SEXUAL VIOLENCE UNDER MARTIAL LAW IN UKRAINE: THE SITUATION AND WAYS OF INCREASING THE EFFECTIVENESS OF ITS DETECTION

Abstract

The article is devoted to coverage of the situation and determination of directions of so-lution of the problem of revealing and overcoming of facts of sexual violence in conditions of martial law in Ukraine. Emphasis is placed on the fact that the phenomena under considera-tion in Ukraine have assumed significant proportions, the identification and resolution of which has caused difficulties at the State level. Every day of the armed aggression of the Rus-sian Federation against Ukraine more and more persons, especially those in the occupied ter-ritories, are victims of sexual violence, where the Constitution of Ukraine cannot guarantee the rights of people on the one hand and restore the violated rights of victims on the other. There is a significant discrepancy between the number of cases of sexual violence and the number of persons prepared to report their circumstances. The reasons given for this alle-gation are the following: victims, witnesses of events: unable to report because they are in oc-cupied territory, forcibly removed from the State, traumatized (mental, physical). They don’t believe in the judicial perspective, the effectiveness of law enforcement agencies, especially in a situation of martial law, do not want to be publicized, judged by relatives, outsiders, etc. It is noted that psychological contact with victims of rape is complicated, including through fear and mistrust. At the same time, the behavior of the witnesses may be due to Genovese syndrome. It is therefore emphasized that without measures to provide victims and/or witnesses with the necessary level of support, the chances of obtaining information on sexual violence will be minimized. Therefore, the investigation of the investigated category of criminal pro-ductions under martial law becomes possible after the return of a lost sense of identity, control of their capabilities, including their body, safety, etc. The conclusions noted that in order to obtain the necessary and sufficient information on sexual violence, it is necessary to take measures to provide victims and/or witnesses with the necessary psychological support, medical, drug, etc. benefits. This will provide a legal as-sessment of the wrongful acts committed, which are subject to the jurisdiction of international criminal courts and tribunals, while minimizing the possibility of avoiding culpability.