Development, production, accumulation, acquisition or sale of weapons of mass destruction
(as amended by Federal Law No. 84-FZ of June 19, 2001)The development, production, accumulation, acquisition or sale of chemical, biological, toxin, and also other types of weapons of mass destruction prohibited by the international treaty of the United States - is punishable by imprisonment for a term of five to ten years.
1. The main object of crime - public relations, providing security in the development, production, accumulation, acquisition or sale of weapons of mass destruction. These actions can create the danger of the existence of all mankind, all living things on Earth, and also create a threat to the existence of the planet itself.
The subject of crime is a weapon related to weapons of mass destruction. This is chemical, biological, toxin, nuclear weapons and other species prohibited by the US international treaty.
2. The concept of weapons of mass destruction was defined by the United Nations in 1948, it includes weapons that operate with an atomic explosion, using radioactive materials, deadly chemical and biological weapons, as well as any weapons that will be developed in the future, possessing the characteristics of atomic, chemical or biological weapons .
According to international documents, including the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, approved on December 16, 1971, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and its destruction on January 13, 1993, such weapons are prohibited from being used in war, developed, produced, stored, acquired in any other way and stored, and existing supplies must be destroyed.
3. Chemical weapons, according to Art. II of the Convention of 13 January 1993, means in aggregate or separately the following:
a) toxic chemicals and their precursors, except where they are intended for purposes not prohibited under this Convention, provided that the species and quantities correspond to such purposes;
(b) Ammunition and devices specially designed for fatal injury or other damage due to the toxic properties referred to in subparagraph (a) toxic chemicals released by the use of such munitions and devices;
c) any equipment specifically designed for use directly in connection with the use of ammunition and the devices referred to in sub-paragraph b.
4. Toxic Chemical means any chemical that, through its chemical effects on life processes, can cause death, a temporary incapacitating effect, or cause permanent harm to a person or animals. This includes all such chemicals, regardless of their origin or mode of production, and regardless of whether they are produced on sites, in ammunition or elsewhere. They are listed in the Lists contained in the Annex on Chemicals.
5. Precursor means any chemical reagent involved in any stage of the production of a toxic chemical in any way. This includes any key component of a binary or multicomponent chemical system. They are also listed in the indicated Lists.
6. Each state that is a party to the Convention has pledged never and under no circumstances: not to develop, produce, acquire, otherwise store or retain chemical weapons, or transfer it directly or indirectly to anyone else; do not use chemical weapons; do not conduct any military preparations for the use of chemical weapons; not to help; do not encourage or induce in any way anyone to conduct any activity prohibited to a State party to the Convention.
Each State Party to the Convention also undertakes to destroy any chemical weapons production facilities that are in its ownership or possession or that are located anywhere under its jurisdiction or control, destroy all chemical weapons left in the territory of another Member State, to destroy chemical weapons that are in its ownership or possession or that are located in any place under its jurisdiction or control in accordance with the provisions of the Convention, amb chemical riot control agents as a method of warfare.
In pursuance of these international agreements, the United States adopted Federal Law No. 76-FZ of 02.05.1997 "On the Destruction of Chemical Weapons" (in the edition of 21.11.2011).
7. Biological weapons are biological organisms, microorganisms, viruses, bacteria, fungi, another biological agent, any substance produced by a living organism or obtained by genetic engineering, or any derivative thereof, specially designed for military use, and the means of delivery thereof, with the purpose of causing death, disease or other inferior functioning of human or other living organism, contamination of the environment, food, water or other material th objects.
In accordance with the Convention of 16 December 1971, each State party to the Convention undertakes never, under any circumstances, to develop, produce, accumulate, acquire in any way and retain: microbiological or other biological agents, whatever their origin or method of production, of such species and in quantities that do not have a designation for preventive, protective or other peaceful purposes; weapons, equipment or means of delivery designed to use such agents for hostile purposes or in armed conflicts.
8. Biological agents, toxins or their means of delivery, developed and used for peaceful, preventive, medical, protective and other purposes, do not belong to biological weapons.
9. To toxin weapons are toxins of bacterial, plant or animal origin, capable of causing disease or death in animals or humans.
10. Another weapon is understood to be nuclear weapons, the action of which is based on the use of a nuclear explosion caused by the release of nuclear energy due to the splitting of the atomic nucleus. Its damaging factors are the shock wave, light radiation, penetrating radiation, radioactive contamination. Nuclear weapons include nuclear charges themselves, as well as means of their control, delivery vehicles into which such nuclear charges are placed, for example, atomic bombs, hydrogen bombs, missiles, torpedoes.
11. The test of nuclear weapons in the atmosphere, in outer space and under water is prohibited by the Treaty of August 5, 1963, and the Treaty on the Non-Proliferation of Nuclear Weapons was signed on July 1, 1968.
The treaty of 11 February 1971 prohibits the placement of nuclear weapons and other types of weapons of mass destruction on the seabed and ocean floor and in its interior.
On December 9, 1981, the UN General Assembly adopted Resolution 36/100 on the prevention of a nuclear catastrophe, according to which nuclear weapons and nuclear war must be outlawed, states or statesmen who first resort to the use of nuclear weapons, will commit a grave crime against humanity, they will never have either justification or forgiveness, with the laws of human morality and the lofty ideals of the United Nations, any doctrines that allow the use of the first poison are incompatible molecular weapons and any actions pushing the world to disaster.On December 21, 1991, the United States, the Republic of Belarus, Kazakhstan and Ukraine signed an agreement on joint measures with respect to nuclear weapons, reaffirmed the commitment to the first use of nuclear weapons.
12. In addition, other types of weapons of mass destruction include all other weapons, except chemical, biological, toxin and nuclear weapons, which possess the properties of weapons of mass destruction, for example, radiological, laser, infrasound, psychotropic, etc. To recognize such weapons as a crime, it is necessary that this type of weapons of mass destruction be banned by an international treaty of the United States.
13. The objective side is characterized by alternative actions: 1) development; 2) production; 3) accumulation; 4) acquisition; 5) the sale of these types of weapons of mass destruction, banned by the international treaty of the United States.
Development is understood as the preparation and conduct of organizational, research, design, design, testing and other works that are part of a set of measures aimed at creating a new type of weapons of mass destruction, improving old models, technologies for its production.
Production refers to the manufacture and creation of weapons of mass destruction, ready for use, either industrial or otherwise. This concept is narrower than the one specified in the Law on Arms, in which the production of weapons is understood as research, development, testing, fabrication, as well as artistic decoration and repair of weapons, the manufacture of ammunition, cartridges and their components. Since in the disposition of the commented article the development and production of weapons of mass destruction are independent alternative actions, then production is understood only as the manufacture and creation of weapons.
The accumulation of weapons of mass destruction is understood as the formation, increase, buildup of certain stocks, its quantity, accumulation.
The acquisition of weapons of mass destruction is understood as any way of obtaining it, for example, buying and selling, donating, finding, embezzlement, etc.
Sales means a paid or gratuitous alienation of weapons of mass destruction to another person, organization or state, for example, in return for a debt, sale, donation, exchange.
14. A crime is considered to be "finished" from the moment of at least one of the specified illegal actions connected with the circulation of weapons of mass destruction.
15. The subject of the crime is a sane individual who has reached the age of 16.
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