Violations of the laws or customs of war under military law: comparative analysis of international and internal legislation of Ukraine

Cherviakova, O. V.; Mekheda, Vladyslav

doi:10.21564/2414-990x.152.223328

Cited by 4 publications

(3 citation statements)

References 7 publications

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“…та Мехеда В.Д. у своїй наукові роботі, підсумовуючи досвід вказаних вище країн, серед напрямків розвитку системи забезпечення гендерної рівності на військовій службі, які доцільні для впровадження в Україні називають наступні: 1) залучення жінок до оперативного планування та проведення операцій, місій; 2) розробка, утвердження і впровадження стандартів поведінки чи етичних норм у військовій сфері; 3) освіта та навчання з гендерних питань; 4) інституалізація мережі гендерних радників (Gender Advisor, GENAD) та координаторів (Gender Focal Point) [6].…”

Section: постановкаunclassified

Legal provision of gender equality in the Armed Forces of Ukraine

Bondarchuk,

Kravchuk

2024

Науковий вісник УжНУ. Серія: Право

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The article is devoted to the study of the problems of legal regulation regarding ensuring gender equality in the Armed Forces. It was determined that ensuring gender equality and peace are the foundations of sustainable development of humanity. The experience of ensuring gender equality in military service in foreign countries, in particular, the USA, Sweden, and Norway, was studied. International legal acts in this field were analyzed. An analysis of ensuring gender equality under the legislation of Ukraine was carried out, as a result of which it was established that, to date, in our country, first of all, official restrictions on the access of military personnel to all positions have been abolished. Secondly, such combat professions in the army as grenade launcher, sniper, gunner, and others became available to women, whereas before they could apply mainly for non-combat professions, for example, signal- man, driver, cook, etc. Thirdly, since 2019, the government has allowed girls to enter military lyceums. Women who see themselves as officers of the Armed Forces of Ukraine in the future have access to all levels of military education. They are allowed to learn the same professions as men, and later serve in a wide range of positions. It was concluded that in the conditions of the war in Ukraine, the issue of gender equality in the Ukrainian army is especially relevant. However, certain problems remain that require urgent solutions. The same conditions must be created for the completion of service for everyone, regardless of gender, and equal access to all opportunities in the army must be ensured. Therefore, the issue of gender equality, as well as equal rights and opportunities, is defined as one of the main principles of the organizational culture of the Armed Forces of Ukraine. Changes and modernization of the organizational culture of the Ukrainian Armed Forces is a key process that ensures their combat capability and strengthens authority, which is why priority measures aimed at supporting women in military service are proposed.

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Section: постановкаunclassified

Legal provision of gender equality in the Armed Forces of Ukraine

Bondarchuk,

Kravchuk

2024

Науковий вісник УжНУ. Серія: Право

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“…Relevant for the analysis of the problems of human rights violations and their correlation with war crimes in the context of armed aggression against Ukraine is a scientific study by O. Cherviakova and Mekheda (2021) who paid attention to the fact of the criminalization of war crimes, which are Vol. 40 Nº 75 (2022): 868-878 compared at the international and domestic legislative level in accordance with military law (Cherviakova and Mekheda, 2021).…”

Section: Theoretical Framework or Literature Reviewmentioning

confidence: 99%

“…Cherviakova and Mekheda (2021) who paid attention to the fact of the criminalization of war crimes, which are Vol. 40 Nº 75 (2022): 868-878 compared at the international and domestic legislative level in accordance with military law (Cherviakova and Mekheda, 2021).…”

Section: Theoretical Framework or Literature Reviewmentioning

confidence: 99%

The issue of the application to the European Court of Human Rights in the context of the Russian invasion of Ukraine

et al. 2022

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The aim of this study was to analyze the practical aspects involved in filing applications to the European Court of Human Rights in the context of armed aggression against Ukraine. The achievement of the objective also involves the resolution of the following tasks: the analysis of the works of scientists who studied various aspects of human rights protection; international legal acts, as well as the legislation of Ukraine; the determination of the problems that exist at the present stage in the mechanism of human rights protection at the international level, and; the determination of the level of its effectiveness and the possibility of its application in Ukraine in the conditions of a military conflict. Specifically, the subject of the study is the prospect of implementation of the mechanism of appeal of citizens to the European Court for the Protection of Human Rights. The methodological basis of the research consisted in the dialectical combination of general scientific and special legal methods. It is concluded that, in view of the new socio-economic and political realities emerging in the modern world, it is necessary to update the whole system of human rights protection at the international level.

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Implementation of NATO standards in the training system for the Security Service of Ukraine

Melnyk¹,

Cherviakov²

2021

Plaw

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Incorporation of North Atlantic Alliance standards into domestic legislation, that governs relations in the security and defense sector is one of the key requirements for Ukraine to obtain a NATO Membership Action Plan and further deepen Euro-Atlantic integration with a view to acquiring Alliance membership. An Important condition for these tasks is the implementation of NATO standards and procedures in the legislation governing military education. In the process of standardizing and achieving the state of compatibility of the security and defense sector of Ukraine with the relevant NATO forces, the specificity of the application of standards in improving the system of training specialists for the Security Service of Ukraine should be highlighted separately. According to this development course, military education today includes formal and informal (general training) components, and the improvement of professional competence (special training). Professional training of military specialist according to NATO standards is carried out at the appropriate levels of management: operational, tactical, strategic. It remains compulsory for officers to have received a higher education in the relevant educational programs. Taking into account the specific nature of the professional activities of the members of the special service, the tasks assigned to them and the functions performed for that purpose, namely, countering intelligence and subversive activities, combating terrorism, counter-intelligence and defending national statehood, Ensuring the security of the State in cyberspace, etc., the training system for the Security Service may be differentiated according to its functional direction and institutionalized in the military education system or outside it. At the same time, an important basis for the development of the educational component in the Security Service of Ukraine will remain the recruitment of teaching staff from among persons with practical experience. Despite the format of the model chosen, training for the security forces should be based on NATO standards, with a conceptually new piece of legislation.

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Violations of the laws or customs of war under military law: comparative analysis of international and internal legislation of Ukraine

Cited by 4 publications

References 7 publications

Legal provision of gender equality in the Armed Forces of Ukraine

Legal provision of gender equality in the Armed Forces of Ukraine

The issue of the application to the European Court of Human Rights in the context of the Russian invasion of Ukraine

Implementation of NATO standards in the training system for the Security Service of Ukraine

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