scholarly journals Peculiarities of Realization of the International Mechanism for the Protection of the Rights of Victims of Armed Conflict in the East of Ukraine

2021 ◽  
Vol 39 (71) ◽  
pp. 334-349
Author(s):  
Alexander G. Kolb ◽  
Malvina Hrushko ◽  
Hanna Teteriatnyk ◽  
Olha Chepik-Trehubenko ◽  
Olha Kotliar
Keyword(s):  
Law Enforcement ◽  
Armed Conflict ◽  
Military Conflict ◽  
Territorial Conflicts ◽  
Military Conflicts ◽  
Legal Effect ◽  
Legitimate Interests ◽  
Legal Mechanism ◽  
The Military ◽  
Enforcement Activity

The article analyzes the content of international legal acts related to the protection of the rights of victims of military conflicts. At the same time, its results identify the characteristics of its implementation in Ukraine. It has been established that some of these legal sources have not been ratified by Ukraine or otherwise Ukraine has not given them a binding legal effect. Using a documentary-based methodology close to legal and political hermeneutics, this article develops scientifically sound and relevant proposals aimed at improving the legal mechanism to protect the legitimate interests and rights of the victims of the military conflict in Eastern Ukraine. It is concluded that the current legal problems not only negatively affect the state of law enforcement activity in Ukraine, which is directly related to the content of this process, but also does not allow adequate influence on the determinants that give rise to, and cause military and territorial conflicts in Ukraine, a situation that can be extrapolated to other societies near or far.

Prospects for Cooperation Between Russia and Syria in Various Scenarios of Military Conflict Development

2021 ◽  
pp. 50-55
Author(s):  
Alheder Haled
Keyword(s):  
Growth Rate ◽  
Inverse Correlation ◽  
Foreign Economic Policy ◽  
Military Conflict ◽  
Political Situation ◽  
Gdp Growth Rate ◽  
Initial Stage ◽  
Military Conflicts ◽  
The Military ◽  
The Relationship

The paper is devoted to determining the prospects for cooperation between Russia and the Syrian Arab Republic in various scenarios of military conflicts. In order to identify the relationship between the success of the country's foreign economic policy and the military conflicts waged on its territory, a study was conducted of such indicators of Syria as: the growth rate of the peace index and the GDP growth rate. A strong inverse correlation is revealed, which means that the level of political situation and peace in the state determines the efficiency of the economy. In view of this, various scenarios of the development of the military conflict in Syria have been studied: at the initial stage, at the stage of active hostilities, at the present stage of overcoming the crisis. The last stage involves four different scenarios for the development of a military conflict, including a local nature and a protracted nature with the involvement of other countries of the world. Options for developing cooperation between Russia and Syria have been identified for each scenario. Taking into account the assessment of the international political situation, the two most likely scenarios for further military events in Syria are identified, and the prospects for cooperation between Russia and Syria in these conditions are outlined.

scholarly journals Features of detection and obtaining evidence of war crimes committed in the context of international armed conflict

2021 ◽  
Vol 39 (69) ◽  
pp. 74-90
Author(s):  
Ihor Tataryn ◽  
Yuliia Komissarchuk ◽  
Yurii Dmytryk ◽  
Mariia Maistrenko ◽  
Olha Rymarchuk
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
International Humanitarian Law ◽  
Scientific Article ◽  
Humanitarian Law ◽  
Comprehensive Understanding ◽  
Military Conflict ◽  
Support Organization ◽  
International Obligations ◽  
The Military

The scientific article is devoted to a comprehensive understanding of international legal, procedural, and organizational problems of investigation of war crimes committed during the military conflict in the south and east of Ukraine. It develops the author's concept of investigation of war crimes committed during the armed conflict, scientifically substantiated theoretical provisions and specific patterns that are manifested in the field of legal support, organization of investigation, collection of evidence, methods of investigation of crimes of this type. It is concluded that there is a need to specify the components of war crimes in national legislation. Recommendations for further improvement of criminal and criminal procedure legislation of Ukraine in order to fulfill the state's international obligations in the field of international humanitarian law are given.

scholarly journals Responses of a Pre-hospital Emergency Medical Service During Military Conflict Versus COVID-19: A Retrospective Comparative Cohort Study

2021 ◽  
Author(s):  
Eli Jaffe ◽  
Roman Sonkin ◽  
Evan Avraham Alpert ◽  
Erik Zerath
Keyword(s):  
Motor Vehicle ◽  
Motor Vehicle Collisions ◽  
Vehicle Collisions ◽  
Military Conflict ◽  
Post Conflict ◽  
Military Conflicts ◽  
Comparative Cohort Study ◽  
The Mean ◽  
The Military ◽  
Conflict Period

ABSTRACT Background Decreases in routine healthcare practices have been shown to occur during disasters. However, research regarding the impacts of natural disasters, pandemics, or military conflicts on emergency medical services (EMS) is scarce. Objectives This study assessed the impact of a military conflict versus the coronavirus disease 2019 (COVID-19) pandemic on a national EMS organization in terms of responses to overall daily emergencies, medical illnesses, motor vehicle collisions, and other injuries. Methods This retrospective comparative cohort study assessed daily routine emergency ambulance calls to Magen David Adom (MDA), Israel’s national EMS organization. This included overall emergency calls as well as those related to medical illnesses, motor vehicle collisions (MVCs), and other injuries. All data were obtained from the MDA command and control database. During the military conflict Operation Protective Edge (2014), the civilian population was subjected to intensive rocket attacks for 24 days, followed by 26 days of a progressive withdrawal of operations and then to a post-conflict period. During the first wave of the COVID-19 pandemic (March-April 2020), the population was subjected to 32 days of total lockdown, followed by 27 days of progressive relief of confinement, and then to a post-lockdown period. Results The total number of emergency calls in this study was 330,430. During the conflict, the mean number of daily calls decreased, followed by an increase during Relief and Post-Conflict with higher values in Post-Conflict than in Pre-Conflict. During the COVID-19 pandemic, there was a decrease in the mean daily number of calls during Lockdown. It remained low during Relief and increased during Post-Lockdown. However, it remained lower in Post-Lockdown than during Pre-Lockdown. Calls related to medical illnesses decreased during the conflict and during the lockdown. The post-conflict period was characterized by a similar baseline call magnitude but not during the post-lockdown period. Decreases in calls for MVC and other injuries were significant during the lockdown but not during the military conflict. Post-lockdown was accompanied by return to baseline call volumes for MVC, whereas calls for other injuries increased above baseline both after the lockdown and military conflict. Conclusion This study shows decreasing trends in routine daily calls for EMS during both Operation Protective Edge and COVID-19. However, different patterns of needs for EMS were evidenced for medical illnesses, MVC, or calls concerning other injuries. These results are instrumental for managing the operational demands of EMS during military conflicts and pandemics.

Problems of Implementation of the Constitutional Complaint in Ukraine and Ways to Resolve them

2020 ◽  
Vol 11 (2) ◽  
pp. 586
Author(s):  
Oksana SHCHERBANYUK
Keyword(s):  
Law Enforcement ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The European Union ◽  
Main Method ◽  
European Experience ◽  
Legal Effect ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
European Standards

The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. In terms of integration of Ukraine to the European Union there is a harmonization of the Ukrainian legislation to the European standards, so the analysis of foreign experience of functioning of institute of constitutional complaint is necessary to solve the problems in this area. Therefore, the main method in methodology of research of problems of implementation of constitutional complaints is comparative legal. As from 2016, Ukraine has introduced a normative model of individual constitutional complaint, which allowed physical persons and legal entities of private law to apply to the Constitutional Court of Ukraine for protection of violated constitutional rights, freedoms and legitimate interests. The article analyzes the jurisprudence of the Constitutional Court of Ukraine clarifies the admissibility criteria of the constitutional complaint in Ukraine, the procedural filters and proposed solutions of problems to improve the protection of rights and lawful interests of persons. It is concluded that the mechanism of the submission and consideration of the constitutional complaint, the algorithm of selection (filtering) of the constitutional complaints needs significant improvement with consideration for the European experience. In our opinion, the legal effect of the constitutional-legal institution will be made only in connection with the introduction of a complete, not normative constitutional complaint, which will significantly increase the responsibility of subjects of law-making, law enforcement, protection of human rights and ensure the authority of the Constitution of Ukraine.

scholarly journals Escalation of Military Conflict Between India and Pakistan in The Post Lahore Declaration (1999 – 2019): Security Dilemma Perspective

2019 ◽  
Vol 21 (2) ◽  
pp. 219
Author(s):  
Impiani Impiani
Keyword(s):  
Political Economy ◽  
Domestic Politics ◽  
Analytical Framework ◽  
Main Argument ◽  
Security Dilemma ◽  
Military Conflict ◽  
Conflict Escalation ◽  
Military Conflicts ◽  
The Military

This paper describes the military conflict escalation between India and Pakistan in the period after 1999 Lahore Declaration. After several major wars, military conflicts between the two countries continued to this day. Previous studies on the India-Pakistan conflict only discussed the causes of this conflict and efforts to resolve conflicts. The studies are divided into three major perspectives, namely; security, domestic politics, and political economy, but none has explained how this military conflict is relatively lasting. Using security dilemma as an analytical framework, this paper will explain the variables of the security dilemma that have contributed to the escalating tensions between India and Pakistan. The security dilemma creates a circumstance where offensive action preferable by both states rather than defensive efforts. The main argument of this paper s that India and Pakistan see each other's behavior -such as the development of military defense capability, nuclear weaponry development, and alliance trends- as threats so that they are always remains in the security dilemma situation.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals DETERMINATION OF THE LEADING TYPE OF IMPROVEMENTS OF SERVICEMANTS IN MODERN MILITARY CONFLICTS

2021 ◽  
pp. 128-133
Author(s):  
I. P. Khomenko ◽  
K. V. Gumeniuk ◽  
S. O. Korol ◽  
E. V. Tsema ◽  
R. М. Mikhaylusov ◽  
...  
Keyword(s):  
Scientific Information ◽  
Combat Trauma ◽  
Loss Ratio ◽  
Civilian Population ◽  
Military Conflict ◽  
Number Of Components ◽  
Military Conflicts ◽  
The Military ◽  
Further Development

Summary. The results of studying the main damaging factors of servicemen, it is necessary to consider a large number of components of a military conflict. The problem is that in some conflicts there is little data on the loss ratio. Ancient wars were not as familiar as modern ones. Data on ancient wars are sometimes exaggerated, or vice versa, in order to prevent a catastrophe in the military and political sense, they are underestimated. The study of the structure of combat trauma remains a very topical topic. In light of the development of medical and military science, it becomes possible to consider the problem as a multimodal scheme. The aim of a view of the battle in the field of service every hour of the holding of a conflict. Materials and methods for further development. In the peaceful hour of the middle of the civilian population, there are a lot of wounds in the fire, so they have to go for the crime of criminalization of the suspension, as well as in the case of non-merciless vapours on the edge, with the unprotected, unbearable weather in the winter. The results of that discussion. The analysis of scientific information during the ATO / OUF showed that in the structure of sanitary losses of a surgical profile, injuries from ear problems to become 56.7 % — 62.6 %. to the most obvious, isolated character. Conclusions. Clinical-epidemiological and clinical-anatomical pre-diagnoses reported that injuries due to splinter ears of children become 80.4 %, with cultivars — 13.1 %, with minor-explosive — 2.2 % and with explosive injuries.

scholarly journals MODERN PROBLEMS RELATED TO THE OBSERVANCE OF HUMAN RIGHTS IN THE MILITARY CONFLICT ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 34 (2) ◽  
pp. 93-99
Author(s):  
V.V. Goncharov ◽  
◽  
N.N. Berzeova ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
International Justice ◽  
The South ◽  
Military Conflict ◽  
The Law ◽  
The Military

The article deals with the problems of human rights in the context of armed conflict and the actions of the anti-terrorist operation in the South-East of Ukraine. The analyzes the fundamental documents of international law and the law of Ukraine in the field of basic human rights and freedoms and identifies violations of regulations in the field of ensuring the security of citizens, the use of the army and prohibited weapons against civilians and civilian infrastructure. Based on the research carried out in the article, the author identifies and justifies the following ways to resolve the conflict: the introduction of troops of peacekeepers in the zone of military conflict; resolving issues of actual compensation for victims and relatives of victims; the implementation of international justice against those responsible for unleashing the conflict and war crimes against citizens.

scholarly journals Classification and assessment of losses from the armed conflict in Donbas and annexation of Crimea

2020 ◽  
Vol 184 (7-8) ◽  
pp. 107-123
Author(s):  
Serhii Ivanov ◽  
◽  
Svitlana Yudina ◽  
Olena Lysa ◽  
Andrii Drahun ◽  
...  
Keyword(s):  
Armed Conflict ◽  
Qualitative Assessment ◽  
Loss Assessment ◽  
Crimean Peninsula ◽  
Military Conflict ◽  
Direct Damage ◽  
Expert Opinions ◽  
Quantitative Form ◽  
The Military ◽  
The Crimean Peninsula

The authors classify and investigate the losses caused by the military conflict in the east of Ukraine and the annexation of Crimea, as well as the approaches to their assessment. The authors studied the results of scientific research, current legislation, and information-analytical materials and came to the conclusion that there are no common standards (approaches) or detailed approaches to loss assessment for different entities (state, individual enterprises, and citizens), and the mechanism of compensation for losses is undeveloped as well. This can cause many problems both for experts in substantiating the volume of damages and for courts in considering relevant cases for losses. The authors considered the damage caused to Ukraine by the military conflict with Russia, which resulted in the annexation of the Crimean peninsula and the occupation of Luhansk and Donetsk regions, and interpreted this damage as assessed consequences of these events and classified them by place and time of manifestation on direct, indirect, complete and general, and by spheres of manifestation of consequences on medico-biological, military-political, socio-economic, external and internal political and ecological ones. To characterize each of these types of damage, the authors have identified certain components that can have quantitative and qualitative forms of expression. Taken into account that the qualitative assessment of the consequences of armed conflict is subjective to some extent and depends on the coverage of expert opinions, the authors focused on those components that can be quantified (in monetary terms). To assess them, in the article there were formed certain groups of indicators that have a quantitative form of expression. At the same time, first of all, the authors take into account indicators that make it possible to assess the direct damage from the armed conflict. The authors, based on the analysis and generalization of the values of these indicators in the dynamics, determine the estimated amount of direct damage caused to Ukraine during the conflict (2014-2019), and give a forecast of its growth if this conflict continues. Also, we propose the option of calculating the lost benefit from the impossibility of using a part of the country’s territory (currently uncontrolled) based on its potential.

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