Qualification problems of war-related criminal offences documented on the de-occupied territories of Ukraine

The article is devoted to the characteristics of the main qualification problems of criminal offenses related to the war in the context of the de-occupation movement. Based on the analysis and synthesis of the experience of investigators from the National Police, the Security Service of Ukraine, as...

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Main Authors: Yu. V. Orlov, N. O. Pribytkova
Format: Article
Language:English
Published: Kharkiv National University of Internal Affairs 2022-09-01
Series:Law and Safety
Subjects:
Online Access:http://pb.univd.edu.ua/index.php/PB/article/view/623
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author Yu. V. Orlov
N. O. Pribytkova
author_facet Yu. V. Orlov
N. O. Pribytkova
author_sort Yu. V. Orlov
collection DOAJ
description The article is devoted to the characteristics of the main qualification problems of criminal offenses related to the war in the context of the de-occupation movement. Based on the analysis and synthesis of the experience of investigators from the National Police, the Security Service of Ukraine, as well as prosecutors on the de-occupied territories of Ukraine, four basic problematic subject areas with the corresponding typical situations of the law on criminal liability application have been identified: criminal legal qualification of artillery shelling, mining, causing death to a person, and other actions of physically detained representatives of the aggressor state. For each zone and situation, the main approaches to the qualification of documented criminal offenses and other events used in law enforcement practice have been identified. A critical analysis of these approaches has been carried out, shortcomings are identified, and ways to eliminate them are proposed.
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institution Kabale University
issn 1727-1584
2617-2933
language English
publishDate 2022-09-01
publisher Kharkiv National University of Internal Affairs
record_format Article
series Law and Safety
spelling doaj-art-133477188ba04365b10eb781220058a32025-02-02T15:56:47ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332022-09-01863485910.32631/pb.2022.3.04623Qualification problems of war-related criminal offences documented on the de-occupied territories of UkraineYu. V. Orlov0N. O. Pribytkova1Kharkiv National University of Internal AffairsKharkiv National University of Internal AffairsThe article is devoted to the characteristics of the main qualification problems of criminal offenses related to the war in the context of the de-occupation movement. Based on the analysis and synthesis of the experience of investigators from the National Police, the Security Service of Ukraine, as well as prosecutors on the de-occupied territories of Ukraine, four basic problematic subject areas with the corresponding typical situations of the law on criminal liability application have been identified: criminal legal qualification of artillery shelling, mining, causing death to a person, and other actions of physically detained representatives of the aggressor state. For each zone and situation, the main approaches to the qualification of documented criminal offenses and other events used in law enforcement practice have been identified. A critical analysis of these approaches has been carried out, shortcomings are identified, and ways to eliminate them are proposed.http://pb.univd.edu.ua/index.php/PB/article/view/623warde-occupationshellingminingcausing deathwar crimeterrorist attacksabotage.
spellingShingle Yu. V. Orlov
N. O. Pribytkova
Qualification problems of war-related criminal offences documented on the de-occupied territories of Ukraine
Law and Safety
war
de-occupation
shelling
mining
causing death
war crime
terrorist attack
sabotage.
title Qualification problems of war-related criminal offences documented on the de-occupied territories of Ukraine
title_full Qualification problems of war-related criminal offences documented on the de-occupied territories of Ukraine
title_fullStr Qualification problems of war-related criminal offences documented on the de-occupied territories of Ukraine
title_full_unstemmed Qualification problems of war-related criminal offences documented on the de-occupied territories of Ukraine
title_short Qualification problems of war-related criminal offences documented on the de-occupied territories of Ukraine
title_sort qualification problems of war related criminal offences documented on the de occupied territories of ukraine
topic war
de-occupation
shelling
mining
causing death
war crime
terrorist attack
sabotage.
url http://pb.univd.edu.ua/index.php/PB/article/view/623
work_keys_str_mv AT yuvorlov qualificationproblemsofwarrelatedcriminaloffencesdocumentedonthedeoccupiedterritoriesofukraine
AT nopribytkova qualificationproblemsofwarrelatedcriminaloffencesdocumentedonthedeoccupiedterritoriesofukraine