To the question about the criminal legal definition of an explosive device

Authors

  • O.Kh. Smailov
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Abstract

The article is devoted to the study of the definition of an explosive device in the criminal legislation of the Republic of Kazakhstan. The author, based on the norms of the current domestic legislation, denotes the problem of the lack of a uniform approach to the definition of an explosive device. As an example, the norms of various regulatory legal acts, definitions proposed in educational and scientific literature are given. The main reasons for the existence of differing definitions are, in the opinion of the researcher, the species diversity and the difference in the technical characteristics of explosive devices. At the same time, a clear understanding of the term “explosive device” is necessary for the preparation of evidence-based recommendations on the prevention and detection of criminal offenses committed with the use of explosive devices. The commission of criminal offenses with the use of explosive devices
is one of the factors indicating an increased criminalization of society. The development of a set of
measures to counter criminal offenses committed with the use of explosive devices is currently one of
the promising areas of scientific research, which is predetermined by the increased activity in the world
of various terrorist and extremist organizations that actively use explosive devices and explosives in
criminal trafficking. According to the author, the effectiveness of the fight against criminal offenses committed
with the use of explosive devices directly depends on the quality of legal regulation of the main
issues in this field of activity, including a clear definition of an explosive device. With this in mind, the
article substantiates and proposes the author’s definition of an explosive device, revealing its criminal
law characteristic.
Key words: weapons, ammunition, explosives, explosive devices, criminal law definition.

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Published

2019-03-12