VIOLENCE AGAINST THE POPULATION IN THE AREA OF HOSTILITIES: CONTROVERSIAL ISSUES OF THE CONTENT OF THE CRIME

Abstract

The paper is devoted to the juridical analysis of the crime, provided by Art. 433 of the Criminal code of Ukraine, at the background of correspondence between its features and its legal name. The author shows and argues that such a norm looks now  unbalanced in juridical meaning because the phenomenon's form and matter embody mainly different acts from the criminal-legal point of view.

          In fact, the analysis of the norm and the socially dangerous phenomenon described in it begins with the definition of the meaning of the term «violence», which is used both in the title of the article and in the text of the disposition of its first part. For this, the author uses both domestic explanatory dictionaries and some juridical researchers' points of view, expressed by them on the pages of special literature. Based on the results of this work, the falsity of the currently existing tautology between the name of the crime and one of the forms of its objective side is substantiated. The author also shows that other forms of action, which are legislated in parts 1 and 2 of Art. 433 of the CC of Ukraine, do not actually reveal such an action, because they do not represent it to a greater extent or in view of their specificity. Trying to explain the difference between the actions described in the article, he also uses as an example the relevant provisions of a number of international documents (the Geneva Conventions of 1949, as well as the two Additional Protocols to them), where such actions are presented separately, and they do not certify each other, although they are considered as an implementation of relevant prohibitions.

          At the end of the work, the author offers his own solution to the problem. In this connection, he provides proposals, with the help of which, in his opinion, it is possible to improve the existing situation.