Badiukov Y. Criminal and Legal Characteristics of Ill-Treatment of Prisoners of War (the Article 434 of the Criminal Code of Ukraine)

The author of the research has carried out criminal and legal analysis of ill-treatment of prisoners of war (the Art. 434 of the Criminal Code of Ukraine). The development of the injunction on the responsibility for ill-treatment of prisoners of war in historical, international and legal aspects has been traced. The author has estimated the norm on the treatment of prisoners of war according its compliance with the provisions of international law, which defines “the rules of conducting a declared war or any other armed conflict”. Characteristics of the generic and direct objects of the crime have been provided; the author has defined the range of victims of crimes, whose responsibility is stipulated by the Art. 434 of the Criminal Code of Ukraine. The blanket nature of the criminal prohibition on ill-treatment of prisoners of war has been revealed and explained. Criminal and legal content of the acts of “ill-treatment”, “negligent performance of duties in relation to the sick and injured” have been analyzed; the features of the special crime subject have been determined. The content of the features of the subjective aspect of the crimes under the Art. 434 of the Criminal Code of Ukraine has been studied and the characteristics of these features have been provided. The author has formulated recommendations for improving the legislative structure of the injunction and the practice of its application.