General social measures to prevent forced disappearance

Abstract

The article presents a comprehensive theoretical, legal and criminological study of general social measures to prevent forced disappearance as one of the most dangerous forms of gross violation of human rights. It is substantiated that forced disappearance has a multidimensional legal nature, since it simultaneously encroaches on the right to life, freedom and personal integrity, the prohibition of torture, the right to a fair trial and the legal personality of a person. It is emphasized that in conditions of armed conflict, temporary occupation of part of the state territory and weakening of institutional control, the risks of committing such acts increase significantly, which necessitates the formation of a systematic state policy to prevent them.

Based on the analysis of international legal standards, in particular the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance, the content of the concept of "enforced disappearance" is determined and its key features are outlined. It is proven that, along with criminal legal countermeasures, general social measures aimed at eliminating the determinants of this phenomenon are of particular importance. The essence of general social prevention is revealed as a system of political, legal, socio-economic, institutional, educational and informational measures aimed at forming a safe social environment, strengthening democratic institutions and ensuring the rule of law. Their content and mechanisms of implementation in the context of modern challenges for Ukraine are analyzed. It is argued that the effectiveness of preventing enforced disappearances directly depends on the level of transparency of the activities of state authorities, the availability of effective parliamentary and public control, the independence of the judiciary, the functioning of the national preventive mechanism and the development of civil society.

The conclusion is formulated that general social measures are fundamental in the system of combating enforced disappearances, as they create basic guarantees of preventing systemic violations of human rights. The need for an integrated approach to the formation of state policy of Ukraine in this area is substantiated, taking into account the conditions of armed aggression and the needs of post-conflict reconstruction.