DEVELOPMENT OF A SYSTEM FOR PROTECTING THE RIGHTS OF WAR CRIMES VICTIMS IN UKRAINE: IMPLEMENTATION OF EUROPEAN UNION STANDARDS

Authors

DOI:

https://doi.org/10.18372/2307-9061.77.20780

Keywords:

EU law, victims’ rights, victims’ support, victims of war crime, EU integration, adaptation of the EU law

Abstract

Objective: to analyze existing and new elements of victim support systems in Ukraine, while deliberately excluding the study of their procedural rights; to determine the impact of the implementation of EU law standards on the regulation of these legal relations. Research methods: general scientific methods: induction, deduction, analysis and synthesis, generalization, comparative law. Results: it has been established that Ukraine is in the early stages of building a victim support system, and one of the key achievements is the creation of the Coordination Center for Victim and Witness Support, a specialized unit within the Prosecutor General’s Office. It has been proven that by giving priority to war crimes and international crimes, Ukraine is trying to solve the problem of delays in support measures that should have been introduced back in 2014. It has been justified that at the EU level, the fundamental framework for victims’ rights is provided by Directive 2012/29/EU (establishing minimum standards on the rights, support, and protection of victims of crime) and Directive 2004/80/EU (on compensation to victims of crime). The article identifies priority provisions for bringing Ukrainian legislation into line with these supranational norms and emphasizes the need to improve legislation in order to create a comprehensive and effective system for the protection of victims. Discussion: it has been found that the protection of victims’ rights is a constantly relevant issue in any legal system, obliging states and international organizations to respond quickly to crimes not only by punishing offenders, but also by restoring the rights of victims as much as possible through effective mechanisms. However, in practice, these mechanisms face significant obstacles, as many legal norms remain declarative and are not comprehensive. This problem is even more acute for victims of international crimes, the serious consequences of which require coordinated, specialized efforts, as is evident from the ongoing war in Ukraine. It has been concluded that the implementation of a victim-oriented approach in criminal proceedings is extremely important. This will allow us to focus not only on their procedural rights, but also on other equally important issues: legal, psychological, medical, and other forms of assistance. Harmonizing national legislation with EU standards should be an effective tool in this regard.

Author Biography

Yuliia Chystiakova, State University «Kyiv Aviation Institute»

кандидат юридичних наук, доцент кафедри теорії держави і права, конституційного та адміністративного права

References

More than 190,000 war crimes: the Office of the Prosecutor General presented to the UN Commission the scale of crimes committed by the Russian Federation against Ukraine. URL: https://gp.gov.ua/en/posts/ponad-190-tisyac-vojennix-zlociniv-ofis-genprokurora-predstaviv-komisiyi-oon-masstabi-zlociniv-rf-proti-ukrayini

See, for example: Rights of victims of violent crimes in Ukraine: international standards and national practices / Orlean A., Pavlyukovets T., Krapyvin E., Lotiuk D., Chovgan V.; edited by V. Chovgan. Kyiv: Artek Publishing House, 2020. 206 p.; Kuchynska O., Shchyhol O. Selected issues of the procedural status of victims in criminal proceedings. Bulletin of Criminal Justice. 2019. № 1. P. 18-25 etc.

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Decree No. 263 of October 28, 2024 On organizing the activities of the prosecutor’s office in matters of support for victims and witnesses. URL: https://zakon.rada.gov.ua/laws/show/v0263905-24#Text

The OGP Victim and Witness Support Center assists approximately 3,400 victims of war. URL: https://zmina.info/news/czentr-pidtrymky-poterpilyh-i-svidkiv-ogp-opikuyetsya-blyzko-3400-lyudmy/

Directive 2012/29/EU of the European Par-liament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA. URL: https://eur-lex.europa.eu/LexUriServ/LexUriServ. do?uri= OJ:L:2012:315:0057:0073:EN:PDF

Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims URL: https://eur-lex.europa.eu/eli/dir/2004/80/oj/ eng

Report on the results of the initial assess-ment of the implementation of European Union law (acquis communautaire). URL: https://eu-ua.kmu.gov.ua/wp-content/uploads/Zvit_UA.pdf

Roadmap on the rule of law. URL: https://eu-ua.kmu.gov.ua/wp-content/uploads/UA_ Dorozhnya_karta_z_pytan_verhovenstva_ prava_2.pdf

See, for example: Slobodyanyuk P. Protection of the victim’s rights to compensation for damage caused by a criminal offense. Legal Scientific Electronic Journal. 2018. No. 6. Pp. 74-78; Gribov M., Chervinsky V. Representation of victims in criminal proceedings: concept, content, problems, and ways to solve them. Bulletin of Criminal Justice. 2021. № 3–4. P. 8-21 etc.

See, for example: Neleva N. Restorative justice procedures for minors as specific components of the formation of modern juvenile justice in Ukraine. Scientific Bulletin of the International Humanitarian University. Series: Jurisprudence. 2021. № 52. P. 76-80.

EU Strategy on victims’ rights (2020-2025). URL: https://eur-lex.europa.eu/legal-content/EN/ TXT/?uri=CELEX%3A52020DC0258

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Published

2025-12-31

How to Cite

Chystiakova, Y. (2025). DEVELOPMENT OF A SYSTEM FOR PROTECTING THE RIGHTS OF WAR CRIMES VICTIMS IN UKRAINE: IMPLEMENTATION OF EUROPEAN UNION STANDARDS. Scientific Works of Kyiv Aviation Institute. Series Law Journal "Air and Space Law", 4(77), 50–57. https://doi.org/10.18372/2307-9061.77.20780

Issue

Section

THEORY AND HISTORY OF STATE AND LAW