Open AccessConceptual problems of investigation and prevention of enforced disappearance of persons in the conditions of armed aggression
Author(s) -
Dmytro Mirkovets,
Volodymyr Atamanchuk,
Sergii Marko,
Irina Dubivka,
Antonina Matsola
Publication year - 2021
Publication title -
cuestiones políticas/cuestiones políticas
Language(s) - English
Resource type - Journals
eISSN - 2542-3185
pISSN - 0798-1406
DOI - 10.46398/cuestpol.3969.03
Subject(s) - dialectic , aggression , law enforcement , context (archaeology) , compensation (psychology) , criminology , law , political science , criminal law , identification (biology) , criminal investigation , psychology , social psychology , epistemology , geography , philosophy , botany , archaeology , biology
The article highlights the results of a study of the situation with official investigations into criminal offenses related to the enforced disappearance of persons in the context of armed aggression in eastern and southern Ukraine. The example of individual criminal proceedings presents some systemic problems that arise during the investigation of the facts of disappearance and suggests possible ways to solve them. There are several «blocks» of problems that lie in the field of criminal law, criminology, and criminal procedure. The points of view of scientists and practitioners on this problem are highlighted. It is concluded that Ukraine, in today’s conditions, needs to take measures aimed at improving the legal mechanisms of observance and protection of the right of persons staying in its territory to freedom from enforced disappearance, as well as intensifying law enforcement agencies to prompt, complete and impartial investigation of such facts, their proper qualification, search for victims, identification of those responsible for their disappearance, ensuring that victims receive timely and adequate compensation. The methodological basis for writing the article was a dialectical-materialist method, as well as the set of general scientific and special methods and techniques of scientific knowledge.