Problems of criminal proceedings for certain mercenary criminal offenses during military aggression

Abstract

This article states that there is a general problem of insufficient qualification of investigators and functional inability of pre-trial investigation bodies against the background of Russian military aggression and unpredictability of the situation in the occupied territories.

It is noted that by their nature, war crimes are one of the most serious and serious crimes known to mankind. In accordance with the norms of international law, the state in the territory of which war crimes are committed is the most active in conducting investigations and bringing perpetrators to justice. It is pointed out that Ukraine cannot always adequately respond to hostilities in the temporarily occupied and adjacent territories and carry out criminal proceedings. It is noted that in the Criminal Code, in addition to Art. 438, there are no detailed rules that cover the illegality of certain actions in a military conflict. Also, there is no explanation of what military criminal offenses are, which of them are misdemeanors, which are crimes.

Emphasis is placed on the fact that impunity has been and remains one of the main shortcomings in the functioning of Ukraine's legal system, such as transparency, independence, diligence and other criteria for effective criminal proceedings for violations of fundamental human rights. This is recognized in a number of decisions of the European Court of Human Rights, which has been repeatedly pointed out by international organizations.

It is noted that with the beginning of the Russian military aggression against Ukraine, the problem of punishment has become even more acute. The volume of offenses committed during the occupation of certain territories of Ukraine is unprecedented for Ukraine.

It is noted that international law establishes not only personal but also collective responsibility for war crimes. It is pointed out that the problem of sentencing in accordance with criminal law can be solved by unifying the national criminal law with the criminal law of the EU.

In addition, it is noted that in accordance with Art. 3 of the Law of Ukraine "On Defense of Ukraine", preparation of the state for defense in peacetime includes providing the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, weapons, military and other equipment, food, property, other material and financial resources.