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ПРИНЦИПИ ПРАВОВОЇ ПОЛІТИКИ У СФЕРІ ПОВОДЖЕННЯ З ВІЙСЬКОВОПОЛОНЕНИМИ

Authors :
Ю. М., Гелемей
Source :
Analytical & Comparative Jurisprudence; 2023, Issue 5, p567-570, 4p
Publication Year :
2023

Abstract

This article analyzes the principles of legal policy in the field of treatment of prisoners of war. It is motivated that the actualization of the issue of the status of prisoners of war is due to the following circumstances: the presence of a state of war on the territory of Ukraine and an increase in the number of prisoners of war on both sides; the absence of a real mechanism to guarantee the proper treatment of prisoners of war, the weakness of international institutions in this area; normative legal acts were adopted after the Second World War in the conditions of the information society, globalization and changes in the life of society in all spheres, therefore a modern update of the norms and their clarification and the development of an effective policy in this area are necessary. It was established that a significant breakthrough in the direction of humanizing social development was the adoption of norms of international law, in particular, those related to the rules of treatment of prisoners of war. Formally, there is a model for protecting and ensuring the humane situation of this group of participants in the armed conflict. However, it is necessary to state a significant, even colossal problem: the declarativeness of international obligations, the ineffectiveness of international institutions and the lack of real influence on the party that holds prisoners of war. In this context, we should talk about updating the international norms of international humanitarian law in general, as well as prisoners of war in particular. The author points out the lack of a clear legal agreement on the concept of «prisoner of war» and the generally significant political nature of the issue. Within the scope of the represented scientific research, the essential principles (main principles) of the legal policy of democratic states in the field of treatment of prisoners of war are defined. They are grouped into two categories - general (prohibition of ill-treatment, humane treatment, right to dignity, preservation of personal belongings and documents, right to contact with family and protection agencies, right to return home) and special (rehabilitation and special state support prisoners of war after returning from captivity; support for families of prisoners of war). [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
27886018
Issue :
5
Database :
Complementary Index
Journal :
Analytical & Comparative Jurisprudence
Publication Type :
Academic Journal
Accession number :
173596483
Full Text :
https://doi.org/10.24144/2788-6018.2023.05.101