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ПРО ТАК ЗВАНИЙ "ІМУНІТЕТ КОМБАТАНТА".

Authors :
Навроцький, Вячеслав
Source :
Law of Ukraine / Pravo Ukraini; 2023, Issue 5, p39-54, 16p
Publication Year :
2023

Abstract

Since the beginning of the full-scale Russian-Ukrainian war, the thesis that the Russian military forces are endowed with "combatant immunity and therefore are not subject to any criminal liability under the Criminal Code of Ukraine, except for war crimes" started to spread out. This article aims to prove the falsity of this thesis and substantiate that such immunity does not exist for the aggressor army's military personnel. The author examines the arguments supporting this statement and refutes the arguments criticizing the denial of "combatant immunity". The author concludes that the "combatant immunity" in Ukrainian criminal law has no legal, social, or moral grounds. The relative prevalence of the corresponding concept, which is actively promoted by many and thus, unfortunately, uncritically perceived, does not indicate its acceptability. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
10269932
Issue :
5
Database :
Complementary Index
Journal :
Law of Ukraine / Pravo Ukraini
Publication Type :
Academic Journal
Accession number :
169901899
Full Text :
https://doi.org/10.33498/louu-2023-05-039