Restoration of criminal justice and introduction of transitional justice in the conditions of restoration of territorial integrity of Ukraine and reintegration of Donbas

  • Vitalii Komarnytskyi Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine https://orcid.org/0000-0003-1510-2395
  • Mykola Karchevskyi Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine https://orcid.org/0000-0002-2693-3592
  • Mykola Yakovenko Department of Law Enforcement Agencies and Judiciary Arrangement of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine https://orcid.org/0000-0002-6485-8095
  • Artem Kovalenko Department of State and Legal Disciplines of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine https://orcid.org/0000-0003-3665-0147
  • Volodymyr Kovalenko Academic Secretary Senior Research Fellow, Department of Coordination of Legal Studies of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine https://orcid.org/0000-0001-5310-2092
Keywords: certain areas of Donetsk and Luhansk regions, temporarily occupied territories, transitional justice, restoration of criminal justice, criminal proceedings, pre-trial investigation.

Abstract

Description. The purpose of the article is to determine the most optimal mechanisms for restoration of Ukrainian criminal justice in certain areas of Donetsk and Luhansk regions as part of the implementation of transitional justice in the mentioned territories. Methodology. The system-structural method and the method of formal and logical analysis have been applied to determine the main steps to the restoration of criminal justice in some areas of Donetsk and Luhansk regions. The comparative and legal method was used to analyze the foreign legal practice of resolving armed conflicts and adapting best practices to Ukrainian realities. As a result of the research it has been found that the main steps to the restoration of criminal justice in the reintegrated territories are: adaptation of the criminal and criminal procedural legislation of Ukraine in accordance with international agreements on the reintegration of the Donbas; renewal of criminal proceedings for crimes which, for various reasons, have not been completed and left in the temporarily occupied territories; identifying and organizing information on the offences that fall under the jurisdiction of the International Criminal Court; organization of investigation of crimes committed during the occupation; investigations into the causes of death of persons, who died in temporarily occupied territories. Practical implications. The main aspects of implementation of transitional criminal justice as one of the measures aimed at returning temporarily occupied certain areas of Donetsk and Luhansk regions to the Ukrainian legal field were examined and analyzed. Value / originality. Restoration of criminal justice in certain areas of Donetsk and Luhansk regions is the most difficult aspect of the issue of returning the reintegrated territories to the legal field of Ukraine, so the authors proposed the most effective ways to accomplish this task.

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Author Biographies

Vitalii Komarnytskyi, Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

Doctor of Law, Professor of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

Mykola Karchevskyi, Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

Doctor of Law, Professor, Acting Rector of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

Mykola Yakovenko, Department of Law Enforcement Agencies and Judiciary Arrangement of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

PhD in Law, Associate Professor of the Department of Law Enforcement Agencies and Judiciary Arrangement of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

Artem Kovalenko, Department of State and Legal Disciplines of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

PhD in Law, Senior Lecturer of the Department of State and Legal Disciplines of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

Volodymyr Kovalenko, Academic Secretary Senior Research Fellow, Department of Coordination of Legal Studies of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

PhD in Law, Associate Professor, Academic Secretary Senior Research Fellow, Head of Department of Coordination of Legal Studies of Luhansk State University of Internal Affairs named after E. O. Didorenko, Ukraine

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Published
2020-03-21
How to Cite
Komarnytskyi, V., Karchevskyi, M., Yakovenko, M., Kovalenko, A., & Kovalenko, V. (2020). Restoration of criminal justice and introduction of transitional justice in the conditions of restoration of territorial integrity of Ukraine and reintegration of Donbas. Amazonia Investiga, 9(27), 349-356. https://doi.org/10.34069/AI/2020.27.03.38
Section
Articles