Vadim Kolokolnikov, a specialist in criminal law and attorney at Barristers Law Firm: "There are many myths about what is considered a cold weapon and what is not. What criteria are used to classify knives as cold weapons, and most importantly, is it permissible to use a knife in self-defense?"

Please provide a legal definition of “bladed weapons” with an explanation that is understandable to a general audience: the definition, the criteria, and which knives are not classified as bladed weapons?

In Ukraine, there is no legal definition of the term “bladed weapon.” No law regulating this issue has ever been enacted.

The only document that currently provides a definition and characteristics of “bladed weapons” is the departmental “Methodology for the Forensic Examination of Cold Weapons and Structurally Similar Items,” approved by a joint order of the Ministry of Justice of Ukraine and the Ministry of Internal Affairs of Ukraine dated January 15, 1999. (hereinafter referred to as the “Methodology”).

According to the Methodology (Section 1.1), cold weapons include objects and devices that are structurally designed and, by their nature, capable of repeatedly inflicting serious (life-threatening at the moment of infliction) and fatal bodily injuries (hereinafter “striking the target”), the action of which is based on the use of human muscle power.

Using this definition, virtually anything can be classified as a cold weapon—practically all knives, axes, hatchets, scythes, crossbows, and even some slingshots.

Therefore, the Methodology also defines general criteria by which a particular object can be classified as a cold weapon. In particular, for a knife to be classified as a cold weapon (Section 3.2), the following general requirements regarding the blade’s parameters are established: minimum length—at least 90 mm; minimum thickness—no less than 2.6 mm; as well as minimum hardness and blade angle.

If a knife fails to meet even one of these parameters, it is not classified as a cold weapon.

Therefore, knife manufacturers have the option to design their products in such a way that even a “Rambo-style” knife would not be classified as a cold weapon, for example, by meeting the minimum hardness requirement or by omitting the guard.

It is worth noting that the Methodology (Section 1.6) specifies that items intended for household, industrial, sporting, or other purposes—which resemble cold weapons in appearance and/or design— but do not possess the full set of essential characteristics inherent to cold weapons. In particular, items intended for sports, props, or souvenirs are not classified as cold weapons.

In any case, the requirements listed above are general, and therefore the final decision always rests with an expert.

Do the police or any other law enforcement agencies or bodies have the right to confiscate a knife if there is a suspicion that it may be a cold weapon? And must they return it if it is not?

If law enforcement authorities suspect that a knife constitutes a bladed weapon, they have the right to seize it and send it to an expert institution to obtain a corresponding conclusion.

Yes, Article 263 of the Criminal Code of Ukraine establishes criminal liability for carrying a bladed weapon. At the same time, possession of such a weapon carries only administrative liability (with or without confiscation of the weapon).

Therefore, if a knife is found in a hard-to-reach part of a backpack under a pile of belongings, in the trunk of a car, etc., the owner has the opportunity to prove that it was being stored, not carried.

In any case, as practice shows, the knife’s owner will have to defend their position directly in court after police officers have seized the knife from them.

The knife will be returned to the owner either after a negative expert opinion and the closure of the criminal case or administrative offense case, or after a court ruling.

What documents are useful to have on hand for bladed weapons? Some stores, for example, sell knives (as well as machetes, katanas, cleavers, and other sharp metal objects) with certificates stating: “Not classified as a bladed weapon; is an item of industrial or household significance.” Certificates are also often issued stating that a particular knife is part of a private collection and has historical significance.

If you receive a certificate upon purchasing a knife stating that it is classified as an item for household or industrial use, you should carry that certificate with you (As a rule, for the most “popular” knife models, photos of the certificates can easily be found online, printed out, and carried with you. Of course, such a printout does not provide a 100% guarantee of protection.

If a historical (collectible) bladed weapon exhibits the characteristics of a bladed weapon (see the Methodology), a permit is required for its possession.

Any certificates or opinions regarding “historical” or “collectible” status will not protect the owner of a bladed weapon from its confiscation or potential administrative or criminal prosecution.

Does such a certificate hold any weight in the eyes of the law, or is it just a worthless piece of paper?

Of course, a certificate stating that an item is not classified as a bladed weapon (specifically, an expert opinion from an authorized institution, not a receipt from a store!), issued at the time of purchase, confirms that the knife is not a bladed weapon.

It is a 99% guarantee that law enforcement will lose all interest in you.

Provide a legal definition of self-defense; is self-defense using a knife permissible:

– What kind of knife (or other object) can be carried on one’s person at all times for the purpose of self-defense?

– In what circumstances will the use of a knife or other weapon not be considered an excessive use of self-defense?

– What should you do if a fight has already taken place and a knife has already been used?

As ridiculous as it may sound, in Ukraine, you are not allowed to carry anything for the purpose of self-defense. Citizens may only own knives intended for household use or bladed weapons (neither of which qualifies as self-defense).

Moreover, all legally permitted firearms are intended exclusively for hunting.

So remember—if you’re carrying a knife (an axe, a saber, a Kalashnikov assault rifle, or a rifle of an “astronomical” caliber—the emphasis is mine), then under no circumstances are you carrying it for self-defense, but solely for cutting sausage, chopping wood, or sport hunting.

If an attack does occur, keep the following in mind—the “Stand Your Ground” principle does not apply in Ukraine.

This means that you (as a law-abiding citizen) do not have the right to kill a person even if that person poses a threat to your life or property, even if they have unlawfully entered your property.

Even if you inflict serious bodily injury on the attacker, there is a high likelihood that you will be convicted of exceeding the limits of necessary self-defense (Articles 118 and 124 of the Criminal Code of Ukraine). Let’s examine this issue in more detail.

The Constitution of Ukraine declaratively establishes that “everyone has the right to defend their life and health, as well as the lives and health of others, against unlawful encroachments.” Thus, the right to self-defense is recognized by the Constitution as one of the fundamental human rights.

The provisions of Article 36 of the Criminal Code of Ukraine specify the right to necessary defense—actions are recognized as necessary defense if they are committed with the aim of protecting the person being defended or another person from an attack by inflicting harm on the attacker that is necessary and sufficient in the given situation to immediately avert or stop the attack, provided that the limits of necessary self-defense were not exceeded.

Every person has the right to necessary defense regardless of the possibility of avoiding the attack or seeking assistance from other persons or authorities.

Exceeding the limits of necessary defense is defined as intentionally inflicting serious harm on the assailant that is clearly disproportionate to the danger posed by the attack or the circumstances of the defense. Exceeding the limits of necessary defense entails criminal liability only in cases specifically provided for in Articles 118 and 124 of this Code.

A person shall not be subject to criminal liability if, due to intense emotional distress caused by a socially dangerous attack, they were unable to assess whether the harm they inflicted was proportionate to the danger of the attack or the circumstances of the defense.

The use of a weapon or anyother means or objects to defend against an attack by an armed person or a group of persons, as well as to prevent an unlawful violent intrusion into a dwelling or other premises, regardless of the severity of the harm inflicted on the assailant.

These provisions are ideologically sound and correct from the standpoint of common sense.

However, in most cases, neither law enforcement nor judicial authorities are willing to exempt individuals from criminal liability in such situations.

And these remnants of the Soviet system interpret Article 36 of the Criminal Code of Ukraine as follows: if you can avoid an attack—avoid it; if you can escape—escape. Well, if you’ve failed to either avoid the attack or escape from the attacker—you may cautiously inflict bodily harm on the attacker.

With your hands, feet, an iron pipe… But preferably—not with a weapon. Because the right to use weapons (and, in fact, the right to defend you from attackers) must belong exclusively to law enforcement officers. And the Ministry of Internal Affairs of Ukraine clings to this monopoly and will continue to do so to the very end.

Any advice or comments for those who practice the art of knife fighting?

Actually, there can only be one piece of advice here—be attentive and cautious.

Study the anatomical structure of the human body and the location of vital points.

Take courses in first aid. Always be mindful of the potential consequences of your self-defense, including legal ones.

However, if there are no other options, act according to the old saying: “Better three to judge than six to carry.”

WARRIOR OF LIGHT