Registration Number
0225U002652,
(0124U001286)
, R & D reports
Title
Violation of the laws and customs of war: a criminal-legal analysis of sentences
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Порушення законів і звичаїв війни: кримінально-правовий аналіз вироків
Head
Vozniuk Andrii A., Доктор юридичних наук
Karchevskyi Mykola V., д.ю.н.
Orlov Yurii V., Доктор юридичних наук
Registration Date
26-03-2025
Organization
National Academy of Internal Affairs
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Summarization, systematization and analysis of information on the application of the provisions of the legislation in sentences under Article 438 «Violation of the Laws and Customs of War» of the Criminal Code of Ukraine.
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The purpose of the scientific research is to analyze and generalize judicial practice in Ukraine, which concerns the consideration of violations of the laws and customs of war, to establish its compliance with international standards, to identify inaccuracies, contradictions and gaps that courts allow in the administration of justice, and to provide on this basis proposals for possible ways (directions) to eliminate them. The object of the scientific research is social relations that arise during the trial of war crimes. The subject of the scientific research is violations of the laws and customs of war: criminal-legal analysis of court verdicts.
The main tasks of the scientific research are determined taking into account the specifics of the purpose and subject of the research: criminal proceedings and court decisions (resolutions, orders, verdicts) on war crimes for 2022-2024 are considered; the legal qualification of the act and the imposition of punishment for violations of the laws and customs of war are investigated in terms of highlighting the subjective and objective features of the crime; the violated norms of international humanitarian law are described; The peculiarities of the implementation of the general principles of criminal proceedings during the procedure for the trial of violations of the laws and customs of war are analyzed; an assessment of the degree of development of the problems of imposing punishment for violations of the laws and customs of war is provided, in particular, the range of problematic issues that arose before the courts during the adoption of the verdict is outlined, and issues that were not given due attention in the verdicts are highlighted.
Product Description
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Botnarenko Iryna A.
Zhuk Ilona V.
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2025-03-26
