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[translated from Russian]

Report on implementation in Ukraine of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons and theProgramme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

(situation as of January 2010)

I. Implementation in Ukraine of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons

1. Marking

The small arms and light weapons that are in Ukraine are marked in accordance with the requirements set in the inter-governmental regulations of the former Soviet Union, and the marking contains the following information:

(a) serial number of the weapon;

(b) year of manufacture;

The existing marking on weapons generally meets current requirements, except for the absence of a mark that would indicate that a particular small arm or light weapon belongs to Ukraine.

2. Record-keeping

Legislation in Ukraine provides for the introduction of record-keeping covering all small arms and light weapons, in the form of a count of the weapons and a check by registration number, in storage facilities and units of the Armed Forces of Ukraine, Ministry of Internal Affairs bodies and units of the domestic forces. Documentation is maintained on all distributions of weapons and ammunition, and their movements in stores.

By Presidential Order of Ukraine No. 609 of 3 June 2004 a departmental data base was established for electronic record-keeping of small arms, based on tracking numbers, which operates within the unified system of the State data base with computerized record-keeping of firearms, based on tracking numbers.

Measures are being taken at the Ministry of Defence of Ukraine to improve the security system for small arms and light weapons.

The system for record-keeping on small arms and light weapons in Ukraine is regulated by the following regulations:

- Decision No. 1443 of the Cabinet of Ministers of Ukraine of 22 December 1997 on confirmation of the systemgoverning the importation of firearms into Ukraine by representatives of security services, bodyguards of heads of State and members of official delegations from foreign States;

- Order No. 594 of the Ministry of Internal Affairs of Ukraineof 13 June 2006 on confirmation of thedirectives on the system for ensuring the security of weapons, ammunition and explosives belonging to enterprises, institutions and organizations, while they are in transit;

- Order No. 524 of the Ministry of Internal Affairs of Ukraine of 24 July 1996 on confirmation of the regulations for the system for distributing firearms on hire to people's deputies of Ukraine and various officials of the administration of the Supreme Council of Ukraine, on the appropriate record-keeping and their security;

- Order No. 523 of the Ministry of Internal Affairs of Ukraine of 24 July 1996 on confirmation of the regulations on the system for the acquisition, distribution, accounting, security and use of firearms, ammunition, special means for personal protection on the part of court workers, members of law-enforcement bodies and persons working in the criminal judicial system;

- Order No. 314 of the Ministry of Internal Affairs of Ukraine of 31 May 1993 on confirmation of the directives on the system for receiving, storing, record-keeping, destruction or disposal of confiscated, voluntarily surrendered or found weapons and ammunition.

3. Cooperation in tracing

Information on the national contact point:

Ministry of Foreign Affairs of Ukraine, Department of Weapons Control and Military-Technical Cooperation, Military-Technical Cooperation and Export Control Section (1Mikhailovskaya Square, Kyiv, 01018 Ukraine, Tel. 238-1722, Fax: 238-1722, e-mail: ).

II. On implementation in Ukraine of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects

Ukraine is complying with the international obligations it has assumed in connection with the Programme of Action through a review of issues relating to the problems caused by small arms and light weapons and has taken effective measures at the national, regional and global levels to prevent the illegal proliferation of such weapons.

A. National level

1. National coordination agency

Efforts to combat the illegal production, circulation and trade in small arms and light weapons are carried out jointly by the Ministry of Internal Affairs of Ukraine, the Ministry of Foreign Affairs of Ukraine, the Ministry of Defence of Ukraine, the Security Services of Ukraine, the General Prosecutor's Office of Ukraine, the State Export Control Service of Ukraine, the State Customs Service of Ukraine, and the Presidential Committee on Military-Technical Cooperation and Export Control Policy. Negotiations on all aspects of small arms and light weapons at the international level are coordinated by the Ministry of Foreign Affairs of Ukraine.

2. National point of contact

Inter-Governmental communications on matters relating to the implementation of the Programme of Action in Ukraine are handled by the following national contact point:

3. Legislation, regulations and administrative procedures

National laws, regulations and decrees

Activity / Law, regulation, decree / Adoption, entry into force, amendment
Export, import, transit, re-export / Act of Ukraine on State control over international transfers of military and dual-use goods. / No. 549 of 20 February 2003
Under Ukrainian legislation, State export control over international transfers of military goods (export, import, transit, re-export), including small arms and light weapons, is conducted in accordance with the Act of Ukraine on State control over international transfers of military and dual-use goods. The system for State control over military goods, including small arms and light weapons, was set by Decision No. 1807 of the Cabinet of Ministers of Ukraine of 20 November 2003.
Production / Act of Ukraineon the licensing of various types of economic activity.
Establishes the norms with regard to the production of firearms in Ukraine and provides the legal basis underlying the action of the corresponding legal texts. / No. 1775-III of 1 June 2000

Administrative procedures

Activity / Administrative procedure / In force since
Export, import, transit, re-export / “The system for State control over transfers of military goods”, confirmed by Decision No. 1807 of the Cabinet of Ministers of Ukraine of 20 November 2003, requires an entity involved in foreign trade to provide the documents needed to obtain a permit or a ruling from Goseksportkontrol, which include:
a cover letter;
an application in due form;
certified copies of the entity’s certificate of registration with Goseksportkontrol and of Goseksportkontrol’s explanations concerning the conditions under which the international transfer of the goods referred to in the application can be carried out;
originals of the commitments and guaranties submitted by the foreign entity, the end-user of the imported goods;
certificates of origin for the goods;
a properly certified copy of the foreign trade contract for the export of the goods referred to in the application;
a copy of the relevantruling by Goseksportkontrol permitting negotiations with regard to the conclusion of a foreign trade contract for the export of small arms and light weapons;
the ruling by the ministry or some other central body of the Executive Branch that covers the sector within which the applicant operates concerning the possibilities for an international transfer of goods (subject to the requirements of Goseksportkontrol);
as well as other documents specified in the Decision that are required by Goseksportkontrol for the issuance of a permit. / 20 November 2003
Production / Order No. 53/213 of Goskompredprinimatelstvo and the Ministry of Internal Affairs of Ukraine of 21 March 2001 on confirmation of the licensing conditions for economic activity involving the production and repair of and trade in non-military firearms and ammunition, cold steel weapons and pneumatic weapons exceeding 4.5 mm in calibre and with a projectile velocity exceeding 100 m./second, and the licensing conditions for economic activity involving the production of special devices loaded with tear gas or other irritating substances and means used in self-protection or active defence and the sale of such items; / 21 March 2001
Order No. 622 of the Ministry of Internal Affairs of Ukraine of 21 August 1998 on confirmation of the directives on the system for manufacturing, acquiring, storing, record-keeping, transfer and use of firearms and pneumatic and cold steel weapons, and domestically produced devices for firing cartridges loaded with rubber or similar non-lethal tips, and the cartridges themselves, as well as ammunition for weapons or explosive substances; / 21 August 1998

As laws, instructions and orders are adopted, they are publicized and published in the mass media and made available to the population of Ukraine. In particular, Acts of Ukraine, Decisions of the Cabinet of Ministers of Ukraine, Presidential Orders and other regulations are published on the website of the Supreme Council of Ukraine and on the websites and in publications of the bodies that adopted them.

4. Law enforcement and criminalization

Ukrainian legislation has criminalized, under articles 262 and 263 of the Criminal Code, the commission of acts involving the illegal trade in weapons, ammunition and explosive substances. The Ministry of Internal Affairs of Ukraine operates a system of permits and control over the acquisition, storage, carrying and transfer of weapons, ammunition and explosive substances and materials.

The Department of Criminal Investigation of the Ministry of Internal Affairs organizes the preventive and investigative activities performed by Ministry bodies aimed at preventing, detecting and suppressing crimes relating to the illegal trade in firearms, ammunition, explosive substances and radioactive materials.

National criminal offences relating to illicit small arms and light weapons

Activity / Law or other measure / Date (adoption, entry into force, amendment)
Production / Article 263, part 1, of the Criminal Code of Ukraine (Illegal trade in weapons, ammunition or explosives) / 1 September 2001
Under article 263, part1, the carriage, storage, acquisition, production, repair, transfer or sale of firearms (except for smooth-bore hunting weapons), ammunition, explosives or explosive devices without the permit stipulated in the law is punishable by imprisonment for from two to five years.
Possession / Article 262 of the Criminal Code of Ukraine (Theft, appropriation and extortion of firearms, ammunition, explosives or radioactive materials or obtaining them through fraud or abuse of power); article 263, part 1, of the Criminal Code of Ukraine (Illegal trade in weapons, ammunition or explosives); / 1 September 2001
Article 262, part1:Theft, appropriation or extortion of firearms (except for smooth-bore hunting weapons), ammunition, explosives, explosive devices or radioactive materials, or acquisition of the same through fraud are punishable by imprisonment lasting three to seven years.
Article 262, part 2: Those same actions committed repeatedly or as the result of some conspiracy on the part of a group of people, and also the seizure of items listed in the first part of this article through the abuse of power by an official shall be punished by from five to ten years of imprisonment.
Article 262, part 3: The activities described in the first and second parts of this article, if they are carried out by an organized group, and robbery committed in order to seize firearms (except for smooth-bore hunting weapons), ammunition, explosives or radioactive materials, as well as extortion of such items using force endangering life and limb are punishable by imprisonment lasting from ten to fifteen years with confiscation of property.
Trade / Article 263, part 1, of the Criminal Code of Ukraine (Illicit trade in weapons, ammunition or explosives) / 1 September 2001

National measures for the enforcement of United Nations Security Council arms embargoes

Activity / Legal measure / Date (adoption, entry into force, amendment)
Implementation of the Security Council embargo on the supply of arms / Presidential Decree No.861 on the system for introducing (or removing) restrictions on the export of goods in compliance with the international obligations of Ukraine / 15 July 1999
The Presidential Decree confirms the regime for Ukraine’s implementation of Security Council decisions on the imposition (removal) of an embargo on the export of goods

National measures for the enforcement of United Nations Security Council arms embargoes

Activity / Administrative measures / In place since
Enforcement of United Nations Security Council arms embargoes / Decision No. 125 of the Cabinet of Ministers of Ukraine of 4 February 1998 stipulated a special regime for obtaining permits to open negotiations and to export military goods, including small arms and light weapons, to countries in respect of which the United Nations Security Council has introduced a partial arms embargo.
Decision No. 1807 of the Cabinet of Ministers of Ukraine of 20 November 2003 prohibited the export of specific goods to countries in respect of which the Security Council has introduced a full embargo against their export. / 2003

5. Stockpile management and security

National standards and procedures for stockpile management and security

Under various Orders of the Ministry of Internal Affairs, in particular No. 428 of 31 May 1999 on the confirmation of the Directives on the system for conducting inventories of property that is in the possession of bodies of the Ministry of Internal Affairs and military units of the internal forces of the Ministry of Internal Affairs of Ukraine and is being held at the expense of the State Budget of Ukraine and Order No. 915 of 24 November 1999 on amending Order No. 428 of the Ministry of Internal Affairs of 31 May 1999, inventories are conducted annually reflecting the stocks of weapons and ammunition held by bodies and subunits of the Ministry as of 1 October, including confiscated, voluntarily surrendered and found weapons.

The regime for the maintenance, accounting, storage and protection of rocket artillery weapons, including small arms and light weapons, in the Armed Forces of Ukraine is regulated by the appropriate regulations and normative instruments, including:

- The service regulations of the internal service of the Armed Forces of Ukraine, which were confirmed by Act of Ukraine No. 548-XIV of 24 March 1999;

- The service regulations of the garrison and guard service of the Armed Forces of Ukraine, which were confirmed by Act of Ukraine No. 549-XIV of 24 March 1999;

- The regime for the use of military property of the Armed Forces of Ukraine, which was confirmed by Decision No. 705 of the Cabinet of Ministers of Ukraine of 15 May 2003;

- Regulations for the system of accounting for and storage, write off and use of military property in the Armed Forces of Ukraine, which were confirmed by Decision No. 1225 of the Cabinet of Ministers of Ukraine of 4 August 2000;

- Directives on the organization of record-keeping, storage and distribution of small arms and ammunition in the Armed Forces of Ukraine, which were confirmed by Order No. 359 of the Ministry of Defence of Ukraine of 29 June 2005, which set the system for the organization of record-keeping, storage and distribution of small arms and ammunition in the Armed Forces of Ukraine and the provisions of which have been disseminated to military leadership bodies at every level, units and formations, including vessels, military training facilities and the facilities and organizations of the Ministry of Defence of Ukraine;

- Regulations on management of military units, including vessels, in the Armed Forces of Ukraine, which were confirmed by Order No. 300 of the Ministry of Defence of Ukraine of 16 July 1997;

- The Manual on the storage of rocket artillery weapons and property in arsenals and stores and on bases, which was confirmed by the Deputy Minister of Defence of Ukraine for Weapons and Chief of Weapons of the Armed Forces of Ukraine in 1995, which spelled out the requirements for the storage of rocket artillery weapons, their technical servicing, record-keeping, paperwork, reception and shipment of such weapons, and for the maintenance of storage facilities, arsenal premises, central bases and stores at operational headquarters, as well as the functional duties of officials responsible for preservation, maintenance in good condition and observance of the rules for storing weapons.

Inventories of the small arms and ammunition in arsenals, bases and stocks of the Armed Forces of Ukraine are conducted at least once a year involving an item by item check of at least 20 per cent of the weapons.

6. Collection and disposal

Disposal of surplus small arms in the Armed Forces of Ukraine takes place within the framework of the Implementation Agreement between the Cabinet of Ministers of Ukraine and the NATO Maintenance and Supply Organization (NAMSO) on the destruction of man-portable air defence systems, light weapons and ordinary ammunition, which was confirmed by Decision No. 1103 of the Cabinet of Ministers of Ukraine of 17 November 2005.

The situation as of January 2010 is as follows:

- contract No. LU-UM/4500161657 was concluded on 30 October 2006 between the Ministry of Defence of Ukraine and the NATO Maintenance and Supply Agency (NAMSA), which calls for the disposal of 400,000 small arms and light weapons, and subsequently contract no. 251/6/6-OVT of 29 December 2006 was signed between the Ministry of Defence of Ukraine and Ukroboronlizing, a State enterprise of the Ministry of Defence of Ukraine, for execution of the disposal;

- disposal has been completed for 148,408 units of category 5 small arms, which amounts to 37.1 per cent of the overall quantity of the small arms and light weapons covered by this contract for disposal;

- there remain 251,592 units of small arms, of which 37,258 are of category 5 and 214,334 are of category 4.

The Ministry of Defence of Ukraine is preparing to begin procedures to buy from one of the disposal agencies, at State expense, 38,921 small arms, including 37,258 of type 5.

The Ministry of Defence of Ukraine has prepared a project for the Cabinet of Ministers of Ukraine to complete the disposal of small arms and light weapons with 214,334 additional units of small arms; the project is going through the approval process in the central bodies of the Executive Branch of Ukraine in accordance with established procedures.

The disposal of small arms under the Implementation Agreement is carried out by smelting in a crucible (induction) furnace.

7. Export control

(i) The system in Ukraine for granting permits for international transfers of military goods, including small arms and light weapons, and dual-use goods is regulated at the legislative level by the Act of Ukraine on State control over international transfers of military goods and dual-use goods, as well as by regulations issued by the Cabinet of Ministers of Ukraine, orders issued by the State Service for Export Control of Ukraine (Goseksportkontrol), a specially authorized body of the Executive Branch for export control, and other regulations in the area of export control.