PROBLEMS OF INVESTIGATING THE DISAPPEARANCE OF CHILDREN DURING THE PERIOD OF MARTIAL STATUS
Journal: International Scientific Journal "Internauka" (Vol.1, No. 131)Publication Date: 2022-10-31
Authors : Skrypkina Viktoriia;
Page : 102-105
Keywords : martial law; countering disappearances; children’s rights; protection of all persons from enforced or involuntary disappearances; prosecution of persons responsible for the disappearance of children;
Abstract
The article reveals the problems of investigating disappearances of children during martial law. It is emphasized that the disappearance of children creates numerous legal consequences for both children and their families. The author notes that the disappearance of children during martial law is a tool used by governments to sow fear and gain control over other populations that may oppose them. The problematic issues of the interaction of various subjects of the search for missing children in this complex and multifaceted activity have been studied. Measures to establish the location of the child were considered (collection of necessary data regarding the circumstances or reasons for the child's disappearance; informing the public about the disappearance of the person; taking into account the specifics of the case; interaction with other authorized bodies and units). The paper shows that the current Instruction on locating a child does not list all the signs of the commission of a crime regarding the disappearance of a missing person, which may be evidenced by other circumstances taking into account local characteristics (for example, the operational situation, traditions, customs). In order to put forward substantiated versions of the disappearance of children and to conclude that there are signs of a crime, it is necessary to take into account the totality of circumstances and their logical relationship. The authors justified the feasibility of creating the «Children of War» platform in Ukraine, which records the number of missing children during a full-scale invasion. It was concluded that the activity of this mechanism is aimed at establishing the fate or location of the child regardless of the conditions and the period that has passed since the person's disappearance, provided that domestic legislation is brought into line with international standards.
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Last modified: 2022-12-23 18:46:15