COMPARATIVE CHARACTERISTICS OF THE LEGAL STATUS OF COMBATANTS AND MERCENARIES

Abstract

The article examines the legal status of combatants in accordance with the norms of the national legislation of Ukraine and norms of international law. The concepts of "merce-nary" and "combatant" are distinguished. A comparative characterization of the legislation of Ukraine and international humanitarian law regarding the introduction of liability for employment was carried out. The obligation to implement the norms of international law into the national legislation of the country, which were ratified by the Geneva Conventions of 1949, was emphasized.The national legislation that enshrines the right of foreign citizens and stateless persons to conclude a contract with the Armed Forces of Ukraine has been studied, and the requirements established for foreign citizens and stateless persons serving in the International Territorial Defense Legion of Ukraine have been studied. It is determined that combatants are persons who fight under responsible command, have the emblems of the branches and services of the Armed Forces, are subordinate to the state on whose side they fight and are responsible to it, openly carry weapons and comply with the laws and customs of war. It is indicated that the issues of ensuring compliance with the rules of war are of particular relevance in connection with the aggressive war unleashed on the territory of Ukraine. The authors focus on the imperfection of the criminal legislation regulating liability for espionage. According to the authors, the responsibility in case of espionage in wartime should be strengthened. It is noted that the Criminal Code of Ukraine contains an incentive provision, which indicates that a person who participated in an armed conflict, hostilities or violent actions is exempted from criminal liability, if he voluntarily ceased to participate in an armed conflict, hostilities, violent actions and reported it or otherwise contributed to the disclosure of crimes. This is an opportunity for mercenaries who have not committed murder and other crimes to avoid criminal liability voluntarily by laying down their arms. There are specially created SBU phones for this purpose.