The state of scientific development of the problems of criminal liability for gender-based violence in the context of armed conflict (martial law) in Ukraine in 2015-2018

Abstract

This article continues the publication of scientific articles on the state of scientific development of the issues of criminal liability for gender-based violence in the context of armed conflict (martial law) in Ukraine. The author has devoted this scientific article to the analysis of the approved dissertation research topics on gender-based violence, including its types (forms), in 2015-2018.
 It is noted that the year 2014 in the history of Ukraine is associated with the beginning of the "hybrid” war of the Russian Federation: the occupation of the Autonomous Republic of Crimea (February-March) and the creation of "pseudo­republics” in the east - the so-called "dpr” and "lpr” (April). These events were the impetus for the legal assessment of such acts against the sovereignty and territorial integrity of Ukraine by international organizations and foreign leaders.
 It is emphasized that during this period, civil society organizations conducted research on the use of violence, including gender-based violence, by members of illegal armed groups against both civilians and prisoners of war from the Armed Forces of Ukraine and volunteer associations. The author emphasizes that such studies were carried out within the framework of grants and were interim in nature (covering either the beginning of the armed conflict or several months).
 It is concluded that among the approved dissertation research topics on gender-based violence, including its types (forms), in 2015-2018, 52.3% or 34% do not have information on scientific publications and dissertation research or do not have texts of dissertation research freely available.
 It has been established that the increase in 2018 in the number of dissertation research topics on gender-based violence and its forms (types) is due to the adoption in December 2017 of the Laws of Ukraine "On Prevention of Gender-Based Violence” and "On the Prevention of Gender-Based Violence”. The Laws of Ukraine "On Preventing and Combating Domestic Violence” and "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to Implement the Provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence”. In particular, among the 24 topics of dissertation research: 8 are devoted to the problem of administrative and criminal liability for domestic violence, 4 to criminal offenses against sexual freedom and sexual inviolability of a person and its types.
 It is also noted that out of 65 topics, only 5 topics are directly devoted to the problem of gender­based violence in armed conflict and armed conflict in general, among which only one work is directly devoted to the problem of conflict-related sexual and gender-based violence as an international crime.
 At the same time, in this paper, the author examined the issue of gender-based violence related to the conflict from the perspective of international law, rather than criminal liability under national law.