MILITARY OFFENCES AND WAR CRIMES: BACKGROUND, THEORY AND PRACTICE

Authors

Andrey Oleksiyovych Vyprytskyi, Liliia Oleksiivna Makhova, Iryna Volodymyrivna Basysta, Нanna Petrivna Vlasova, Vasyl Mykolaiovych Stratonov, Tetiana Serhiivna Batrachenko, Andrii Mykolayovych Blahodarnyi, Oleksandr Vitaliyovych Lysenko, Yuliia Yuriivna Bobrova, Yuriy Oleksandrovych Bobrov, Dmytro Valeriyovych Vedeneev, Oleksandr Georgiyovych Semenyuk, Oleksandr Anatoliyovych Havrylenko, Tetyana Leonidivna Syroid, Lina Oleksandrivna Fomina, Olena Ivanivna Harasymiv, Sergii Ivanovych Marko, Olena Vasylivna Riashko, Alina Hryhorivna Harkusha, Olha Mykolaivna Honchar, Alina Volodymyrivna Hutnyk, Mykola Oleksandrovych Durman, Olena Leonidivna Durman, Oleksandr Serhiyovych Zubchenko, Мykola Ivanovych Karpenko, Roman Stanislavovych Kirin, Volodymyr Mykolayovych Korotayev, Iryna Ivanivna Komarnytska, Oleksandr Volodymyrovych Кonstantiy, Olena Viacheslavivna Lenda, Sergiy Mykolaiovych Melnyk, Yevhen Ivanovych Hryhorenko, Oleksandr Serhiiovych Perederii, Nazariy Serhiyovych Morozyuk, Vladyslav Valerevych Nehrebetskyi, Tetiana Bohdanivna Nikolaienko, Yurii Oleksandrovych Pilyukov, Volodymyr Vasyliovych Yusupov, Serhii Volodymyrovych Banakh, Oleksii Stanislavovych Pronevych, Iryna Romanivna Ptashnyk, Viktoriіa Mykolaivna Rufanova, Ivan Serhiyovych Syvodied, Maksym Ivanovych Smyrnov, Ganna Mykolayivna Sobko, Rostislav Dmytrovych Kit, Yuliia Petrivna Stepanova, Pavlo Ihorovych Tkachenko, Vadym Heorhiiovych Khashev, Volodymyr Viktorovych Shablystyi, Vasyl Serhiiovych Berezniak, Roman Anatoliiovych Katorkin, Oleksandr Volodymyrovych Shamsutdinov, Viktor Mykhailovych Shevchuk, Oleksandr Serhiiovych Yunin, Serhii Ivanovych Shevchenko, Oleksandr Oleksandrovych Yurikov

Military offences and war crimes: background, theory and practice : collective monograph. Ed. by V.M. Stratonov. Riga, Latvia : «Baltija Publishing», 2023. 876 p.

Chapters

The concept, signs and content of administrative coercion under the conditions of martial law and state of emergency

Andrey Oleksiyovych Vyprytskyi, Liliia Oleksiivna Makhova

https://doi.org/10.30525/978-9934-26-302-6-1

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Prospects and inevitability of responsibility for committing war crimes, genocide, aggression and crimes against humanity (activities of the Joint Investigative Group for the Investigation of Serious International Crimes in Ukraine (JIT); cooperation with

Iryna Volodymyrivna Basysta, Нanna Petrivna Vlasova, Vasyl Mykolaiovych Stratonov

https://doi.org/10.30525/978-9934-26-302-6-2

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Collaborative activity in conditions of war: concepts and criminal liability for illegal actions

Tetiana Serhiivna Batrachenko

https://doi.org/10.30525/978-9934-26-302-6-3

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Philosophical and legal reflection of administrative torts

Andrii Mykolayovych Blahodarnyi, Oleksandr Vitaliyovych Lysenko

https://doi.org/10.30525/978-9934-26-302-6-4

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Military courts as a challenge of today in the conditions of armed aggression of the russian federation against Ukraine: a historical retrospective and the genesis of development

Yuliia Yuriivna Bobrova, Yuriy Oleksandrovych Bobrov

https://doi.org/10.30525/978-9934-26-302-6-5

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Experience of organizing informational and psychological support of peacekeeping contingents of the Armed Forces of Ukraine as a means of preventing war crimes (based on the materials of the mission to Iraq in 2003–2005)

Dmytro Valeriyovych Vedeneev, Oleksandr Georgiyovych Semenyuk

https://doi.org/10.30525/978-9934-26-302-6-6

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Formation of prerequisites for the formation of laws and customs of war in the ancient era: classical and modern approaches to solving the problem

Oleksandr Anatoliyovych Havrylenko, Tetyana Leonidivna Syroid, Lina Oleksandrivna Fomina

https://doi.org/10.30525/978-9934-26-302-6-7

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How to punish war criminals in Ukraine: mechanisms for restoring justice

Olena Ivanivna Harasymiv, Sergii Ivanovych Marko, Olena Vasylivna Riashko

https://doi.org/10.30525/978-9934-26-302-6-8

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Specifics of repeal of custodial restraint and alteration of restraint from other grounds under martial law (article 616 of the Criminal Procedural Code of Ukraine)

Alina Hryhorivna Harkusha

https://doi.org/10.30525/978-9934-26-302-6-9

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Specificity of journalistic documentation of environmental crimes during a full-scale military invasion of Russia into Ukraine

Olha Mykolaivna Honchar

https://doi.org/10.30525/978-9934-26-302-6-10

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Notification of suspicion of committing ideological, cultural and educational collaborationism: analysis of compliance with the requirements of Art. 277 of the Criminal Procedure Code

Alina Volodymyrivna Hutnyk

https://doi.org/10.30525/978-9934-26-302-6-11

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Russian aggression and the political and legal status of the captured Ukrainian territories in accordance with international, Ukrainian and Russian law

Mykola Oleksandrovych Durman, Olena Leonidivna Durman

https://doi.org/10.30525/978-9934-26-302-6-12

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Sociological aspects of military occupation (on the example of Southern Ukraine)

Oleksandr Serhiyovych Zubchenko

https://doi.org/10.30525/978-9934-26-302-6-13

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Contemporary issues of criminal liability for military offences and the need for their prevention urge immediate decisive actions to tackle the current challenges

Мykola Ivanovych Karpenko

https://doi.org/10.30525/978-9934-26-302-6-14

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War crimes related to the use of missile weapons: criminal, procedural and forensic aspects

Roman Stanislavovych Kirin, Volodymyr Mykolayovych Korotayev

https://doi.org/10.30525/978-9934-26-302-6-15

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Concept and procedure of application of administrative responsibility in the Armed Forces of Ukraine

Iryna Ivanivna Komarnytska

https://doi.org/10.30525/978-9934-26-302-6-16

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On the question of responsibility for genocide and military aggression against Ukraine

Oleksandr Volodymyrovych Кonstantiy

https://doi.org/10.30525/978-9934-26-302-6-17

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Peculiarities of criminal responsibility for voluntarily leaving a military unit or place of service in the legal families of the world (Anglo-American, continental (Romano-Germanic), Far Eastern)

Olena Viacheslavivna Lenda

https://doi.org/10.30525/978-9934-26-302-6-18

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Socio-legal characteristics of the institution of legal responsibility of servicemen of the Armed Forces of Ukraine in the aspect of ensuring legality and law and order

Sergiy Mykolaiovych Melnyk, Yevhen Ivanovych Hryhorenko, Oleksandr Serhiiovych Perederii

https://doi.org/10.30525/978-9934-26-302-6-19

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The importance of military violent criminal offenses

Nazariy Serhiyovych Morozyuk

https://doi.org/10.30525/978-9934-26-302-6-20

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International information cooperation in the field of Criminalistics and forensic expertise in the field of Investigation and counteraction to war crimes

Vladyslav Valerevych Nehrebetskyi

https://doi.org/10.30525/978-9934-26-302-6-21

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Ensuring military law and order by criminal and legal influence measures under the martial law in Ukraine: problems and ways of solutions

Tetiana Bohdanivna Nikolaienko

https://doi.org/10.30525/978-9934-26-302-6-22

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Inspection of buildings and structures that were subjected to artillery shelling and bombingt during the investigation of war crimes

Yurii Oleksandrovych Pilyukov, Volodymyr Vasyliovych Yusupov, Serhii Volodymyrovych Banakh

https://doi.org/10.30525/978-9934-26-302-6-23

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Domestic legal tradition of institutionalization of military and police formations

Oleksii Stanislavovych Pronevych

https://doi.org/10.30525/978-9934-26-302-6-24

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The principle of distinction as one of the grounds for the qualification of war crimes

Iryna Romanivna Ptashnyk

https://doi.org/10.30525/978-9934-26-302-6-25

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Conflict-related sexual violence: specific aspects of criminal law enforcement

Viktoriіa Mykolaivna Rufanova

https://doi.org/10.30525/978-9934-26-302-6-26

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Investigation and determination of looting from crimes against property committed in the occupied territories of Ukraine

Ivan Serhiyovych Syvodied

https://doi.org/10.30525/978-9934-26-302-6-27

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Prosecution for the most serious international crimes committed in Ukraine during the full-scale military invasion of the aggressor country: international legal, jurisdictional and criminal procedural aspects

Maksym Ivanovych Smyrnov

https://doi.org/10.30525/978-9934-26-302-6-28

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The genesis of the concept of abduction, appropriation, extortion and other forms of appropriation of military property under the criminal legislation of Ukraine

Ganna Mykolayivna Sobko, Rostislav Dmytrovych Kit

https://doi.org/10.30525/978-9934-26-302-6-29

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Criminal and Law Aspects of Military Criminal Offenses Counteraction in the State Border Guard Service of Ukraine

Yuliia Petrivna Stepanova

https://doi.org/10.30525/978-9934-26-302-6-30

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The person of a war criminal who voluntarily left a military unit or place of service

Pavlo Ihorovych Tkachenko

https://doi.org/10.30525/978-9934-26-302-6-31

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Some issues of qualification of pollution or damage to the lands of Ukraine committed by Russian military

Vadym Heorhiiovych Khashev

https://doi.org/10.30525/978-9934-26-302-6-32

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Criminal offenses related to the evasion of conscription as acts of encroachment on the military security of Ukraine

Volodymyr Viktorovych Shablystyi, Vasyl Serhiiovych Berezniak, Roman Anatoliiovych Katorkin

https://doi.org/10.30525/978-9934-26-302-6-33

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Criminal and legal characteristics of use of weapons of mass destruction

Oleksandr Volodymyrovych Shamsutdinov

https://doi.org/10.30525/978-9934-26-302-6-34

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Criminalistics support for the investigation of military criminal offenses and war crimes: digitalization, innovations, prospects

Viktor Mykhailovych Shevchuk

https://doi.org/10.30525/978-9934-26-302-6-35

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Criminal and Legal Provision of military security of Ukraine

Oleksandr Serhiiovych Yunin, Serhii Ivanovych Shevchenko

https://doi.org/10.30525/978-9934-26-302-6-36

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Criminal characteristics of willful destruction or damage of military property

Oleksandr Oleksandrovych Yurikov

https://doi.org/10.30525/978-9934-26-302-6-37

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Author Biographies

Andrey Oleksiyovych Vyprytskyi, Dnipro University of Technology, Ukraine

Candidate of Law Sciences, Associate Professor, Associate Professor at the Department of Civil, Economic and Environmental Law

Liliia Oleksiivna Makhova, Dnipro University of Technology, Ukraine

Senior Lecturer at the Department of Civil, Economic and Environmental Law

Iryna Volodymyrivna Basysta, Lviv State University of Internal Affairs, Ukraine

Doctor of Legal Sciences, Professor, Professor at the Department of the Criminal Procedure and Criminology, Member of the Academic Advisory Council under the Supreme Court

Нanna Petrivna Vlasova, Borys Grinchenko Kyiv University, Ukraine

Doctor of Legal Sciences, Professor, Honored Worker of Science and Technology of Ukraine, Head of the Public Law Department, Faculty of Law and International Relations

Vasyl Mykolaiovych Stratonov, Kherson State University, Ukraine

Doctor of Law, Professor, Professor at the Department of National, International Law and Law Enforcement

Tetiana Serhiivna Batrachenko, University of Customs and Finance, Ukraine

Ph.D. in Law, Associate Professor, Associate Professor at the Department of Law Enforcement

Andrii Mykolayovych Blahodarnyi, National Academy of Security Service of Ukraine, Ukraine

Doctor of Legal Sciences, Professor, Professor at the Department of General Law Disciplines

Oleksandr Vitaliyovych Lysenko, National Academy of Security Service of Ukraine, Ukraine

Candidate of Philosophical Sciences, Associate Professor at the Department of Philosophy

Yuliia Yuriivna Bobrova, State Higher Educational Institution «Uzhhorod National University», Ukraine

Doctor of Juridical Sciences, Associate Professor at the Faculty of Law

Yuriy Oleksandrovych Bobrov, State Scientific Institute «Institute of Information, Security and Law of the National Academy of Legal Sciences of Ukraine», Ukraine

Сandidate of Juridical Sciences, Honored Lawyer of Ukraine, Leading Researcher of the Scientific Center

Dmytro Valeriyovych Vedeneev, Interdepartmental Scientific Research Center on Problems of Combating Organized Crime at the National Security and Defense Council of Ukraine, Ukraine

Doctor of Historical Sciences, Chief Researcher

Oleksandr Georgiyovych Semenyuk, Interdepartmental Research Center for Combating Organized Crime at the National Security and Defense Council of Ukraine, Ukraine

Doctor of Legal Sciences, First Deputy Head

Oleksandr Anatoliyovych Havrylenko, V. N. Karazin Kharkiv National University, Ukraine

Doctor of Legal Sciences, Professor at the Department of International and European Law

Tetyana Leonidivna Syroid, V. N. Karazin Kharkiv National University, Ukraine

Doctor of Legal Sciences, Head of the Department of International and European Law

Lina Oleksandrivna Fomina, V. N. Karazin Kharkiv National University, Ukraine

Candidate of Law Sciences, Associate Professor at the Department of International and European Law

Olena Ivanivna Harasymiv, Lviv State University of Internal Affairs, Ukraine

Candidate of Law Scienses, Associate Professor, Associate Professor at the Department of Criminal Procedure and Criminalistics

Sergii Ivanovych Marko, Lviv State University of Internal Affairs, Ukraine

Candidate of Law Scienses, Associate Professor, Associate Professor at the Department of Criminal Procedure and Criminalistics

Olena Vasylivna Riashko, Lviv State University of Internal Affairs, Ukraine

Candidate of Law Scienses, Associate Professor, Associate Professor at the Department of Criminal Procedure and Criminalistics

Alina Hryhorivna Harkusha, Dnipropetrovsk State University of Internal Affairs, Ukraine

Candidate of Legal Sciences, Associate Professor, Associate Professor at the Department of Criminal Procedure, Educational and Scientific Institute of Law and Training of Specialists for Units of the National Police

Olha Mykolaivna Honchar, State University of Economics and Technology, Ukraine

Lector of the Department of International Relations

Alina Volodymyrivna Hutnyk, Kalush District Police Department of Main Directorate of the National Police of Ukraine in the Ivano-Frankivsk region, Ukraine

Ph.D. in Law, Senior Operative of Criminal Police Sector

Mykola Oleksandrovych Durman, Kherson National Technical University, Ukraine

Doctor of Science in Public Administration, Professor, The Honored Worker of Education of Ukraine, Professor at the Department of Public Administration and Local Government

Olena Leonidivna Durman, Kherson National Technical University, Ukraine

Candidate of Public Administration, Docent, Assistant Professor at Department of Public Administration and Local Government

Oleksandr Serhiyovych Zubchenko, Mariupol State University, Ukraine

Candidate of Sociological Sciences, Associate Professor at the Department of Philosophy and Sociology

Мykola Ivanovych Karpenko, Ivan Cherniakhovskyi National Defence University of Ukraine, Ukraine

Dr. Ss. (Law), Associate Professor, Professor at the Faculty of Legal Support

Roman Stanislavovych Kirin, V.K. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine, Ukraine

Doctor of Legal Sciences, Associate Professor, Leading Researcher

Volodymyr Mykolayovych Korotayev, Dnipropetrovsk Research Forensic Centre of Ministry of Internal Affairs of Ukraine, Ukraine

Candidate of Legal Sciences, Associate Professor, Honored Lawyer of Ukraine, Director

Iryna Ivanivna Komarnytska, Lviv Polytechnic National University, Ukraine

Doctor of Law, Associate Professor at the Department of Civil Law and Procedure Educational and Scientific Institute of Law, Psychology and Innovative Education

Oleksandr Volodymyrovych Кonstantiy, National Transport University, Ukraine

Doctor of Legal Sciences, Professor at the Department of Constitutional and Administrative Law

Olena Viacheslavivna Lenda, National Academy of Internal Affairs, Ukraine

Postgraduate Student at the Department of Criminal Law

Sergiy Mykolaiovych Melnyk, Yaroslav Mudryi National Law University, Ukraine

Doctor of Legal Sciences, Associate Professor, Head of the Institute of Military Law

Yevhen Ivanovych Hryhorenko, Yaroslav Mudryi National Law University, Ukraine

Candidate of Legal Sciences, Associate Professor, Professor at the Department of Military Law, Institute of Military Law

Oleksandr Serhiiovych Perederii, Yaroslav Mudryi National Law University, Ukraine

Candidate of Legal Sciences, Associate Professor, Professor at the Department of Military Law, Institute of Military Law

Nazariy Serhiyovych Morozyuk, Odessa State University of Internal Affairs, Ukraine

Senior Lieutenant of Justice, Legal Adviser of the Legal Service Military Unit A0535, Postgraduate Student

Vladyslav Valerevych Nehrebetskyi, Yaroslav Mudryi National Law University, Ukraine

Ph. D. in Law, Associate Professor at the Department of Criminalistics

Tetiana Bohdanivna Nikolaienko, The Bohdan Khmelnytskyi National Academy of the State Border Guard Service of Ukraine, Ukraine

Doctor of Law, Professor, Professor at the Department of Law Theory and Criminal Procedure

Yurii Oleksandrovych Pilyukov, West Ukrainian National University, Ukraine

Candidate of Legal Sciences, Associate Professor at the Department of Criminal Law and Procedure

Volodymyr Vasyliovych Yusupov, National Academy of Internal Affairs, Ukraine

Doctor of Legal Sciences, Professor, Professor at the Department of Forensic Support and Courts Examination

Serhii Volodymyrovych Banakh, West Ukrainian National University, Ukraine

Doctor of Legal Sciences, Associate Professor, Associate Professor at Department of Criminal Law and Procedure, Dean of the Faculty of Law

Oleksii Stanislavovych Pronevych, Taras Shevchenko National University of Kyiv, Ukraine

Doctor of Legal Sciences, Professor, Professor at the Department of Service and Medical Law of the Educational and Scientific Institute

Iryna Romanivna Ptashnyk, King Danylo University, Ukraine

Candidate of Juridical Sciences, Associate Professor at the Department of Law and Public Administration

Viktoriіa Mykolaivna Rufanova, Dnipropetrovsk State University of Internal Affairs, Ukraine

Candidate of Legal Sciences, Associate Professor, Associate Professor at the Department of Criminal Law and Criminology

Ivan Serhiyovych Syvodied, Specialized Prosecutor’s Office in the Military and Defense Sphere Office of the Prosecutor General of Ukraine, Ukraine

Candidate of Legal Sciences, Doctoral Student, Associate Professor at the Department of Law Enforcement and Anti-Corruption Activities, Institute of Law named after Prince Volodymyr the Great, Interregional Academy of Personnel Management, Head of the Fourth Department Management of the Procedural Management of the Pre-Trial Investigation and Maintenance of the Public Prosecution

Maksym Ivanovych Smyrnov, National University «Odessa Law Academy», Ukraine

Candidate of Law Sciences, Associate Professor at the Department of Criminal Procedure, Detective and Search Activities

Ganna Mykolayivna Sobko, Odesa State University of Internal Affairs, Ukraine

Doctor of Legal Sciences, Associate Professor, Professor at the Department of Criminal Law and Criminology

Rostislav Dmytrovych Kit, Odessa State University of Internal Affairs, Ukraine

Postgraduate Student of Doctoral Studies and Post-Graduate Studies

Yuliia Petrivna Stepanova, National Academy of the State Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine

PhD in Law, Senior Researcher, Deputy Chief of Science Research Department

Pavlo Ihorovych Tkachenko, Dnipropetrovsk State University of Internal Affairs of the Ministry of Internal Affairs of Ukraine, Ukraine

Postgraduate Student at the Department of Criminal Law

Vadym Heorhiiovych Khashev, Dnipropetrovsk State University of Internal Affairs, Ukraine

Candidate of Legal Sciences, Associate Professor at the Department of Criminal Law and Criminology

Volodymyr Viktorovych Shablystyi, Dnipropetrovsk State University of Internal Affairs, Ukraine

Doctor of Law, Professor, Head of the Department of Criminal Law Disciplines

Vasyl Serhiiovych Berezniak, Dnipropetrovsk State University of Internal Affairs, Ukraine

Doctor of Law, Senior Researcher, Head of the Department of Criminal Law and Criminology

Roman Anatoliiovych Katorkin, Dnipropetrovsk State University of Internal Affairs, Ukraine

PhD in Law, Senior Researcher of the Scientific Laboratory of Sociological and Criminal Law Research

Oleksandr Volodymyrovych Shamsutdinov, Interagency Research Center on Problems of Combating Organized Crime at the National Security and Defense Council of Ukraine, Ukraine

Ph. D. in Law, Leading Researcher

Viktor Mykhailovych Shevchuk, Аcademician Stashis Scientific Research Institute for the Study of Crime Problems, Ukraine

Doctor of Legal Sciences, Professor, Professor at the Department of Criminalistics Yaroslav Mudryi National Law University, Leading Researcher

Oleksandr Serhiiovych Yunin, Dnipropetrovsk State University of Internal Affairs, Ukraine

Doctor of Law, Professor, Honored Worker of Science and Technology of Ukraine,
First Vice-Rector

Serhii Ivanovych Shevchenko, Dnipropetrovsk State University of Internal Affairs, Ukraine

Candidate of Law, Associate Professor, Associate Professor at the Department of Criminal and Legal Disciplines, Director of the Educational and Scientific Institute of Distance Learning and Advanced Training

Oleksandr Oleksandrovych Yurikov, National Academy of Internal Affairs, Ukraine

PhD in Law, Senior Lecturer at the Department of Criminal Law

Cover for MILITARY OFFENCES AND WAR CRIMES: BACKGROUND, THEORY AND PRACTICE

TITLE

CONTENTS

Published

May 12, 2023