Criminal law characterization of civil combat immunity

Abstract

The study recognizes that the need for normative regulation of combat immunity is determined by the external aggression against Ukraine, which began in 2014. After a full-scale invasion of the enemy in Ukraine, it became necessary to engage not only military personnel, but also civilians that caused the need for legislative regulation of civilian combat immunity. The article deals with the problems of criminal law regulation of civilian combat immunity. The complex of normative legal acts that define the legal nature, the content and the basis of the civil combat immunity. It is defined that due to connection with the fact that the civil combat immunity is an absolute novelty for the national legislation, in the scientific space there are no scientific works devoted to the analysis of this topic and related to it. It is justified why this particular immunity is combative and civil. The problematic features of the subject composition of persons that have the right for civilian combat immunity. The conclusion is made about the possibility of granting such immunity to any person who performs acts of defense of Ukraine against an act of external aggression against it. Emphasis is also placed on the peculiarities of the definition of a person as civilian, which gives the right to receive exactly this type of immunity. The need to use the provisions of international humanitarian law to define this category of person is also determined. Problems of interpretation and practical application of certain criminal law norms regulating the exemption from criminal responsibility of a person who has civilian combat immunity are established. It is defined that the key to the solution of this issue is not the possession of Ukrainian citizenship, but the desire to defend Ukraine from aggression and to protect its territorial integrity and sovereignty of Ukraine.