Abstract

MAISTRENKO, Maria; GORELKINA, Kira  and  BUZHDYHANCHUK, Yevdokiia. INTERNATIONAL AND NATIONAL MECHANISMS FOR THE PROTECTION OF THE RIGHTS OF VICTIMS OF ARMED CONFLICT IN EASTERN UKRAINE. Novum Jus [online]. 2021, vol.15, n.spe, pp.17-41.  Epub June 06, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.e.2.

Aiming to determine the implementation of constitutional rights and freedoms of citizens affected by the military conflict in Eastern Ukraine and to bring current legislation to world standards, this scientific article explores the main sources of international humanitarian law governing legal relations in armed aggressions, while the current state of protection of constitutional rights and freedoms of citizens affected by the armed conflict in Eastern Ukraine is examined. The methodological basis of the study consists of a set of general and special methods and techniques of scientific knowledge aimed at developing effective mechanisms to protect the rights of victims of armed conflict in Eastern Ukraine.

The study proposes that there is no effective mechanism for applying the provisions of relevant regulations on the protection of the fundamental rights and freedoms of the population during an international armed conflict. To this end, regulatory proposals have been developed to protect different categories of the population, such as women, children, prisoners of war, the wounded, and the sick. The main organizational measures at the national level include preventing and combating all forms of discrimination, gender-based violence, human trafficking, and slavery, while providing quality assistance to victims, conducting a timely investigation, and taking appropriate measures concerning any cases of damage, confiscation, and looting of property in the area of the Joint Forces Operation, as well as the commission of other criminal offenses.

The article suggests ensuring adequate state guarantees for the protection of fundamental human rights to life; the existence of legal mechanisms for an effective investigation of violations of this right; freedom and personal integrity; an effective investigation of enforced disappearance crimes; the release of hostages, restoring their rights and ensuring their rehabilitation; as well as an independent, fair trial within a reasonable time.

Keywords : international armed conflict; violence; war crimes; victims; protection of rights.

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