ukrainian legislation with international obligations, taking into account the security challenges caused by armed aggression against Ukraine, which are a prerequisite for the formation of a transparent and safe system of control over the circulation of civilian firearms and an important factor in Ukraine's European integration.