CERTAIN ISSUES OF THE PROBLEMS OF QUALIFICATION OF VIOLENCE AGAINST THE POPULATION IN THE AREA OF MILITARY OPERATIONS

Abstract

The article is devoted to the study of the criminal law aspects of violence against the civilian population in the area of hostilities, as provided for in Article 433 of the Criminal Code of Ukraine. In the context of the full-scale aggression of the Russian Federation against Ukraine, the issue of qualifying such crimes committed by servicemen against civilians becomes particularly relevant. The article reveals the objective and subjective elements of the crime, its correlation with other crimes against peace, human security, and international legal order, in particular with Article 438 of the Criminal Code of Ukraine. Special attention is paid to the analysis of international legal sources – the Geneva Conventions of 1949 and the Additional Protocols of 1977, which establish international legal standards for the protection of civilians. The importance of the Supreme Court of Ukraine’s decisions regarding the interpretation of Article 433, in particular in distinguishing between physical and psychological violence, as well as the problems of delimitation from crimes against property, is emphasized. The focus is placed on the difficulties of law enforcement caused by the broad and generalized wording of the article, which creates challenges for the qualification of acts. The article proposes directions for improving criminal legislation: detailing the wording of Article 433 of the Criminal Code of Ukraine, clearly defining the concept of “military necessity,” and introducing qualifying elements. It is concluded that the modernization of the provision will contribute to legal certainty, unification of law enforcement practice, protection of human rights in wartime, and effective prosecution of offenders. It is emphasized that further improvement of legislation should be aimed at concretizing the wording of Article 433 of the Criminal Code of Ukraine. The necessity of improving national criminal legislation in order to ensure effective protection of the civilian population, creating effective mechanisms for investigation and prosecution of perpetrators, is highlighted. The article suggests ways of harmonizing Ukrainian legislation with international standards, which will guarantee respect for human rights in armed conflicts and strengthen legal mechanisms for countering war crimes.