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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Format: | Article |
Language: | English |
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Kharkiv National University of Internal Affairs
2022-09-01
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Series: | Law and Safety |
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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. |
format | Article |
id | doaj-art-133477188ba04365b10eb781220058a3 |
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 |