SOME FEATURES OF AVIATION CRIMES DURING MARTIAL TIME

Authors

DOI:

https://doi.org/10.18372/2307-9061.63.16704

Keywords:

armed aggression, war crimes, aviation crimes, aviation war crimes

Abstract

The purpose of this article is to analyze aviation crimes in martial time and develop theoretical and practical recommendations to combat this phenomenon. Methods: general and special scientific methods were used to achieve this purpose. The use of these methods allowed to outline the problems of combating of aviation crimes from a criminal law point of view and to offer practical recommendations for combating this phenomenon. Results: during the preparation of the article, martial state was declared in Ukraine in connection with the attack of the Russian Federation. Contrary to international law, Russia has not officially declared war on Ukraine. In Ukraine war crimes introduced additional responsibility only for the Ukrainian military, there are special features of qualification. As Ukraine has now closed the airspace to all aircraft except Ukrainian state military aircraft, all Russian military pilots who perform combat sorties in Ukrainian airspace are liable both as ordinary airspace violators and as criminals against humanity. The article considers 3 main situations of war aviation crimes: investigation; flight with ammunition; bombing of non-residential buildings and bombing of civilian objects from the point of view of the criminal law and given practical recommendations on the possible qualification of such actions under the laws of Ukraine.

Author Biographies

Sofiia Lykhova, National Aviation University

Doctor of Law, Professor, Head of the Department of Criminal Law and Procedure

Natalya Semchuk, National Aviation University

Candidate of Law, Associate Professor of Criminal Law and Procedure

References

On the legal regime of martial state: Law of Ukraine from 12.05.2015 № 389-VIII: as of 1 Apr. 2022. URL: https://zakon.rada.gov.ua/laws/ show/389-19#Text (date of access: 06.04.2022).

On the imposition of martial state in Ukraine: Decree of the President of Ukraine of 24 February 2022 № 64/2022: as of March 18 2022 (date of access: 06.04.2022).

Convention (III) relative to the Opening of Hostilities: Convention Organisation United Nations dated 18.10.1907. URL: https://zakon.rada.gov.ua/ laws/show/ 995_b85#Text (date of access: 06.04.2022).

Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land: Convention Organisation United Nations dated 18.10.1907. URL: https://zakon.rada.gov.ua/ laws/show/64/2022#Text (date of access: 06.04.2022).

Information wars as a threat to the information security of Ukraine / I. Sopilko et al. Conflict resolution quaterly. 2021. Vol. 39. № 3. P. 189–347. URL: https://onlinelibrary.wiley.com/doi/abs/ 10.1002/crq.21331

Semchuk N.O., Timush D.I. Qualitative methods of criminal law research: Ukrainian and foreign experience. Scientific works of National Aviation University. Series: Law Journal «Air and Space Law». 2020. Vol. 4. № 57. URL: https://doi.org/10.18372/2307-9061.57.15083 (date of access: 06.04.2022).

Karpenko M. Crimes against the established order of military service (war crimes): theoretical and applied aspects. Kyiv: National Academy of Management, 2018. 420 p.

Hutsal I.Y., Luchok A.M., Myronets O.M. Theoretical-legal aspects of civil aviation protection against acts of illegal intervention. Juridical scientific and electronic journal. 2020. № 1. P. 285–287. URL: https://doi.org/10.32782/2524-0374/2020-1/70 (date of access: 08.04.2022).

Criminal Code of Ukraine: Code of Ukraine of 05.04.2001 № 2341-III: as of 3 April 2022. URL: https://zakon.rada.gov.ua/laws/show/2341-14#Text (date of access: 08.04.2022).

Downloads

Published

2022-06-30

How to Cite

Lykhova, S., & Semchuk, N. (2022). SOME FEATURES OF AVIATION CRIMES DURING MARTIAL TIME. Scientific Works of Kyiv Aviation Institute. Series Law Journal "Air and Space Law", 2(63), 18–22. https://doi.org/10.18372/2307-9061.63.16704

Issue

Vol. 2 No. 63 (2022)

Section

AIR, SPACE, ENVIRONMENTAL LAW

License

The scientific journal adheres to the principles of Open Access and provides free, immediate, and permanent access to all published materials without financial, technical, or legal barriers for readers.

All articles are published in Open Access under the Creative Commons Attribution 4.0 International (CC BY 4.0) license.

Copyright

Authors who publish their works in the journal:

  • retain the copyright to their publications;

  • grant the journal the right of first publication of the article;

  • agree to the distribution of their materials under the CC BY 4.0 license;

  • have the right to reuse, archive, and distribute their works (including in institutional and subject repositories), provided that proper reference is made to the original publication in the journal.