CRIMINAL LEGAL DEFINITION OF THE CONCEPT OF TORTURE AND DIFFERENTIAL DISTINCTION OF TORTURE FROM RELATED CRIMES

  • Alla Radzivill Kyiv University of Law of the National Academy of Sciences of Ukraine
Keywords: torture, inhuman treatment, abuse, crime, criminal liability, international experience, counteraction, court, corpus delicti, criminal law qualification, criminal code

Abstract

The article highlights the clarification and definition of criminal legal concept of torture, the study of peculiarities of this crime corpus delicti and its basic features, distinction from related categories; proposals regarding the improvement of provisions of the Criminal Code of Ukraine have been formulated. The purpose of writing this article is represented by the study and criminal legal analysis of torture (Article 127 of the Criminal Code of Ukraine), analysis of the main and qualified corpus delicti of torture under the Criminal Code of Ukraine; the identification of types, methods and ways of torture; the definition of the scientific concept of "torture" and related concepts; the determination of criteria for distinguishing the corpus delicti of torture from related crimes under the Criminal Code of Ukraine; the analysis of international legal acts aimed at protecting human rights and preventing torture and other cruel, inhuman or degrading treatment or punishment; the analysis of Ukrainian national legislation in terms of its compliance with international law in the field of protection of a person from encroachment on his/her life, health, honour and dignity, which represents torture. The methodological basis of the study is represented by a set of methods and techniques of scientific knowledge, both general and special: historical, functional analysis, system-structural, formal-logical, comparative-legal, formal-legal, generalization. The author concludes that the concept of "torture" is not clearly defined in national law, underlines the feasibility of developing a mechanism for criminal legal counteraction to torture in the context of international standards. Besides, the article highlights the norms and provisions of international-legal norms on the prevention of torture and analyzes the importance of European organizational legal mechanisms to prohibit torture.

Author Biography

Alla Radzivill, Kyiv University of Law of the National Academy of Sciences of Ukraine

Postgraduate student, Kyiv University of Law of the National Academy of Sciences of Ukraine, assistant judge of the Supreme Court, Kyiv, Ukraine

References

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Published
2020-12-02
How to Cite
Radzivill, A. (2020). CRIMINAL LEGAL DEFINITION OF THE CONCEPT OF TORTURE AND DIFFERENTIAL DISTINCTION OF TORTURE FROM RELATED CRIMES. Public Administration and Law Review, (4), 64-70. https://doi.org/10.36690/2674-5216-2020-4-64
Section
CHAPTER 2. LEGAL RELATIONS: FROM THEORY TO PRACTICE