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THEORETICAL ASPECTS OF QUALIFICATION OF CRIMES WITH USE OF WEAPON
In the article the author presented analysis of theoretical aspects of qualification of crimes with use of weapon, offered her definition of a concept of weapon, marked out its essential signs and proved her position of rather legal assessment and a ratio of concepts of use and use of weapons. According to the author, weapon is the devices and objects which are structurally intended or specially adapted for defeat of live or other purpose limited in a turn. Generalizing the scientists' available positions on the term «use of weapons», the author allocated three options of actions: real use of weapons, i.e. its use for the intended purpose - for causing death or harm to health of the person; attempt of use of weapons - the actions directed to use of weapon for the intended purpose (stated above), but not resulted in desirable result; demonstration of weapon - the actions directed to compulsory impact on mentality of the person. Summarizing, the author came to a conclusion that the corresponding legal assessment of act has to proceed from public danger of actions of the guilty person with weapon for life and health of the victim. Demonstration of weapon, according to the author, cannot be as use of weapons, it should be as threat which is provided as constructive, i.e. obligatory sign of the basic, but not qualified structure of violent crime. The author suggested to understand deliberate use of its striking properties for impact on the live purpose i.e. when weapon did harm to life or health of the person as use of weapons or an attempt of such causing is made. The fact of threat of weapon has to be as the circumstance aggravating a criminal responsibility and punishment.
qualification; armed crime; weapon; firearms; armed criminality; use of weapon; use of weapons
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