SPECIFIC FEATURES OF THE CRIMINAL-LAW QUALIFICATION OF TORTURE COMMITTED UNDER MARTIAL LAW

Abstract

The article examines the features of the criminal legal qualification of torture committed under martial law. It is indicated that torture has a consistently negative dynamics, which, despite positive changes in 2021–2022, has undergone a repeated gradual increase after the start of a full-scale armed conflict. One of the reasons was the low effectiveness of criminal legal countermeasures, in particular, the gaps that arise during the criminal legal qualification of torture, as well as its delimitation from related criminal offenses. According to the results of the analysis of judicial practice, in particular, the verdicts passed in criminal proceedings on the fact of torture committed by representatives of the Russian Federation, it is stated that there were no cases of the latter being held liable under Part 3 of Art. 127 of the Criminal Code of Ukraine and Art. 442-1 of the Criminal Code of Ukraine. It is determined that in all cases such persons were found guilty of committing a criminal offense provided for in Art. 438 of the Criminal Code of Ukraine. Amendments to Part 3 of Article 127 of the Criminal Code of Ukraine are proposed. It is concluded that after the ratification of the Rome Statute, as well as taking into account the provisions of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the issue of the expediency of further preserving the wording of Part 3 of Article 127 of the Criminal Code of Ukraine requires detailed study. This is due to the fact that in fact, the provisions and principles of national criminal legislation provide the opportunity to bring foreigners to criminal liability for committing any criminal offenses on the territory of Ukraine, including torture, which calls into question the expediency of distinguishing a special qualifying characteristic specifically for torture.