Abstract
The general legal characteristics of war crimes allow to comprehensively study the indicated acts, to understand their essence, which in turn should facilitate and improve the quality of criminal qualification of criminal offenses against performing the established procedure of active service. The need to form general legal characteristics of war crimes is due to the fact that the sphere of public relations related to active service is intersectoral, since it is simultaneously regulated by the norms of various branches of law. The authors have found out the main features of war crimes and have carried out their characteristics by determining the specific features of their regulation both by criminal and other branches of law. The authors have provided an analytical basis for this in order to evaluate the provisions of regulatory legal acts regulating the procedure of active service and determine the main features of war crimes. The findings of the research was that war crimes infringe the statutory order of performing active service, and the subjects of such illegal acts are military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly. The general legal characteristics of war crimes is formed taking into account criminal and legal features of the specified criminal offenses and defines specific features of active service; the established procedure for performing active service; military personnel, persons liable to military duty and personnel with reserve obligations during the battle assembly as subjects of crime.
Highlights
One of the main tasks of a democratic, legal, social and sovereign state is to guarantee and ensure human rights, freedoms and legitimate interests
Postwar development of international human rights law in the interim has changed the way in which these tribunals address war and war crimes (Fenrick, 1999)
The need to form the general legal characteristics of war crimes is due to the fact that the sphere of public relations related to active service is intersectoral
Summary
One of the main tasks of a democratic, legal, social and sovereign state is to guarantee and ensure human rights, freedoms and legitimate interests. It is necessary to create favorable conditions for the development of all spheres of public life, because the mechanism of human rights realization, as a rule, is effectively functioning in economically developed countries. An important area is ensuring the sovereignty of the state, national security, as well as public safety and order. Achieving the indicated task depends on a large number of factors, where we should single out the organization and ensuring the compliance with the established procedure of performing active service. The outlined sphere of public relations plays one of the key roles in “protecting the Homeland, independence and territorial integrity of Ukraine” (On General Military Duty and Military Service), which, in turn, is the constitutional duty of any citizen of Ukraine.
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