Problems of criminal responsibility for illegal deportation of children

This article is concerning on the actual problem of criminal responsibility for illegal deportation of children. It has been stressed by the author that illegal deportation of children is of particular concern, although it is almost impossible to document and establish the total number of such cases at the occupied territories. Certain problems arise in the qualification of such encroachments under the Criminal Code of Ukraine, which should be taken into account when developing the draft of a new one. An emphasis has been made upon the definition of the term of “child” in international law and national legislation. It has been established that international law has a clear mechanism for the protection of children’s rights against illegal displacement or deportation. It has been also noted that the national legislation has an acute problem in the regulation of the use of the terminology “deportation”, “forcible displacement” and “illegal removal” and the definition of criteria for their distinction. An analysis of the provisions of the drafts of Law of Ukraine “On Amendments to the Criminal Code of Ukraine and other legislative acts of Ukraine regarding forcible displacement of a person in conditions of armed aggression” (Reg. No. 8326 dated 12/30/2022) and Law of Ukraine “On Amendments to the Criminal Code of Ukraine regarding forcible displacement of a person outside the territory of Ukraine” (Reg. No. 9204 dated 04/13/2023) has been made, their shortcomings have been indicated. It has been demonstrated that the Article 11.5.11. “Illegal abduction of a child” of the draft of the Criminal Code refers to the abduction of a child. The main direct object of such criminal act is the freedom of the child, which proves that this act cannot be attributed to Book Eleven. “Crimes against the international legal order” of the draft of the Criminal Code. Based on the results of the study, it has been concluded that the illegal deportation of children poses a threat to the national security of Ukraine; the necessity of further scientific development of this issue has been augmented