战争罪行侵犯人权:理论与实践

Q3 Arts and Humanities
V. Pylypenko, Khrystyna T. Sliusarchuk, P. Pylypyshyn, Svitlana V. Boichenko
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引用次数: 0

摘要

本文全面研究了战争罪侵犯人权的理论和实践问题,以及这种侵犯行为在国内法和国际法中对个人合法利益的保护。本研究的目的是全面分析与因犯下战争罪而在国际公法中保护被侵犯的个人权利和合法利益有关的理论和应用问题,并为改进乌克兰现行立法及其在这一领域的适用实践提出科学合理的建议。本文分析了当前关于战争罪侵犯人权和基本自由的违法行为及其损害赔偿责任规制的科学观点和立法现状。此外,还确定了在乌克兰和国际舞台上保护这些人的权利和合法利益的现有形式、方法和手段。本文还对战争罪的现有概念、法律性质、主要特征及其在乌克兰立法中的法律规制进行了全面研究。有人提议对有关这一问题的条例进行立法修正,该研究证明了存在解决战争罪行侵犯人权问题的专门司法程序的立场是合理的,其结果应是通过一项法院决定。通过研究,明确了当前的科学陈述和成就,以及由于公共关系的不断发展和各国国际关系的重大变化而导致武装冲突和战争罪而出现的那些陈述和成就。科学研究的成果之一是证明了侵犯人权问题在现代社会的重要性和研究的迫切需要。毕竟,现代立法需要对现有的规定进行实质性的修改和改进,然后才有可能实际适用这些规定
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Human rights violations by war crimes: Theory and practice
This paper provides a comprehensive study of theoretical and practical issues of violation of human rights by war crimes, protection of legitimate interests of individuals in national and international law as a result of such violation. The purpose of this study is a comprehensive analysis of theoretical and applied issues related to the protection of violated rights and legitimate interests of individuals in public international law as a result of the commission of war crimes, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. The paper analyses the current scientific opinions and legislation on the regulation of illegal acts and liability for damage caused to victims as a result of violation of human rights and fundamental freedoms by war crimes. Furthermore, the existing forms, methods, and means of protecting the rights and legitimate interests of such persons in Ukraine and in the international arena were determined. The paper also provides a comprehensive study of the existing concept, legal nature and main features of war crimes and their legal regulation in Ukrainian legislation. Legislative amendments to the regulations governing this issue are proposed and the study justifies the position regarding the existence of an exclusively judicial procedure for resolving issues of human rights violations by war crimes, the result of which should be the adoption of a court decision. As a result of the study, the current scientific statements and achievements are clearly identified, as well as those that have emerged due to the constant development of public relations and substantial changes in international relations of various states, which causes armed conflicts and war crimes. One of the achievements of the scientific study is the proof of the importance of the problem of violated human rights in modern society and the extreme need for its research. After all, modern legislation requires substantial changes and improvement of the existing provisions with the subsequent possibility of their practical application
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