Cancellation of storage permission. Procedure for revoking a weapons license
Hello Roman.
A weapons permit may be revoked for repeated violations, including hunting rules, within a year.
If the protocol was drawn up in March 2016 and according to it you were brought to justice without challenging the decision, then your permit to store and carry weapons may be revoked after being brought to administrative responsibility again.
Were you sentenced under the first protocol?
Federal Law of December 13, 1996 N 150-FZ
(edited on 07/06/2016)
"About Weapons"
Article 26. Cancellation and withdrawal of a license to purchase weapons and (or) permission to store or store and carry weapons
A license to purchase weapons and a permit to store or store and carry weapons are canceled by the authorities that issued this license and (or) permit in the following cases:
1) voluntary refusal of the specified license and (or) permit, or liquidation of a legal entity, or death of the owner of the weapon;
2) making a court decision to deprive a citizen of the corresponding special right, to cancel a license and (or) permit;
ConsultantPlus: note.
On the recognition of paragraph 3 of part one of Article 26 as inconsistent with the Constitution of the Russian Federation in the meaning given by law enforcement practice, see Resolution of the Constitutional Court of the Russian Federation dated April 16, 2015 N 8-P.
3) the occurrence of circumstances provided for by this Federal Law that preclude the possibility of obtaining a license and (or) permit;
In cases of violation by a citizen of the rules established by this Federal Law and the relevant regulatory legal acts of the Russian Federation for storing, carrying, destroying, manufacturing, selling, transferring, transporting, transporting or using weapons and ammunition for them, as well as sending a weapon by a citizen, the license issued to him to purchase weapons and (or) permission to store or store and carry weapons are temporarily confiscated by the federal executive body authorized in the field of arms trafficking, or its territorial body until a final decision is made in the manner established by the legislation of the Russian Federation, or by internal affairs bodies with subsequent transfer to territorial body of the federal executive body authorized in the field of arms trafficking.Article 13. The right to purchase weapons by citizens of the Russian Federation
A license to purchase weapons is not issued to citizens of the Russian Federation:
5) repeatedly brought to administrative responsibility within a year for committing an administrative offense encroaching on public order and public safety or the established management procedure, administrative offense related to violation of hunting rules, or an administrative offense in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, plants containing narcotic drugs or psychotropic substances or their precursors, or their parts containing narcotic drugs or psychotropic substances or their precursors, with the exception of administrative offenses related to consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances - until the end of the period during which the person is considered subject to administrative punishment;
Sincerely! G.A. Kuraev
ROG received a question from a reader.
“Dear editors! My weapons license and the weapons themselves were taken away for two administrative protocols.
The first protocol is that he allegedly did not renew his weapons license on time. My deadline was March 22, and I brought the documents on March 17.
The second report was drawn up at the end of September for careless handling of the passport. On October 29, the licensing inspector confiscated the license and weapons. I have owned guns for about 30 years. There were no complaints. Is this legal?
Thanks in advance, Nikolai LAVRUKHIN
Let me remind you that legal issues related to arms trafficking, incl. with the deprivation of hunters’ permits and the weapons themselves are regulated by the following legal acts.
— Federal Law of December 13. 1996 No. 150-FZ “On Weapons” (as amended on September 15, 2015);
— Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ (as amended on July 13, 2015);
— Decree of the Government of the Russian Federation dated July 21, 1998 No. 814 (as amended on May 6, 2015) (hereinafter referred to as the Rules);
— Order of the Ministry of Internal Affairs of the Russian Federation dated April 12, 1999 No. 288 (as amended on December 30, 2014) (hereinafter referred to as the Instructions);
— Order of the Ministry of Internal Affairs of the Russian Federation dated June 29, 2012 No. 646 (hereinafter referred to as the Regulations);
Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices” (as amended on December 3, 2013) (hereinafter referred to as the Plenum ).
Previously, ROG sufficiently informed readers about these documents, so I will briefly discuss only some of their requirements.
Regarding the question asked by the reader, it is necessary to remember the requirements of Art. 26 and 27 of the Federal Law “On Weapons”, which lists cases in which hunters’ permits to store and carry weapons, as well as their confiscation, can be revoked.
From the appeal to “ROG” it follows that in relation to our reader, the provision of clause 3, part 1, art. 26 of the said law.
It says here that a license to purchase weapons and a permit to store or store and carry weapons are canceled by the authorities that issued this license and (or) permit in the event of the occurrence of circumstances provided for by this Federal Law that preclude the possibility of obtaining a license and (or) permit.
Our reader was brought to justice for administrative offenses: “renewed his weapons license at the wrong time” and “negligently treated his passport.” These compounds are named in Articles: 20.11 and 19.16 of the Code of Administrative Offenses of the Russian Federation.
Such offenses subject citizens to administrative liability in the form of a warning or an administrative fine.
Legislative requirements that fall within the definition of the occurrence of circumstances provided for by this Federal Law that preclude the possibility of obtaining a license and (or) permit are set out in Part 20 of Art. 13 Federal Law “On Weapons”.
Clause 5 of the said article of the Federal Law states that a license to purchase weapons is not issued to citizens who “have repeatedly committed an administrative offense within a year, encroaching on public order and public safety or the established management procedure, an administrative offense related to violation of hunting rules, or an administrative offense in the field of illicit trafficking in narcotic drugs, psychotropic substances or their analogues and consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, until the end of the period during which the person is considered subject to administrative punishment.
Bringing our reader to justice under Art. 20.11 and 19.16 of the Code of Administrative Offenses of the Russian Federation means that its violations, respectively, encroach on “public order and public safety” and “against the order of government.”
And further. Deprivation of a citizen who has committed an administrative offense of a special right previously granted to him, including the right to hunt, as established by Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, is established for gross or systematic violation of the procedure for using this right in cases provided for by the articles of the Special Part of this Code.
Deprivation of an individual of a special right previously granted to him is also established for evading the execution of another administrative penalty imposed for violating the procedure for using this right, in cases provided for by the articles of the Special Part of this Code. Deprivation of a special right is ordered by a judge. Cancellation of licenses and permits for weapons by police authorities is regulated by paragraphs. 147-149 of the Regulations.
The issues of confiscation of weapons and ammunition from citizens are determined by Art. 27 Federal Law “On Weapons”, section 14 of the Rules (paragraphs 78-83) and paragraphs. 143-146 of the Regulations.
The grounds for starting the procedure for canceling licenses and permits are provided for in Art. 26 Federal Law “On Weapons”.
Our readers probably know about the resolution of April 16, 2015 No. 8-p of the Constitutional Court of the Russian Federation “In the case of verifying the constitutionality of clause 3 of part 1 of Art. 26 of the Federal Law “On Weapons” in connection with a complaint from the non-state educational institution of additional professional education “Training and Technical Center “Kolchuga”.
Paragraph 2 of this resolution required the federal legislator to clarify the list of circumstances under which a permit issued to a legal entity to store and use weapons and ammunition for them can be canceled by the authorized body administratively.
Circumstances precluding the possibility of obtaining a license It is no secret to anyone that in order to obtain a license to purchase weapons, citizens are required to provide documents confirming the absence of reasons preventing them from legally acquiring these weapons. However, there are situations when the legal impossibility of having a weapon at your disposal occurs after acquisition. In this case, the storage permit, issued at one time on legal grounds, in new circumstances will be canceled by a court decision. Accordingly, the reasons may be as follows:
- if the owner of a weapon (or the holder of a license to purchase it) twice within one year commits an administrative offense that infringes on public order and peace of citizens.
Cancellation of a weapons permit: why and how can a license be revoked in Russia?
After the death of a citizen, ammunition is confiscated by the LRO body and stored there until the inheritance of the successors to whom these weapons will pass. The period of such storage is no more than one year (Article 27 150-FZ).
The weapon will be issued to the heir and registered in his name if the appropriate documents are available - a certificate of inheritance and a license to purchase. After this, the heir will be able to both take ownership and sell the “weapon inheritance” or re-donate it.
Info
Liquidation of a legal entity Weapons cannot always be registered to an individual, since the law does not prohibit registering guns to organizations. If a company is liquidated, the weapons at its disposal are also transferred for storage to the LRO under the same conditions as when withdrawn or transferred for storage by citizens.
Cancellation of a gun license
The Federal Law “On Weapons” and the corresponding Russian regulatory legal acts may be temporarily withdrawn by representatives of the Department of Internal Affairs of the Russian Federation. The department of internal affairs that issued a document to a legal entity has the right to confiscate it if an administrative penalty was imposed on the owner by court order for violating the relevant articles of the Code of Administrative Offences.
The period of deprivation of permission is the period of punishment established by the court. Important: with regard to permits for hunting rifles, deprivation can be carried out in accordance with the provisions of the Federal Law of July 24, 2009 N 209-FZ (regarding hunting and the protection of hunting resources).
The process of revocation of a license Cancellation of a weapons permit (on the basis, in particular, from paragraph 2) is preceded by a written notification sent by the issuing authority to the owner.
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“Systematic” means repeated violation or failure to comply within a year (presumably an administrative year, not a calendar year). A preliminary written warning about the revocation of a license or permit is issued only for the administrative offenses listed above and is in these cases a necessary condition for issuing a conclusion on revocation. “Circumstances that have arisen that preclude the possibility of obtaining a license” mean conditions that did not yet exist at the time a citizen received a license or permit and were established later. They may be: the presence of physical contraindications, the entry into force of a court verdict against him, and a number of others.
On revocation of permission to store weapons and their confiscation
Russia. The law provides for the following cases of deprivation of the owner of an official license:
- When the owner (individual) confirms the voluntary refusal of the document;
- When a legal entity completes the liquidation process;
- Death of the owner of the weapon for which the permit is issued;
- After an official court decision is made, according to which the citizen is deprived of the special right to own a license;
- When canceling a document;
- If such circumstances arise (provided by the Federal Law “On Weapons”) that make obtaining a document impossible.
Explanation of paragraph 2: an individual (as well as a legal entity) may have their license revoked if they systematically (at least twice during the year) violate or insufficiently fulfill the requirements of the Code of Administrative Offences.
Federal Law “On Weapons” dated December 13, 1996, No. 150-FZ, Article 26 (as amended on March 7, 2018)
Attention
Voluntary renunciation of a license It is quite difficult to imagine such a situation, given the time and financial costs required by the procedure for acquiring a firearm. And, nevertheless, sometimes citizens have to resort to this article of the law (Art.
26, paragraph 1). This is usually associated with permission to store weapons. Owners voluntarily cancel the document in the following circumstances:
- if the weapon is irreparably damaged or outdated, and its further use is not possible;
- the owner’s personal desire to hand over the weapon, for example, because it is no longer needed;
- upon disposal of weapons;
- in other situations of an individual nature.
If a weapon is damaged or the owner wishes to write off, for example, an old gun that has served its purpose, it is necessary to write a corresponding application to the licensing and permitting department.
Procedure for revoking a weapons license
The law provides for two types of administrative offenses that may lead to the revocation of a license or permit - a violation or failure to comply with the requirements of the Federal Law “On Weapons”, as well as other regulations governing the circulation of weapons. In this case, an administrative offense expressed in direct disobedience to subjects, the rights established by legislative norms, and failure to comply with regulations must be recognized as a violation.
In case of violation of the law, as opposed to its non-execution, the subject of the law commits certain actions that diverge in form and content from the established rules. In case of non-compliance with the legislation, the subject of the law does not perform any actions, although according to the meaning of the law he was obliged to perform them.
Federal Law of December 28, 2010 N 398-FZ) (see text in the previous edition) A license to purchase weapons and a permit to store or store and carry weapons are canceled by the authorities that issued this license and (or) permit in the case of: 1) voluntary refusal of the said license and (or) permit, or termination (absence) of the legal entity specified in paragraphs 2 - 7 of Article 10 of this Federal Law, the right to acquire (storage, use) weapons, or liquidation of the legal entity, or death of the owner of the weapon ; (as amended by Federal Law dated March 7, 2018 N 39-FZ) (see.
Bodies authorized to revoke a license to bear arms
Three months before the expiration of this period, permit holders must submit to the internal affairs body at the place where weapons are registered the applications and documents necessary to extend their validity. Extension of the validity period of permits is carried out in the manner established for their issuance. After appropriate verification of the conditions for storing weapons at the place of residence of citizens, their technical inspection and control shooting of firearms with a rifled barrel, owners are issued new permits. When issuing them, those previously received, with an expired validity period, must be handed over to the internal affairs body.
Re-issuance of the above-mentioned licenses and permits is also carried out when the information specified in them changes, as well as in cases of replacement of deteriorated or lost licenses and permits, based on statements from the owners and supporting documents.
There was a license, and not. In previous issues of our newspaper, we told you about some of the legal aspects associated with obtaining a license to purchase hunting firearms (No. 5, p. 2) and permission for its subsequent storage and carrying (No. 6, p. 2 ). These materials, of course, could not accommodate all the nuances and situations that a citizen may encounter when exercising his right to own a hunting weapon.
Moreover, each gun owner, depending on his hunting experience and predilections for a particular type of hunting, as well as everyday conflicts, has his own pressing questions and even problems related to weapons, the correct resolution of which often requires certain knowledge in the field law regulating the circulation of weapons in the country.
Watch the video below in which the LRO inspector will tell you why your weapons license is revoked. For what administrative offenses are weapons licenses revoked? Administrative violations that can lead to license revocation include:
- 20.8 (weapons regulations);
- 20.9 (attaching night vision and silent shooting devices to weapons);
- 20.10 (creation and circulation of “pneumatics”);
- 20.11 (terms for timely registration and registration);
- 20.12 (weapon transportation standards);
- 20.13 (shooting rules, shooting outside specially designated areas);
- 20.14 (rules for certification of weapons with cartridges).
A license if a citizen has violated the rules for the circulation of weapons provided for in Art.
Dear Ilya! Hello! The circulation of weapons on the territory of the Russian Federation is regulated by a number of regulatory legal acts, primarily by the Federal Law of December 13, 1996 No. 150-FZ “On Weapons”. So, for example, according to Article 27 of Law No. 150-FZ
The procedure for issuing the relevant licenses is regulated by Article 13 of this law, and the procedure for using the weapons themselves is regulated by Article 25.Seizure of weapons and ammunition for them is carried out: 1) by internal affairs bodies in cases of: gross violation by legal entities of licensing requirements and conditions of production, sale, storage or accounting of weapons and ammunition for them, as well as illegal manufacture, acquisition, sale, transfer, storage or transportation of firearms until a final decision is made in the manner established by the legislation of the Russian Federation; violation by citizens of the rules for storing, manufacturing, selling, transferring or using weapons and ammunition for them, as well as transferring weapons before a final decision is made in the manner established by the legislation of the Russian Federation; cancellation in accordance with the established procedure of the license and (or) permit specified in this Federal Law; the death of the owner of a civilian weapon or the death of a citizen who legally had a military or service weapon; liquidation of a legal entity that is the owner of a weapon;
The procedure for revoking a license is disclosed in Article 26 of the Law:
Thus, Article 26 of the Law establishes an exhaustive list of cases in the presence of which the corresponding license is revoked.A license to purchase weapons and a permit to store or store and carry weapons are canceled by the authorities that issued this license and (or) permit in the event of: 1) voluntary refusal of the said license and (or) permit, or the liquidation of a legal entity, or the death of the owner of the weapon ; 2) making a court decision to deprive a citizen of the corresponding special right, to cancel a license and (or) permit; 3) the occurrence of circumstances provided for by this Federal Law that preclude the possibility of obtaining a license and (or) permit; 4) cancellation of a hunting license in accordance with the legislation of the Russian Federation in the field of hunting and conservation of hunting resources (in relation to hunting weapons). In cases of violation by a citizen of the rules established by this Federal Law and the relevant regulatory legal acts of the Russian Federation for storing, carrying, destroying, manufacturing, selling, transferring, transporting, transporting or using weapons and ammunition for them, as well as sending a weapon by a citizen, the license issued to him to purchase weapons and (or) permission to store or store and carry weapons are temporarily confiscated by the internal affairs body until a final decision is made in the manner established by the legislation of the Russian Federation. If a court imposes an administrative penalty on a legal entity in the form of administrative suspension of activities for violating the rules in the field of circulation of weapons and ammunition, the license to purchase weapons and (or) permission to store weapons issued to this legal entity is confiscated by the body that issued such a license and (or) ) permission, for the period of imposition of punishment established by the court. A license to purchase weapons and (or) a permit to store weapons issued to a legal entity is canceled by a court decision on the basis of an application from the body that issued the said license and (or) permit, if the violations committed by it were not eliminated within the period established by the court for the administrative suspension of the activities of the legal entity rules in the field of circulation of weapons and ammunition, which entailed the imposition of punishment in the form of administrative suspension of the activities of this legal entity. In case of cancellation of a license to purchase weapons and (or) a permit to store weapons, a legal entity has the right to re-apply for them after three years from the date of cancellation of the license and (or) permit, a citizen - after one year from the date of expiration of the period for imposing an administrative penalty in the form of deprivation of the right to purchase weapons or the right to store or store and carry weapons, or from the date of elimination of the circumstances that preclude, in accordance with this Federal Law, the possibility of obtaining such a license and (or) permit. In case of voluntary refusal of a license and (or) permit, the time limits for re-applying for them are not established.
Considering that you violated the rules for the production, sale, storage or accounting of weapons and ammunition for them, the procedure for issuing a certificate of completion of training and testing knowledge of the rules for safe handling of weapons and the availability of skills for safe handling of weapons or medical reports on the absence of contraindications to possession weapons (Article 20.0 of the Code of Administrative Offenses of the Russian Federation, the revocation of the license was carried out lawfully and legally.
However, in any case, taking into account your specific circumstances of violation of these rules, I advise you to apply to the court with an appropriate application to declare the decision to revoke the license illegal and to cancel it. The application is submitted to the court at your place of residence, the state fee is 200.00 rubles.
Federal Law "On Weapons", N 150-FZ | Art. 26
Article 26. Cancellation and withdrawal of a license to purchase weapons and (or) permission to store or store and carry weapons
A license to purchase weapons and a permit to store or store and carry weapons are canceled by the authorities that issued this license and (or) permit in the following cases:
1) voluntary renunciation of the said license and (or) permit, or termination (absence) of the legal entity specified in paragraphs 2 - 7 of Article 10 of this Federal Law, the right to acquire (storage, use) weapons, or liquidation of the legal entity, or death of the gun owner;
2) making a court decision to deprive a citizen of the corresponding special right, to cancel a license and (or) permit;
3) the occurrence of circumstances provided for in paragraph two of part four of Article 9 and paragraphs 2 - 10 of part twenty of Article 13 of this Federal Law that preclude the possibility of obtaining a license and (or) permit;
4) cancellation of a hunting license in accordance with the legislation of the Russian Federation in the field of hunting and conservation of hunting resources (in relation to hunting weapons).
In cases of violation by a citizen of the rules established by this Federal Law and the relevant regulatory legal acts of the Russian Federation for storing, carrying, destroying, manufacturing, selling, transferring, transporting, transporting or using weapons and ammunition for them, as well as sending a weapon by a citizen, the license issued to him to purchase weapons and (or) permission to store or store and carry weapons are temporarily confiscated by the federal executive body authorized in the field of arms trafficking, or its territorial body until a final decision is made in the manner established by the legislation of the Russian Federation, or by internal affairs bodies with subsequent transfer to territorial body of the federal executive body authorized in the field of arms trafficking.
If a court imposes an administrative penalty on a legal entity in the form of administrative suspension of activities for violating the rules in the field of circulation of weapons and ammunition, the license to purchase weapons and (or) permission to store weapons issued to this legal entity is confiscated by the body that issued such a license and (or) ) permission, for the period of imposition of punishment established by the court.
A license to purchase weapons and (or) a permit to store weapons issued to a legal entity is canceled by a court decision on the basis of an application from the body that issued the said license and (or) permit, if the violations committed by it were not eliminated within the period established by the court for the administrative suspension of the activities of the legal entity rules in the field of circulation of weapons and ammunition, which entailed the imposition of punishment in the form of administrative suspension of the activities of this legal entity.
In case of cancellation of a license to purchase weapons and (or) a permit to store weapons, a legal entity has the right to re-apply for them after three years from the date of cancellation of the license and (or) permit, a citizen - after one year from the date of expiration of the period for imposing an administrative penalty in the form of deprivation of the right to purchase weapons or the right to store or store and carry weapons, or from the date of elimination of the circumstances that preclude, in accordance with this Federal Law, the possibility of obtaining such a license and (or) permit.
In case of voluntary refusal of a license and (or) permit, the time limits for re-applying for them are not established.
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Commentary to Art. 26 Weapons Law
1. The commented article provides grounds for voluntary and forced cancellation and confiscation of a license to purchase weapons and (or) permission to store or store and carry them.
The first basis established in clause 1, part 1, is not forced and is associated with three circumstances: the actual voluntary renunciation of a license and (or) permit; liquidation of a legal entity; death of the gun owner.
In case of voluntary refusal, the owner of the license writes a statement to the internal affairs body. The weapons are also confiscated and, as a rule, subject to destruction. The grounds and procedure for liquidation of a legal entity are regulated in detail in Art. 61 of the Civil Code of the Russian Federation (part 1). In accordance with Art. 3 of the Federal Law of November 15, 1997 N 143-FZ “On Acts of Civil Status”, the death of an individual is subject to registration with the registry office. State registration is carried out by the registry office through the preparation of an appropriate civil status record, on the basis of which a death certificate is issued. The grounds and procedure for state registration of death are described in detail in Chapter VIII of this Law. On the inheritance of weapons, see the commentary to Art. 20.
In accordance with Art. 3.8 of the Code of the Russian Federation on Administrative Offenses, deprivation of an individual who has committed an administrative offense of a special right previously granted to him is established for a gross or systematic violation of the procedure for using this right in cases provided for by the articles of the Special Part of the Code of the Russian Federation on Administrative Offenses. Deprivation of a special right is ordered by a judge. The period of deprivation of a special right cannot be less than one month and more than three years. In Chapter 20 of the Code of the Russian Federation on Administrative Offences, this type of administrative punishment is provided for in Part 4 of Art. 20.8 - for a period of six months to one year; Part 3 Art. 20.12 - for a period of one to two years; Art. 20.13 - from one to three years with confiscation of weapons and ammunition. A judge’s decision to deprive the right to acquire and store or store and carry weapons and ammunition for them is executed by officials of internal affairs bodies (Part 6 of Article 32.5 of the Code of Administrative Offenses of the Russian Federation). The judge's decision is executed by canceling the license and (or) permit for the weapon and confiscating it. Upon expiration of the period for deprivation of the special right, these documents are returned to their owner upon his request within one working day (Part 3.1, 4 Article 32.6 of the Code of Administrative Offenses of the Russian Federation).
Paragraph 3 of part 1 of the commented article establishes that licenses to purchase, as well as permits to store or store and carry weapons, are canceled by the authorities that issued these licenses or permits in the event of the occurrence of circumstances provided for by the commented Law that preclude the possibility of obtaining licenses or permits. In accordance with Part 7 of Art. 13 of the commented Law, citizens of the Russian Federation have the right to purchase hunting firearms with a rifled barrel, provided that they have not committed offenses related to violation of the rules of hunting, weapons production, weapons trade, sale, transfer, acquisition, collecting or exhibiting, accounting, storage, carrying , transportation, transportation and use of weapons. Thus, bringing a citizen to administrative responsibility for violating hunting rules (Part 1 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation) is grounds for revocation of a permit to store and carry a hunting firearm with a rifled barrel.
Cancellation of a hunting license is also grounds for cancellation and confiscation of a license and (or) weapons permit, but only in relation to hunting weapons.
The grounds for cancellation of a hunting license are listed in accordance with Art. 21 Federal Law of July 24, 2009 N 209-FZ. These include:
1) non-compliance of an individual with one of the following requirements:
Possession of civil capacity in accordance with civil law, the absence of an outstanding or unexpunged conviction for committing an intentional crime;
Familiarization with the hunting minimum requirements;
2) the hunter submits an application to cancel his hunting license;
3) a court decision (for example, deprivation of a special right in the form of the right to hunt for committing an administrative offense - Part 1 of Article 8.37 of the Code of the Russian Federation on Administrative Offenses).
The hunting license is canceled by the executive authority of the constituent entity of the Russian Federation.
2. In case of violation of the rules for the circulation of weapons, the license (permit) may be withdrawn according to the rules provided for in Art. 27.10 of the Code of the Russian Federation on Administrative Offences. We are talking about the use by authorized officials of internal affairs bodies of such a measure to ensure proceedings in cases of administrative offenses as the seizure of things and documents.
3. Administrative suspension of activities is assigned in accordance with Art. 3.12 of the Code of the Russian Federation on Administrative Offenses and consists in the temporary cessation of the activities of persons engaged in entrepreneurial activities without forming a legal entity, legal entities, their branches, representative offices, structural divisions, production sites, as well as the operation of units, facilities, buildings or structures, the implementation of certain types activities (works), provision of services for a period of up to ninety days. For example, an administrative suspension of activity is appointed by a judge for gross violations of the rules for the circulation of weapons under Parts 2, 5, 6 of Art. 20.8, art. 20.10 of the Code of the Russian Federation on Administrative Offences.
Judicial practice under Article 26 of the Weapons Law:
- Decision of the Supreme Court: Determination N 308-КГ16-1326, Judicial Collegium for Economic Disputes, cassation
Exercising state control (supervision) and municipal control" in this case are not applicable, guided by paragraph 22 of part 1 of article 13 of the Federal Law of 02/07/2011 No. 3-FZ "On Police", the provisions of part 4 of article 9, article 22, paragraph 3 of part 1 Article 26 of the Federal Law of December 13, 1996 No. 150-FZ “On Weapons”, the provisions of paragraph 55 of the Rules for the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation...
- Decision of the Supreme Court: Determination N 308-КГ16-961, Judicial Collegium for Economic Disputes, cassation
Clauses 24.2, 28 and 28.6 of the Administrative Regulations in the field of arms control, and also took into account the resolution of the Constitutional Court of the Russian Federation dated April 16, 2015 No. 8-P, which assessed the constitutionality of clause 3 of part 1 of Article 26 of the Weapons Law. The court, having analyzed the violations imputed to the security company, taking into account the systematic interpretation of the above-mentioned rules of law and the factual circumstances of a particular case, came to the conclusion...
- Decision of the Supreme Court: Determination N VAS-426/09, Collegium for Administrative Legal Relations, supervision
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