Удосконалення порядку обліку злочинів, пов’язаних із порушенням законів та звичаїв війни

It is indicated that large-scale armed aggression (war) has led to a sharp increase in the number of war crimes, among which the largest share is made up of criminal offenses related to violations of the laws and customs of war. The scientific publication examines the issue of improving the procedure for recording crimes in the Unified Register of Pretrial Investigations related to violations of the laws and customs of war. The composition of the corresponding criminal offense is analyzed, its special elements are singled out. It is noted that for the correct qualification and accounting of criminal offenses provided for in Art. 438 of the Criminal Code of Ukraine, it is of key importance to establish the fact of committing such general criminal crimes as intentional murder, torture, enforced disappearance, rape, etc. in connection with a military conflict (war), or committing a violation of laws and customs in another way (in another form) personal war. In order to improve the accounting of crimes related to violations of the laws and customs of war, it is proposed to make changes to the Regulation on the Unified Register of Pretrial Investigations, the procedure for its formation and management regarding the introduction of additional notes to Art. 438 of the Criminal Code of Ukraine for the purpose of distinguishing violations of the laws and customs of war in relation to prisoners of war, the civilian population, national values, the use of prohibited means of warfare and other violations of the laws and customs of war; committed against the life and health, will, honor and dignity, sexual freedom and sexual integrity of a person, as well as against property with an indication of the type of the corresponding crime. It is noted that the innovations will contribute to the correct qualification of war crimes, distinguishing them from the corresponding general criminal crimes, and will also allow optimizing the processes of appointing groups of prosecutors in criminal proceedings and determining the composition of joint investigative teams in order to improve the effectiveness of pre-trial investigations of crimes related to violations of laws and customs war.