Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.01
S. M. Bortnyk, I. O. Sievidova
{"title":"Ensuring organisational and legal conditions for financing the social sector of Ukraine","authors":"S. M. Bortnyk, I. O. Sievidova","doi":"10.32631/pb.2023.3.01","DOIUrl":"https://doi.org/10.32631/pb.2023.3.01","url":null,"abstract":"The legal aspects of regulation of budgetary financing of social services have been analysed, and the main directions of improving the efficiency of the system of budgetary financing of social protection and social security of the population of Ukraine in modern conditions have been identified. Based on the analysis of scientific views, theoretical approaches to building a budget system in the context of social protection have been considered. The shortcomings of legal regulation of mechanisms for financing the provision of social protection services have been identified, and the main factors for improving the efficiency of budget financing and the inclusiveness of social protection have been described.
 The main task of the State in the context of social protection of the population is to fully and timely fill the relevant budgets and to finance social protection measures within the limits established by the budget. It has been noted that today the State system of budgetary funds management for financing social benefits remains one of the main components of the general and comprehensive social protection system of Ukraine. However, the practice of organising the budget process in Ukraine in the current socio-political conditions is characterised by an imbalance in the state and regional programmes of economic and social development. The main factors of disruptions in the functioning of the system of financing the social protection sector in Ukraine have been considered. There is a gradual reduction in the share of expenditures on social protection and social security from 30 % to 15 % of the consolidated budget in 2016–2022, while social spending is actually growing in monetary terms. It has been determined that although the Budget Code of Ukraine regulates the financial independence of local budgets by assigning to them the relevant sources of budget revenues, the actual level of revenue formation does not allow them to properly fulfil their own powers in the field of social protection of the population.
 It has been noted that in the context of decentralisation, amendments to the budget legislation should take into account the provision of real rights to pursue an independent socio-economic policy at the local level and at the same time ensure the effective exercise of their own and delegated powers. Provision of local and regional authorities with revenues sufficient to finance their powers should be done through decentralisation of budgetary funds, which will help to achieve a balance of regional and local budgets.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135472052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.04
S. A. Petrovska, M. V. Petrovskyi
{"title":"Analysis of the Ukrainian legislation on labour protection adaptation to the European Union acts","authors":"S. A. Petrovska, M. V. Petrovskyi","doi":"10.32631/pb.2023.3.04","DOIUrl":"https://doi.org/10.32631/pb.2023.3.04","url":null,"abstract":"The decision of the European Council dated 23 June 2022 to grant Ukraine the status of an EU candidate became a significant incentive for reforms in the country. Reforming labour protection legislation is one of the most urgent tasks for the successful completion of Ukraine’s European integration and for the development of the country’s economy.
 The purpose of the article is to study the state of adaptation of Ukrainian legislation in the field of labour protection, in particular, occupational safety and health as well as employees’ health protection, to the legislation of the European Union. To achieve this goal, the general scientific and special scientific methods were used, in particular, dialectical, formal and logical, and comparative legal methods.
 The state of implementation of the provisions of the main European directives relating to occupational health and safety in the workplace into Ukrainian legislation is analysed. It has been established that by the beginning of 2023, the provisions of the analysed directives have been implemented only partially, since a significant part of the provisions has not been implemented into Ukrainian labour protection legislation.
 On the basis of the study, there have been identified factors that negatively affect the implementation process. Recommendations for improving the efficiency and effectiveness of the implementation of EU acts into Ukrainian legislation have been proposed. The adoption of the necessary regulatory legal acts in the field of labour protection to harmonise Ukrainian legislation with the European one has been substantiated.
 The process of Ukrainian legislation adaptation to EU norms requires coordinated cooperation between all branches of government for effective work and successful implementation of their rule-making and law enforcement powers in practice. The main focus of the ongoing process of Ukraine's legislative approximation with the EU should not be on the implementation of individual directives, but on the transfer of the overall architecture of EU legislation on health and safety, starting with the alignment with Framework Directive № 89/391/ЄЕС. In order to create a national state legal system that complies with EU norms, it is necessary to simultaneously adapt existing laws and adopt new legislative acts that comply with the European legal framework.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.18
S. O. Serbenyuk, L. S. Nadopta
{"title":"Organisational, legal and financial bases for scientific activity in higher education institutions of the Ministry of Internal Affairs of Ukraine: problems and solutions based on mathematical and statistical methodology","authors":"S. O. Serbenyuk, L. S. Nadopta","doi":"10.32631/pb.2023.3.18","DOIUrl":"https://doi.org/10.32631/pb.2023.3.18","url":null,"abstract":"The work is devoted to the problem of improving the current legislation of Ukraine, in particular, in the area of organisation of contractual scientific research, financing of scientific activities, and testing the results of these activities for further implementation in the work of enterprises, institutions and organisations subordinated to the Ministry of Internal Affairs of Ukraine. The current legal framework on this issue has been analysed. Attention has been paid to the main practical problems and the main ways of solving them have been proposed, taking into account the use of mathematical calculations to establish criteria based on the proposed parameters. The statistics of trends in the development of publication activity of the institutions of the Ministry of Internal Affairs of Ukraine in the Scopus database have been considered.
 Despite a significant number of domestic publications on the main directions of development and prospects of science in the system of the Ministry of Internal Affairs of Ukraine, the relevance of funding scientific activities, improving material and technical support, and social protection of researchers of higher education institutions of the Ministry of Internal Affairs of Ukraine has at most been merely mentioned among the problems of modern Ukrainian science. Regarding the research of foreign scholars in the field of mechanisms of organisation and financing of scientific activities, it can be noted that the most common type of funding is grants, and therefore most studies are devoted to grant applications and their impact, as well as the problems of filling the funding budget, innovations in equitable funding, etc. Thus, the central issue of this article has not been studied.
 The solutions to several problematic issues in this area have been proposed, including: introduction of a new funding mechanism, in particular, under the conditions of contractual research; organisation of special research competitions for institutions of the Ministry of Internal Affairs of Ukraine; creation of the Unified State Register of Scientific Research in the system of the Ministry of Internal Affairs of Ukraine; development of the online platform “Science in the MIA System” to allow customers to submit applications for research and development work, monitor data by potential contractors and hold a transparent competition; introduce a new mechanism for testing and obtaining acts of implementation in scientific activities.
 The ideas and proposals for the introduction of new organisational and legal frameworks for scientific research in the system of the Ministry of Internal Affairs of Ukraine are an attempt to introduce a practical mechanism for the rational and most productive use of the scientific potential of departmental institutions and establishments to ensure the security of the State, protection of human rights and freedoms, combating crime, maintaining public safety and order, applying positive foreig","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.11
O. V. Cherviakova
{"title":"Transitional justice mechanisms and processes: international experience for restoring Ukraine’s sovereignty and national security","authors":"O. V. Cherviakova","doi":"10.32631/pb.2023.3.11","DOIUrl":"https://doi.org/10.32631/pb.2023.3.11","url":null,"abstract":"The mechanisms and processes used in post-conflict countries that contributed to the restoration and ensuring of sustainable peace after the end of armed conflict or active hostilities are analysed. Among the elements of transitional justice, the author identifies those whose implementation is appropriate and possible before the end of the active phase of the conflict in Ukraine: bringing to individual responsibility, recording, documenting and collecting evidence of crimes allegedly committed on the territory of Ukraine (including war crimes, crimes against humanity, genocide and the crime of aggression), cooperation with the International Criminal Court on international crimes, determining the procedure for bringing the top military and political leadership of the russian federation to justice (tribunal); establishing the circumstances of the conflict and recording them, which is especially important in the context of information and psychological operations and other methods of hybrid warfare used by the Russian Federation. With regard to reparations and guarantees of non-recurrence of the conflict, it is already advisable to discuss both issues, develop strategies for compensating Ukraine for losses and act during and after the de-occupation of the territories.
 It has been also noted that the issue of exemption from liability and punishment may be raised during negotiations on the terms of ending the conflict, as well as the issue of mitigation of punishment in case of guilt and cooperation in establishing the truth. In this aspect, the experience of Colombia has been analysed with a reservation regarding the individualisation of the concept of transitional justice, taking into account specific circumstances. In particular, it has been determined that for Ukraine, the experience of transitional justice in Colombia can be taken into account when addressing a number of issues of amnesty, organisation of work of truth commissions and others, with an understanding of the different nature of the conflict in Colombia, which is purely internal (non-international armed conflict).","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.12
S. G. Pevko
{"title":"Axiology of law in civil society","authors":"S. G. Pevko","doi":"10.32631/pb.2023.3.12","DOIUrl":"https://doi.org/10.32631/pb.2023.3.12","url":null,"abstract":"The issue of the existence of law in society is considered through the definition of its value. The components that reveal the main issue of the research topic have been studied in detail. The study of each component of the problem under investigation determines the prerequisites for the existence and effectiveness of the impact of legal norms on society, which reflects the main purpose of law and its axiology in civil society. These components are the building blocks that make it possible to comprehensively explore the issues of the article.
 The article considers the main elements of the axiology of law in civil society, defines the essence of law through the analysis of approaches to law understanding, which made it possible to establish the ontology of this concept. It is concluded that law is a means of regulating social relations and resolving contradictions between members of society. The author analyses such interrelated concepts as “society” and “social relations”. Society is defined as a set of individuals living in a certain territory with the aim of satisfying common interests, and social relations are defined as a form of interaction between members of society. Due to the diversity of interests of society members, contradictions arise in the course of their interaction, which are resolved through legal norms that establish generally binding, formally expressed rules of conduct. In other words, society becomes civil through the existence of a mechanism of legal regulation of the behaviour of its members, establishment of legal statuses of persons, which is expressed in the existence of rights and obligations, as well as the exercise of public administration, defence of their rights and legitimate interests, through the creation of appropriate types of public institutions.
 It has been concluded that law is the main means of regulating society, which exists to resolve contradictions and regulate social relations by establishing generally binding, formally expressed, template rules of conduct which enable members of society to coexist and develop. Also, by establishing the legal statuses of individuals, members of society are given the opportunity to unite in public organisations, whose members can protect their rights and legitimate interests, influence the authorities, and protect themselves from arbitrariness on the part of the state.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.09
V. V. Nosov, O. V. Manzhai, V. O. Kovtun
{"title":"Technical, forensic and organisational aspects of work with Monero cryptocurrency","authors":"V. V. Nosov, O. V. Manzhai, V. O. Kovtun","doi":"10.32631/pb.2023.3.09","DOIUrl":"https://doi.org/10.32631/pb.2023.3.09","url":null,"abstract":"The forensic, organisational and technical features of law enforcement agencies' work with the Monero cryptocurrency in the context of pre-trial investigation and operational search activities are analysed. The development of the Monero system is described. The reasons and trends of Monero use by offenders are identified, and the scheme of operation of this payment system, which ensures its increased confidentiality, is shown. Examples of criminal offences in which Monero is used are presented. The functionality of OpenAlias to facilitate the work with Monero addresses is disclosed. The possibility of identifying participants in Monero transactions is studied. It is stated that there are currently no effective ways of such identification without knowledge of the public address and the corresponding keys, especially if users use additional security mechanisms such as connection to the TOR network.
 The features of forensic investigation of computer equipment used to work with Monero are revealed. It is established that the most effective is the study of traces of work with Monero, which are removed from the relevant computer equipment of the person of interest. Useful information can be stored in RAM, on a disc, and partially in network traffic. The article identifies artefacts that should be taken into account during inspection and search. Atomic Swaps of XMR are modelled to determine the trace pattern and identify artefacts of increased attention during forensic procedures. The fact that an atomic swap was carried out to obfuscate traces may be evidenced by the presence of specific software files on the disc used for this purpose.
 The algorithm for XMR withdrawal using multisig addresses has been proposed, from which funds can be withdrawn only when digital signatures of several persons are superimposed. The work of this algorithm in the test network Stagenet is modelled. It has been concluded that law enforcement agencies should focus on classical investigative measures to identify Monero users of interest. At the same time, there are effective mechanisms for documenting traces of work with the Monero payment system and proven methods for extracting passphrases to crypto-wallets and other sensitive information on the movement of funds in the Monero system from computer equipment.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.05
O. Yu. Salmanova, Yu. I. Shovkun
{"title":"The genesis of restrictions and special requirements established during public service","authors":"O. Yu. Salmanova, Yu. I. Shovkun","doi":"10.32631/pb.2023.3.05","DOIUrl":"https://doi.org/10.32631/pb.2023.3.05","url":null,"abstract":"The article proposes to single out the four periods of development of the administrative and legal foundations of the public service and special requirements for the activities of public servants.
 
 The legal support of public service during the entry of Ukrainian lands into the Lithuanian-Polish state was associated with the emergence and approval of two main restrictions applied to public servants, which consisted in property and educational qualifications.
 The legal provision of public service during the Cossack era is characterized by the formation of public service as a separate independent institution, especially since 1918, when a number of requirements and restrictions were formulated for public servants, namely: age, residence, citizenship, competence, qualifications.
 The legal support of the public service of the Soviet model provided for the application of template requirements for public servants (age, higher education in the specialty, work experience, business and moral qualities), as well as restrictions on part-time jobs that were applied to individual public servants (for example, prosecutors and judges).
 The legal support of the public service of independent Ukraine is divided into the following stages:
 
 1) 1991–1992 – a transitional stage to the adoption of the Law of Ukraine “On Public Service”, during which Soviet legal acts continued to operate and, in parallel, laws of Ukraine were adopted that regulated the activities of certain categories of public servants;
 2) 1993–1995 – the stage of formation of the institution of public service of the Ukrainian state and the registration of certain general anti-corruption restrictions on public servants without their clear systematization;
 3) 1995–2011 – the stage of stagnation, which begins with episodic expansion and specification of restrictions during public service, as a result of the adoption of the Law of Ukraine “On Combating Corruption”;
 4) 2011–2014 – the stage of development is determined by the course of European integration and the public's request for the fight against corruption as the main determinant of the destruction of the institution of public service;
 5) 2015 to the present is the latest stage, which began with the transformation of state and public institutions, as well as the adoption of a number of European integration legal acts.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.19
V. A. Svitlychnyi
{"title":"Protection of personal data under martial law in Ukraine","authors":"V. A. Svitlychnyi","doi":"10.32631/pb.2023.3.19","DOIUrl":"https://doi.org/10.32631/pb.2023.3.19","url":null,"abstract":"The article is devoted to the issue of personal data protection under martial law in Ukraine. A detailed study of this issue has been carried out, aspects of the regulatory environment and levels of personal data protection in such difficult conditions have been considered.
 In the context of martial law, the violation of the personal data confidentiality may pose serious threats. It has been highlighted that the disclosure of such data can lead to a risk to the personal safety of people, including those involved in the conflict. This can become the basis for blackmail and manipulation, which negatively affects the situation of individuals and the overall situation.
 The recommendations aimed at preventing such threats and improving the level of personal data protection during martial law have been provided. Particular attention has been paid to the need to develop and implement specialised legal acts that would regulate the protection of personal data in such emergency situations. The possibilities of using modern technologies, in particular data encryption and multi-level authentication, to enhance the security and confidentiality of personal data have also been considered.
 Implementation of effective personal data protection measures during martial law is an important task to ensure the security and privacy of people. Compliance with regulatory requirements, development of data protection technologies and raising awareness of this issue among the population can help reduce risks and maintain the confidentiality of personal data even in the context of a military conflict.
 The conclusions presented in this article can be a valuable source of information for legislators and information security professionals dealing with personal data protection under martial law. The results of the study may contribute to the development and implementation of effective data protection strategies aimed at ensuring the security and privacy of participants to the conflict and citizens in general. Significant aspects of the problem of personal data protection under martial law have been considered and recommendations for improving the situation in this area have been provided.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.07
I. V. Hloviuk
{"title":"Interpretation and application of Article 404 of the Criminal Procedure Code of Ukraine on court initiative: case law of the Criminal Court of Cassation","authors":"I. V. Hloviuk","doi":"10.32631/pb.2023.3.07","DOIUrl":"https://doi.org/10.32631/pb.2023.3.07","url":null,"abstract":"The issue of interpretation of Part 3 of Art. 404 of the Criminal Procedure Code of Ukraine regarding the initiative of the court of appeal in the examination of evidence has been investigated: at the request of the parties to the court proceedings, the court of appeal is obliged to re-examine the circumstances established during criminal proceedings, provided that they were not fully or with violations investigated by the court of first instance, and may examine evidence which was not investigated by the court of first instance, only if the parties to the court proceedings request such examination. This is due to the opposite interpretation of this provision by the courts, including the Criminal Court of Cassation of the Supreme Court. The accuracy of the literal interpretation of this provision has been argued.
 Taking into account the peculiarities of proof at the stage of appellate proceedings, in particular, the controlling nature and dependence on the positions of the parties to criminal proceedings, part 3 of Article 404 of the Criminal Procedure Code of Ukraine should be interpreted as follows: when the court of appeal examines circumstances or evidence without a request of a party to criminal proceedings, it thereby goes beyond the scope of the complaint; if the court of appeal goes beyond the scope of the complaint, it is obliged to comply with the restrictions provided for in part 2 of Article 404 of the Criminal Procedure Code of Ukraine.
 The conclusion has been made that examination of evidence by the court of appeal on its own initiative, without a relevant request from a party to the proceedings, to establish certain circumstances to be proved or to provide a different assessment of certain evidence which was assessed by the local court, when considering an appeal filed to worsen the position of the accused, is a violation of the principle of competition between the parties and freedom to present their evidence and prove their conviction before the court, as set out in Art. 22 of the Criminal Procedure Code of Ukraine of the principle of adversarial nature of the parties and their freedom to present their evidence and prove their conviction before the court, and may indicate a lack of impartiality and accusatory bias of the court in a particular criminal proceeding.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law and SafetyPub Date : 2023-09-28DOI: 10.32631/pb.2023.3.06
Goran Šimić
{"title":"War crimes and spirituality: to prosecute or to forgive and reconcile","authors":"Goran Šimić","doi":"10.32631/pb.2023.3.06","DOIUrl":"https://doi.org/10.32631/pb.2023.3.06","url":null,"abstract":"Conducting investigations on war crimes has a clear goal of establishing facts on crimes, perpetrators, and victims. On the other hand, the question of forgiveness and reconciliation, as essential conditions for re-establishing the coexistence of former parties at war which continue to live together, in the same community, country, and society (or next to each other), is something completely different. Investigating crimes, establishing facts, and finding and prosecuting individuals for committing those crimes, is an exact, measurable category. Forgiveness and reconciliation are not. By questioning the real effects of war crimes trials in post-conflict societies, this article argues that, for a peaceful and lasting foundation for the future life in post-conflict societies, a legal approach to the atrocities committed is not sufficient. In addition, there is a need to find a way to forgiveness and reconciliation, without which societies can always return to the “dark past”. The New Testament says that only the truth will set us free, but is that immanent to the human being? Can a human being truly forgive, or is mercy only reserved for divine beings? Can and should the victims forgive their torturers, the ones who burned down their homes, killed their beloved ones, destroyed their lives and burdened them with memories that do not fade away? In countries where past conflict resulted in mass atrocities and where, following some peace agreement, the former parties at war did not go separate ways but continued to live in the same country, this inevitable reality is a burden, if not even a risk to the existence and rebuilding of the post-conflict society. To a great extent, the situation is the same for neighboring societies (countries). But no matter what, the question is whether war crimes trials and punishments for war criminals will eliminate the consequences of those crimes, allow the victims to free themselves from that victimhood, and societies at war to find peace and rebuild.","PeriodicalId":263827,"journal":{"name":"Law and Safety","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135470396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}