International And National Mechanisms For The Protection Victims Rights Of Armed Conflict In Eastern Ukraine

Abstract

In order to determine the implementation of constitutional rights and freedoms of citizens affected by the military conflict in eastern Ukraine, bringing current legislation to world standards, the scientific article: explores the main sources of international humanitarian law governing legal relations in armed aggression; the current state of protection of constitutional rights and freedoms of citizens affected by the armed conflict in eastern Ukraine is considered. The methodological basis of the scientific article was general and special methods and techniques of scientific knowledge aimed at developing effective mechanisms to protect the rights of victims of armed conflict in eastern Ukraine. It is stated that there is no effective mechanism for applying the provisions of the relevant regulations on the protection of fundamental rights and freedoms of the population during an international armed conflict. To this end, regulatory proposals have been developed to protect such categories of the population as women, children, prisoners of war, the wounded and the sick. The main organizational measures at the national level include: preventing and combating all forms of discrimination, gender-based violence, human trafficking and slavery, providing quality assistance to victims; conducting a timely investigation and taking appropriate measures in respect of any cases of damage, confiscation and looting of property in the area of the Joint Forces Operation, the commission of other criminal offenses. It is indicated to ensure adequate state guarantees for the protection of fundamental human rights: to life and the existence of legal mechanisms for effective investigation of violations of this right; to freedom and personal integrity, to effectively investigate the crimes of enforced disappearance, to release hostages, to restore their rights and to ensure their rehabilitation; to an independent, fair trial within a reasonable time.