Abstract
Description. The purpose of the article is to determine the most optimal mechanisms for restoration of Ukrainian criminal justice in certain areas of Donetsk and Luhansk regions as part of the implementation of transitional justice in the mentioned territories. Methodology. The system-structural method and the method of formal and logical analysis have been applied to determine the main steps to the restoration of criminal justice in some areas of Donetsk and Luhansk regions. The comparative and legal method was used to analyze the foreign legal practice of resolving armed conflicts and adapting best practices to Ukrainian realities. As a result of the research it has been found that the main steps to the restoration of criminal justice in the reintegrated territories are: adaptation of the criminal and criminal procedural legislation of Ukraine in accordance with international agreements on the reintegration of the Donbas; renewal of criminal proceedings for crimes which, for various reasons, have not been completed and left in the temporarily occupied territories; identifying and organizing information on the offences that fall under the jurisdiction of the International Criminal Court; organization of investigation of crimes committed during the occupation; investigations into the causes of death of persons, who died in temporarily occupied territories. Practical implications. The main aspects of implementation of transitional criminal justice as one of the measures aimed at returning temporarily occupied certain areas of Donetsk and Luhansk regions to the Ukrainian legal field were examined and analyzed. Value / originality. Restoration of criminal justice in certain areas of Donetsk and Luhansk regions is the most difficult aspect of the issue of returning the reintegrated territories to the legal field of Ukraine, so the authors proposed the most effective ways to accomplish this task.
Highlights
In light of the fact that in September 2019 the socalled “Shtanmaiier Formula” was signed by the Tripartite Contact Group in Minsk, the political processes have been intensified in Ukraine to deescalate the armed conflict and reintegrate certain areas of Donetsk and Luhansk regions
Komarnytskyi, V., Karchevskyi, M., Yakovenko, M., Kovalenko, A., Kovalenko, V. / Volume 9 - Issue 27: 349-356 / March, 2020 information on the offences that fall under the jurisdiction of the International Criminal Court; organization of investigation of crimes committed during the occupation; investigations into the causes of death of persons, who died in temporarily occupied territories
We propose effective mechanisms for adapting Ukrainian legislation in the post-conflict environment of certain areas of Donetsk and Lugansk regions to determine the best options for implementing transitional justice in the context of restoring Ukraine’s territorial integrity and reintegrating the Donbas in the course of our study
Summary
In light of the fact that in September 2019 the socalled “Shtanmaiier Formula” was signed by the Tripartite Contact Group in Minsk, the political processes have been intensified in Ukraine to deescalate the armed conflict and reintegrate certain areas of Donetsk and Luhansk regions. The issue of returning these territories to the legal field of Ukraine remains relevant In this regard, the issue of introducing the concept of transitional justice in certain areas of Donetsk and Luhansk regions is actively discussed both in Ukraine and in the international arena. The issue of introducing the concept of transitional justice in certain areas of Donetsk and Luhansk regions is actively discussed both in Ukraine and in the international arena This concept (approach) envisages simultaneous activity of the State in four directions: effective activity of criminal justice, compensation of losses to victims, institutional reforms that make it impossible to repeat the past and official acknowledgment of historical truth The authors aim to consider the best steps and practices to accomplish this task
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
