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1

GRIGORYAN, Hayk. "Complicity and the Doctrine of “Command Liability” for Committing War Crimes." WISDOM 17, no. 1 (March 21, 2021): 170–82. http://dx.doi.org/10.24234/wisdom.v17i1.468.

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The article analyzes the mechanisms of bringing the servicemen of the opposing party of the armed conflict to criminal responsibility through the doctrines of “joint criminal enterprise” and “command responsibility”, which are dealt with International criminal law considering that the acts committed by this category of persons are usually subject to investigation by international bodies of criminal justice on the basis of definitions developed by international practice. The analysis carried out by the author enables to propose scientifically substantiated recommendations on the qualifications of acts committed by servicemen of the opposing party of the armed conflict that constitutes corpus delicti of various war and international crimes.
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2

Agapova, O. "FORENSIC SCIENCE IN CASES OF MILITARY ADMINISTRATIVE OFFENCES COMMITTED BY SERVICEMEN OF NATIONAL GUARD OF UKRAINE." Theory and Practice of Forensic Science and Criminalistics 19, no. 1 (June 2, 2019): 202–11. http://dx.doi.org/10.32353/khrife.1.2019.15.

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Scientific problem definition. The article is devoted to the investigation of types of military administrative offenses committed by servicemen of the National Guard of Ukraine and the possibility of specific expertise use while hearing such cases. The author analyzed the judicial practice, which became the basis for concluding the possibility of appointing different types of forensic examinations in the proceedings on cases of military administrative offenses provided for in Chapter 13-B Code of Ukraine on Administrative Offenses. The purpose of the article is to determine forensic examination as a means of establishing the truth in cases of military administrative offenses committed by servicemen of the National Guard of Ukraine. Main research results. Working out various scientific works concerning the problem of establishing the responsibility of servicemen of the National Guard of Ukraine for military administrative offenses, allowed to determine the object of military administrative offenses provided for in art. 172-10-172-17, 172-19-172-20 Code of Ukraine on Administrative Offenses. The author emphasizes the fact that not all subjects of forensic expert activity, listed in art. 7 of the Law of Ukraine «On Forensic Examination» carry out forensic expert activity in cases on military administrative offenses, in case the offender in the case serves a serviceman of the National Guard of Ukraine. Conclusions. It was emphasized that in cases concerning military administrative offenses committed by servicemen of the National Guard of Ukraine. can be assigned /ordered to conduct forensic, commodity, military expertise, as well as forensic medical expertise in individual cases.
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3

Kuznetsov, V. "Criminal and legal protection of the authority of department of state guard of Ukraine: to the question." Herald of criminal justice, no. 4 (2019): 79–88. http://dx.doi.org/10.17721/2413-5372.2019.4/79-88.

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The article deals with the issues of the modern criminal and legal protection of the authority of the Department of State Guard of Ukraine (DSGU). The analysis of modern scientific works on related issues allowed us to conclude about another subject of their research (issues of administrative and legal regulation of the DSGU activity, criminal and legal protection of state security activities, criminal and legal protection of the law enforcement officers in general). It is stated that the criminal and legal standards that ensure the protection of servicemen of the DSGU from criminal encroachments have not been the subject of separate scientific researches. The purpose of the article is to identify the main problematic issues that arise in the regulation of criminal and legal protection of the authority of the DSGU. The article substantiates that the criminal and legal protection of the authority of the DSGU is achieved through the criminal and legal protection of the rights and freedoms of servicemen and employees of the DSGU in connection with the implementation of state protection. The following provisions are based on the following hypotheses: 1) it is impossible to limit in criminal and legal protection only general constitutional rights and freedoms (for example, life or health) of servicemen and employees of the DSGU; 2) criminal and legal protection of the authority of DSGU is carried out precisely in connection with the performance of certain official duties by the employees and servicemen of the DSGU; 3) special victim of crime is not only a serviceman but also an employee of the DSGU; 4) separate place is occupied by crimes committed by the servicemen of the DSGU against the same persons. This category of criminal offenses against the procedure established by law for servicemen or passing military service is classified in another legal category of «military crimes». Based on the foregoing, the following conclusions are proposed: 1) requires a modern scientific research of modern criminal and legal protection of the authority of the DSGU; 2) criminal and legal protection of the authority of the DSGU is achieved through the criminal and legal protection of the rights and freedoms of servicemen and employees of the DSGU in connection with the implementation of state protection; 3) all crimes committed against the rights and freedoms of servicemen and employees of the DSGU should be divided according to such objective and subjective elements (signs) as the generic object of the crimes, the purpose, motive and the subject of the crime; 4) considering the organic unity of such forms of committing crime, such as the threat of destruction or damage to property and the immediate destruction or damage of property, it is proposed to provide for criminal liability for such a threat in Part 1 of Art. 347 of the Criminal Code of Ukraine (effective Part 1 of Art. 347 of the Criminal Code of Ukraine to provide in Part 2, and Part 2 – in Part 3).
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4

Patrylak, I. ""I'D PREFERRED TO BE KILLED AT THE FRONT THAN TO LIVE THIS WAY…": "SILENCING" LETTERS IN THE SOVIET UKRAINE (based on reports of the USSR'S committee for state security concerning perlustration of the private correspondence in december 1945 – february 1947)." Bulletin of Taras Shevchenko National University of Kyiv. History, no. 132 (2017): 34–39. http://dx.doi.org/10.17721/1728-2640.2017.132.1.07.

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In this paper we summarized documents concerning the perlustration of private correspondence received and sent by servicemen from December, 1945 to February, 1947. These documents are to be found in analytical reports of People's Commissariat/Ministry of State Security of USSR. The military censorship stations were working up about 5 millions letters a month. Their reports on the perlustrated civilian and military correspondence reveal the most feared and annoying topics for Soviet authorities, as well as topical problems of population in the home front, of servicemen and students of fabric schools, of ex-servicemen and disabled soldiers. From these reports we also get know about the monthly quantity of confiscated and edited by censors letters. Numerous quotes from confiscated and "edited" letters that we found in reports of the Ministry of State Security let us to have a look at the inner world of average Soviet citizens. It is usually impossible to immerse in the everyday life of that period in absence of memoirs, diaries and authorized interviews. So we can conclude that these reports enrich substantively our knowledge about "fear of authorities" and other feelings and moods of the Ukrainian society of the first postwar months.
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5

Brennan, Niamh. "A political minefield: southern loyalists, the Irish Grants Committee and the British government, 1922–31." Irish Historical Studies 30, no. 119 (May 1997): 406–19. http://dx.doi.org/10.1017/s0021121400013225.

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All classes of the loyalist community ... [are] victims.Irish Grants Committee report, 3 Nov. 1930I‘A considerable number [of refugees] have left on a plea of compulsion without any justification whatever for that plea,’ declared the secretary to the Provisional Government in 1922, referring to the departure from the twenty-six-county area of disbanded members of the R.I.C., British ex-servicemen and civilians believed to have been loyal to the British régime in Ireland. Such a claim was greeted with scant belief in Britain in the spring of 1922 as perhaps as many as 20,000 people, some with their entire families, arrived on British shores and were given refugee status by the British government through its Irish Distress Committee, founded to aid Irish loyalist victims of the Civil War. The committee first sat in May 1922 under the chairmanship of Sir Samuel Hoare, a Conservative, and its function was to give loans of money to refugees from Ireland until they either found work in Britain or decided it was safe to return home. At first it had a budget of £10,000, which was fairly meagre, even by the standards of the early 1920s, considering that it dealt with 3,349 applicants in its first six months. Relief was available to claimants through loans and grants. Even at that early stage when the Civil War was far from over, the Irish Distress Committee realised that its work ‘only touches the fringe of the bigger question of compensation’, though perhaps it did not realise just how big that question was to be in the aftermath of Irish independence.
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6

Kotsyuba, S. A. "Ensuring human rights during search in the investigation of misappropriation of firearms commited by servicemen." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav spec_3, spec_3 (December 1, 2018): 259–62. http://dx.doi.org/10.31733/2078-3566-2018-5-259-262.

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7

Troshina, Tatyana I. "February 1920 in the Arkhangelsk Gubernia: Chain Reaction of the “Bloodless Revolution” in Arkhangelsk." Herald of an archivist, no. 1 (2021): 259–74. http://dx.doi.org/10.28995/2073-0101-2021-1-259-274.

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The article analyses the situation in Arkhangelsk when the Armed Forces of the Northern Region were preparing to leave the region, after the majority of the population of the gubernia (via delegates of the Zemstvo-city assembly) had expressed their desire to make peace with Soviet Russia. All garrisons and front-line units received an order to leave warehouses with weapons and food in the hands of local authorities and those of military servicemen who wished to stay; those who wished to leave were to move in an orderly manner towards railway for evacuation. The original plan was violated, since most military units reacted negatively to the order to retreat. Uprising began in order to prevent the departure of the main forces. In these circumstances, the command announced dissolution of the disciplined units, offering them to leave voluntarily for the West (to Murmansk, and from there to Norway). Thus, the servicemen were disorganized and fell prey to the “military revolutionary committees” that were springing up on the ground. The goals of these organizations were to “restore the Soviet power” and to disarm those few volunteer units that did not want to capitulate before the arrival of the Red Army. Military revolutionary committees co-opted most authoritative local figures into their memberships and transformed into “revolutionary committees,” which were to maintain order and to prepare grand welcome for the Red units. Before decisions were made at the command level, fraternization began at the front and later delegations exchange between military units on opposite sides of the front. Scanty and scattered sources, on the basis of which the described events have been reconstructed, show that the role of garrisons in the "change of power" was less significant in the uezd centers located far from the front line. The local community sought to create loyal new government as it had happened several times in 1917 and in 1918: by peacefully transferring their power to the “Soviets of deputies” in a manner similar to the transfer of power to the “Zemstvo bodies” in August 1918. The material of the article and its main conclusions provide an opportunity to take a fresh look at the seemingly well-known events of the Civil War, namely, “the liberation of the Soviet North from the White Guards.”
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8

Dykstra, Robert R. "Evident Bias in Thomas J. Kehoe and E. James Kehoe, “Crimes Committed by U.S. Soldiers in Europe, 1945–1946”." Journal of Interdisciplinary History 47, no. 3 (November 2016): 381–84. http://dx.doi.org/10.1162/jinh_c_01016.

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The horrifying record of rape by Soviet troops in postwar Germany has long been a matter of record. What is new is the argument that the behavior of American GIs in the European Theater of Operations was little better than that of the Russians. Inspired by a new study alleging that some 190,000 German girls and women were raped by U.S. servicemen, the Kehoes maintain that official military statistics from 1945-46 confirm such high levels of sexual predation. It can now be said with confidence, they assert, that “U.S. soldiers raped and assaulted civilians with frightening abandon.” Yet this generalization and others like it are not supported by the authors’ own data, which instead repeatedly display low rape figures. The Kehoes’ reliance on theorizing to overcome this deficiency is clearly unconvincing.
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9

Hao, Xiaoyang. "What Is Criminal and What Is Not: Prosecuting Wartime Japanese Sex Crimes in the People's Republic of China." China Quarterly 242 (February 11, 2020): 529–49. http://dx.doi.org/10.1017/s0305741019001085.

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AbstractThe Chinese Communist Party (CCP) prosecuted Japanese military servicemen for war crimes committed during and after the Sino-Japanese War. This paper examines written confessions left by those Japanese war crimes suspects and considers to what extent they were used by the CCP to prosecute sexual violence during the trials. The historical analysis is contextualized by an examination of the representation of the CCP's legal approach to sexual violence in articles from the People's Daily. This paper finds that although accounts of sexual violence are found in the confessions written by suspected Japanese war criminals, the courts did not make rape a focal point of the prosecutions and did not pursue the so-called “comfort women” issue. Furthermore, no victim of rape was called to testify before the court. The CCP's approach to the issue of sexual violence in the 1956 trials closely corresponded to the discourse and propaganda in the People's Daily.
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10

Grieves, Keith. "Common Meeting Places and the Brightening of Rural Life: Local Debates on Village Halls in Sussex after the First World War." Rural History 10, no. 2 (October 1999): 171–92. http://dx.doi.org/10.1017/s0956793300001771.

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In the burgeoning literature on war memorials and the commemoration of the war dead in Britain after 1918, the growth of village halls in rural areas has not been extensively analysed. K.S. Inglis has alerted us to the dichotomy of monuments to mourn the dead and amenities to serve the living. He noted that where a preference was made for utility over monumentality, local war memorial committees did not confine their attention to commemorating those who died on active service and made the Great Sacrifice, but also had in mind those who served and returned. The complex locally-determined processes of negotiating ways which would bring solace or comfort to the bereaved, through the creation of an object of mourning, has been examined with great care and detail, but analysis of urban-centred initiatives predominates.Consequently, the linkage which might be made between the experience of war and the participation of ex-servicemen in village war memorial debates, the demise of old elites and the quest for improved social and material conditions in rural areas, the diminishing support for parish churches as the focal point of community life and the emergence of undenominational social centres, all point towards the need for further examination of the proceedings of local committees, where parish records allow. As British participation in the Great War contained the powerful rhetoric of a religious crusade and was not connected to the improvement of social conditions until the publication of war aims in January 1918, many committees gave priority to the creation of sacred objects of mourning, with much use of exhortatory moral language and Christian iconography.
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11

Syvoded, Ivan. "Features of the investigation of intentional killings of servicemen which were committed during combating uses with the use of explosive explosives." Aktual’ni problemi pravoznavstva 1, no. 1 (2021): 133–39. http://dx.doi.org/10.35774/app2021.01.133.

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12

Madigan, Edward. "‘An Irish Louvain’: memories of 1914 and the moral climate in Britain during the Irish War of Independence." Irish Historical Studies 44, no. 165 (May 2020): 91–105. http://dx.doi.org/10.1017/ihs.2020.7.

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AbstractWhen the British government declared war against Germany in August 1914, a great drive to gain popular support by presenting the conflict to the public as a morally righteous endeavour began in earnest. Stories of German violence against French and Belgian civilians, largely based in fact, were central to this process of ‘cultural mobilisation’. The German serviceman thus came to be widely regarded in Britain as inherently cruel and malevolent while his British counterpart was revered as the embodiment of honour, chivalry and courage. Yet by the autumn of 1920, less than two years after the Armistice, the conduct of members of the crown forces in Ireland was being publicly drawn into question by British commentators in a manner that would have been unthinkable during the war against Germany. Drawing on contemporary press reports, parliamentary debates and personal narrative sources, this article explores and analyses the moral climate in Britain in 1920 and 1921 and comments on the degree to which memories of atrocities committed by German servicemen during the Great War informed popular and official responses to events in Ireland.
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13

Destenay, Emmanuel. "“Nobody's Children”? Political Responses to the Homecoming of First World War Veterans in Northern and Southern Ireland, 1918–1929." Journal of British Studies 60, no. 3 (June 7, 2021): 632–57. http://dx.doi.org/10.1017/jbr.2021.61.

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AbstractAt the time when Irish veterans of the Great War were being demobilized, Ireland was in a period of profound social, political, and cultural change that was irreversibly transforming the island. Armistice and the veterans’ relief at having survived the conflict and being back with family could not eclipse the overwhelming political climate they met on their homecoming. This article draws on the 1929 Report by the Committee on Claims of British Ex-servicemen, commissioned by the Irish Free State to investigate whether Irish veterans were discriminated against by the Southern Irish and British authorities. The research also makes use of a range of underexploited primary sources: the Liaison and Evacuation Papers in the Military Archives in Dublin, the collection of minutes of the Irish Sailors’ and Soldiers’ Land Trust in the National Archives in London, and original material from the Public Record Office of Northern Ireland and the National Archives of Ireland relating to economic programs for veterans. A comparative approach of to the respective demobilizations of veterans in Northern and Southern Ireland in the 1920s reveals that disparities in formal recognition of their sacrifice and in special provision for housing and employment significantly and painfully complicated their repatriation.
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14

Oxman, Bernard H., and Annalisa Ciampi. "NATO Status of Forces Agreement—primary right to exercise jurisdiction—offenses committed in performance of official duty—judicial review of characterization of such offenses—double jeopardy." American Journal of International Law 93, no. 1 (January 1999): 219–24. http://dx.doi.org/10.2307/2997966.

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Public Prosecutor v. Ashby. Judgment No. 161/98.Court of Trento, Italy, July 13, 1998.On February 3, 1998, a U.S. Marine EA-6B aircraft, redeployed at Aviano air base as part of Operation Deliberate Guard in support of the multinational Stabilization Force (SFOR) in Bosnia, was on a low-level training mission over northern Italy when it severed the wires of the cable car at the Cermis ski resort near Cavalese, causing the deaths of twenty people. Because the exercise of criminal action is mandatory under Article 112 of the Italian Constitution, the public prosecutor decided that he had to institute preliminary investigations immediately, with a view to determining whether to prosecute. On July 13, 1998, an Italian judge, in a preliminary hearing, rejected the prosecutor's request that seven U.S. servicemen stand trial for the cable-car accident. The judge found that, under Article VII, paragraph 3(a) (ii) of the NATO Status of Forces Agreement (NATO SOFA), the United States, as the sending state, had the primary right to exercise jurisdiction over the case and that jurisdiction had not been waived. Accordingly, the judge dismissed the case.
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Bennett, Alexander N., Daniel Mark Dyball, Christopher J. Boos, Nicola T. Fear, Susie Schofield, Anthony M. J. Bull, and Paul Cullinan. "Study protocol for a prospective, longitudinal cohort study investigating the medical and psychosocial outcomes of UK combat casualties from the Afghanistan war: the ADVANCE Study." BMJ Open 10, no. 10 (October 2020): e037850. http://dx.doi.org/10.1136/bmjopen-2020-037850.

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IntroductionThe Afghanistan war (2003–2014) was a unique period in military medicine. Many service personnel survived injuries of a severity that would have been fatal at any other time in history; the long-term health outcomes of such injuries are unknown. The ArmeD SerVices TrAuma and RehabilitatioN OutComE (ADVANCE) study aims to determine the long-term effects on both medical and psychosocial health of servicemen surviving this severe combat related trauma.Methods and analysisADVANCE is a prospective cohort study. 1200 Afghanistan-deployed male UK military personnel and veterans will be recruited and will be studied at 0, 3, 6, 10, 15 and 20 years. Half are personnel who sustained combat trauma; a comparison group of the same size has been frequency matched based on deployment to Afghanistan, age, sex, service, rank and role. Participants undergo a series of physical health tests and questionnaires through which information is collected on cardiovascular disease (CVD), CVD risk factors, musculoskeletal disease, mental health, functional and social outcomes, quality of life, employment and mortality.Ethics and disseminationThe ADVANCE Study has approval from the Ministry of Defence Research Ethics Committee (protocol no:357/PPE/12) agreed 15 January 2013. Its results will be disseminated through manuscripts in clinical/academic journals and presentations at professional conferences, and through participant and stakeholder communications.Trial registration numberThe ADVANCE Study is registered at ISRCTN ID: ISRCTN57285353.
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16

Boczar, Amanda. "Uneasy Allies." Journal of American-East Asian Relations 22, no. 3 (October 14, 2015): 187–220. http://dx.doi.org/10.1163/18765610-02203003.

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Relations between u.s. servicemen and Vietnamese civilians represent one of the most persistent cultural legacies of the Vietnam War. From brides to bar girls to crass film tropes of Vietnamese sex workers, women occupy a prominent place in the war’s memory. At the time, however, the media and u.s. government officials portrayed sex as a subtext to the larger conflict. From the outset, officials on all sides of the negotiating table struggled over how to contain the diverse impacts of the relationships on health, security, and morale. Prostitution played a central role in the debate. u.s. officials attempted to discount the significance of their impact on foreign relations and warfare, but social relationships indeed had an impact on how Americans engaged Saigon’s leaders. While scholars typically have shown the United States as the dominant power in Vietnam, sexuality became a somewhat level playing field where both governments feared the repercussions of limiting intercultural intimacy as much as they feared letting it continue. At first, the Saigon government enacted strict laws and attempted to prosecute violators, but never committed to eradication. By the war’s height u.s. officials adopted rigorous new programs which led to an Americanization of sexual and social policies regarding prostitution in Vietnam.
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17

Strods, Kaspars. "CRIMINALITY IN LATGALE IN THE REFLECTION OF THE NEWSPAPER “LATGOLAS WÒRDS” (1919–1921)." Via Latgalica, no. 11 (February 20, 2018): 45. http://dx.doi.org/10.17770/latg2018.11.3070.

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After the end of the Latvian War of Liberation (1918–1920) and the liberation of Latgale from the Bolsheviks, everyday life started to improve gradually, however, due to various objective circumstances (the geographical position – the border with the Soviet Russia, the presence of various criminal elements, relocation of refugees and several socio-economic factors such as unemployment, poverty, etc.), the region was still highly criminal. Processes and events including criminal offenses occurring in the territory of Latvia were reflected in various state and regional newspapers. The largest regional newspaper was “Latgolas Wòrds”, published by the Latgalian Christian Farmers’ Union, which eventually became an independent source of information for a large part of the population of Latgale. The aim of the study is to identify the main trends of criminality in the territory of Latgale as reflected in the newspaper “Latgolas Wòrds” (1921–1921). The content of publications under analysis indicates that there were various crimes committed (including murder, robbery, theft, etc.); the selected publications also reveal the overall socio-economic situation in the region during this period. The rapid spread of crime in the rural areas testifies to the socio-economic problems experienced by the population of Latgale (unemployment, devastated farms, the overall food deficit, etc.). Similarly, the publications outline the social portrait of criminals: among them there were socially disadvantaged people (rural population, etc.) and servicemen of different armies. Active or passive participation of certain social groups (soldiers, police officers, etc.) in committing crimes indicates not only certain problems in the activities of the Latgalian security institutions, but also in the general trends typical of the Latvian state on the whole. It should be noted that the news displayed in the newspaper can hardly be perceived as an opinion of the general public, but rather as an interpretation of events by a certain group or its representatives.
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18

Pinchuk, I., S. Boltonosov, N. Atamanchuk, N. Stepanova, Y. Yachnik, A. Vitrenko, N. Gunko, and K. Loganovskyi. "STUDY OF SUICIDE BEHAVIOR IN JOINT FORCE OPERATION VETERANS IN EASTERN UKRAINE AND IN LIQUIDATORS OF THE CONSEQUENCES OF THE CHORNOBYL ACCIDENT." Проблеми радіаційної медицини та радіобіології = Problems of Radiation Medicine and Radiobiology 25 (2020): 230–48. http://dx.doi.org/10.33145/2304-8336-2020-25-230-248.

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The article is devoted to the problem of completed suicides among veterans of the Joint Forces for National Security and Defense operation in Donetsk and Luhansk regions (JFO) and liquidators of the consequences of the Chornobyl accident (LCCA). The results of the analysis of surveys of families and close associates of JFO veterans who committed a completed suicide in the period 2014–2019 are presented. The survey was conducted as part of criminal proceedings initiated on the facts of suicide. Objective: to analyze the current dynamics of suicidal behavior in veterans of JFO and the impact of psychosocial factors on its development and compare with the relevant indicators among LCCA at the Chornobyl nuclear power plant. Materials and methods: 175 questionnaires are presented, socio-demographic characteristics are compiled and psychosocial factors that influenced the development of suicidal behavior in environmental protection veterans are identified. An analysis of the status of such studies among liquidators of the Chornobyl accidents. Results: the data analysis of suicidal behavior in veterans of environmental protection, the impact on its development of psychosocial factors and comparison with the indicators among LCCA at the Chornobyl Nuclear Power Plant. Conclusions: The results of the study show that in emergency situations, mostly men from all regions of the country, both professional servicemen and civilians, are involved in its elimination. It has been proven that while performing their official duties, the veterans of JFO and LCCA at the Chornobyl nuclear power plant experienced mental stress. But most of them, returning home, did not seek medical treatment, prevent the development of diseases and their complications and remained for a long time without proper medical, social and psychological care. Key words: completed suicides, suicidal behavior, psychosocial factors, veterans of environmental protection, liquidators of the Chornobyl accident.
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19

Sarnavskyi, Oleksandr. "Differentiation of criminal liability for war crimes." Legal Ukraine, no. 6 (July 17, 2020): 55–61. http://dx.doi.org/10.37749/2308-9636-2020-6(210)-7.

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The article is devoted to the study of the system of means of differentiation of criminal liability for war crimes provided by the General and Special Parts of the Criminal Code of Ukraine. An analysis of the norms of the institute of release from punishment and its serving, the institute of criminal record, which reduced the criminal-legal influence on servicemen who committed war and general criminal offenses. A comprehensive analysis of the norms of military legislation and the norms of the institute of criminal responsibility and punishment of minors on the expediency of mitigating the liability of minors. Prevention and counteraction to crimes against the established order of military service (war crimes) is one of the areas of criminal law policy of the state. Responsibility for committing this category of crimes is provided by the norms of Section XIX of the Criminal Code of Ukraine (hereinafter – the Criminal Code of Ukraine). These norms provide criminal protection of a wide range of content and scope of public relations. The legislator as a subject of differentiation of criminal responsibility has created in the General and Special parts of the criminal law a system of means of differentiation of criminal responsibility for war crimes. However, the analysis of this system, conducted through the prism of the implementation of the principle of justice in its criminal law, provides grounds for some unbiased criticism. The purpose of this article is to examine the system of means of differentiation of criminal liability for war crimes provided by the General and Special Parts of the Criminal Code of Ukraine and to suggest ways of its legislative improvement. Key words: differentiation of criminal responsibility, war crimes, limits of criminal-legal influence, punishment, criminal record, serviceman, military service.
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Shamrey, V. K., and K. V. Dnov. "Issues of prevention of suicidal behavior in the Armed Forces of the Russian Federation." Bulletin of the Russian Military Medical Academy 21, no. 2 (December 15, 2019): 74–77. http://dx.doi.org/10.17816/brmma25923.

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The issues of prevention of suicidal incidents in the Armed Forces of the Russian Federation are considered. The analysis of suicide prevalence among military personnel of various categories and their prevailing causes for the period from 2013 to 2017 is indicated. Indicates a change in the percentage ratio of various categories of military personnel who committed suicide, with a steady increase in the proportion of privates and sergeants serving in military service under the contract (from 24,6% in 2011 to 57,4% in 2017). It was established that among the servicemen under the contract family and everyday reasons for suicide prevailed, while conscripts were military professional. A comparison was also made of the long-term (2007-2017) dynamics of suicide rates and the incidence of mental disorders among military personnel, and certain patterns were identified. Thus, in the group of officers and ensigns, a significant correlation was noted between the long-term dynamics of suicide rates with neurotic (r=0,74) and addictive disorders (r=0,86), as well as general mental morbidity (r=0,83), and for conscripts, with personality disorders (r=0,79) and organic mental disorders (r=0,71). A comparison of the long-term dynamics of the overall incidence of mental disorders and the suicide rate among conscripts also showed a positive correlation (r=0,69). Analyzed the system of prevention of suicidal incidents in military personnel, which currently exists and proposed measures for its improvement, including the areas of activity of officials for the prevention of suicidal incidents in the military. It also indicates the need to shift the focus from specific prevention (direct detection and prevention of suicidal actions in military personnel with mental disorders) to non-specific (prevention of general mental distress and suicidal tendencies in mentally healthy people).
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Filonenko, S. S. "ADMINISTRATIVE AND LEGAL MECHANISM OF PREVENTING THE SUICIDE IN UKRAINE." Legal horizons, no. 19 (2019): 87–93. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p87.

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The article focuses on the study of suicide worldwide and Ukraine in particular. The phenomenon of suicide is relevant in all corners of the world, it affects people of all nations, cultures, religions, articles, and classes. The scientific community in many countries around the world demonstrates indifference to the problem of suicide; Accordingly, suicide is gradually becoming one of the leading causes of death worldwide. Thus, suicide ranks 15th among the leading causes of death. WHO statistics show that suicide is committed twice as often as murder, and emphasizes that this phenomenon is global and reaches critical levels every year. We have analyzed the regulatory framework for suicide at the global level. For example, over the last decades, since 2000, due to the incredible efforts of WHO, this problem has begun to receive national attention. In the developed world, many regulations on suicide prevention have been developed and adopted. In the course of scientific research, we found out that suicide and Ukraine is the seventh cause of death, which confirms the criticality of the problem and the need for its fastest solution. We believe that there is a need today to support such categories of persons as children and young people, servicemen, convicts, and the elderly. The article examines the experience of such foreign countries as the USA, Azerbaijan, Israel, Canada, Australia, New Zealand, Great Britain, and other European countries of the world. Finding out what prevention and prevention measures they have implemented in national suicide prevention programs, we see the possibility of their implementation in Ukraine and are convinced of their effectiveness. According to the results of scientific research, we will develop an administrative and legal mechanism for suicide prevention in Ukraine, which can work if all the steps of the algorithm for reducing suicide rates are fulfilled. Keywords: suicide, administrative and legal mechanism, the algorithm of actions, statistics, suicide rate.
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Kaznacheyev, Dmytro, and Olena Lopayeva. "Ways of improvement military-combat activity of law enforcement units in Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 90–95. http://dx.doi.org/10.31733/2078-3566-2020-3-90-95.

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The article analyzes the features of service and combat activities of law enforcement forces in Ukraine, mistakes were made during the professional training of personnel. The concept of essence and maintenance of service and combat activity of law enforcement agencies depending on their specificity is given. The description of the directions of improvement of service and combat activity of law enforcement forces in Ukraine is carried out, the substantiation of advantages and disadvantages of these directions in modern conditions is given. Emphasis was placed on improving the service and combat activities of law enforcement forces in Ukraine through the wider application of international regulations and sources of international law, especially those UN General Assembly resolutions on the conduct of law enforcement officials and the basic principles of force and firearms by officials. to maintain law and order, which may vary depending on the national legal system. An analysis of violations of the law committed in the performance of certain combat missions, which mostly occur in cases where law enforcement officers and servicemen in the performance of urgent actions are guided only by the early detection or cessation of offenses, detention or delivery of offenders, restoration of violations. citizens, elimination (minimization) of the consequences of a certain emergency situation. It is noted that in most cases illegal actions are manifested in unreasonable restrictions on the rights and freedoms of citizens, unjustified inspections, detentions and searches, biased, untimely or incomplete information about the results of measures taken, and sometimes - drawing up documents with inaccurate data and falsification of evidence. In view of this, it is necessary to develop theoretical and practical problems of combat training in the framework of the action plan for the implementation of the concept of law enforcement, which provides for the improvement of the existing training system. Fundamentally new requirements for the quality of personnel training require a revision of the existing model of service and combat training in educational institutions with specific training conditions.
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Shamrai, B. M. "FOREIGN EXPERIENCE OF MILITARY COURT FUNCTIONING AS A CONDITION OF GUARANTEE OF THE CONSTITUTIONAL RIGHT OF MILITARY SERVICES." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 24–27. http://dx.doi.org/10.15421/391950.

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The article examines the experience of military courts functioning in guaranteeing the right to judicial protection to military personnel in foreign countries of the world. The countries in which the military courts operate are highlighted and the activities of these courts are analyzed in countries such as: United States of America, United Kingdom and Federal Republic of Germany. It has been found out that the presence of military courts in foreign countries is conditioned by the fact that military personnel as persons with special legal status are subject to military law in addition to general law. It has been established that the protection of the rights and freedoms of servicemen in the leading countries of the world through judicial protection is becoming more and more universal, which is explained by the high degree of democratic trial and based on the principles of court independence, transparency and openness. The analysis of the national legislation, first of all, of the Constitution of Ukraine and the Law of Ukraine «On Judiciary and Status of Judges» of June 2, 2016 № 1402-VIII and considered the feasibility of functioning during a special period under the conditions of the operation of the United Forces in the system of judicial system of Ukraine military courts whose competence will be to hear cases in criminal proceedings concerning war crimes committed by military personnel, which will facilitate the practical implementation of the guarantees of the rights and freedoms of military personnel and maintaining law and order in the troops. It is established that for the effective implementation of the constitutional right of military personnel to judicial protection, especially during the special period and increasing the number of the Armed Forces of Ukraine and other military formations, the positive experience of the leading countries in which the judicial authorities act as a real guarantor of the protection of rights and freedoms is essential military personnel whose experience can be applied in Ukraine. On the basis of the conducted research the author emphasizes that military courts are a real guarantee of protection of the rights and freedoms of persons who pass military service and the possibility of applying foreign experience in Ukraine.
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Ilchenko, O. V., and A. O. Taranchenko. "Prosecutorial oversight of the rule of law during the investigation of war crimes." Legal horizons, no. 24 (2020): 97–101. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p97.

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The article is devoted to the activities of the prosecutor's office in the military sphere. The historical aspects of the formation of the prosecutor's office were noted in the work. The issue of reorganization of the prosecutor's office in relation to its activities in the military sphere, which is reflected in the liquidation of military prosecutor's offices, was also studied and covered. The Prosecutor's Office of Ukraine is the only centralized system entrusted with the performance of functions aimed at ensuring legality. The procedure for performing these functions must clearly comply with the law and the basic principles of the prosecutor's office. The role of the prosecutor's office is extremely important, because it is an effective tool for strengthening the rule of law, which determined the development of the rule of law. The activities of the prosecutor's office in the military sphere are extremely important, especially given the difficult political situation in Ukraine. In the context of armed conflict, the number of war crimes, which have always been investigated by military prosecutors, is growing significantly. All security and defense reforms must take into account the situation in Ukraine, in particular, taking into account the existing military threats from Russia. Occupation of Luhansk and Donetsk regions, annexation of Crimea, armed aggression of the Russian Federation, sabotage and reconnaissance activities, accumulation of military formations near the border of Ukraine - all these are urgent threats to the defense and national security of Ukraine. A number of arguments were presented that prove the inexpediency of such a reorganization. The international experience on the example of the leading countries of the world, such as the USA, Israel, Great Britain is researched and analyzed. Based on this analysis, the importance of the existence of a specialized body responsible for overseeing the rule of law in military formations and the investigation of crimes in the military sphere was proved. It has been proven that war crimes should be investigated by specialized bodies with experienced and qualified personnel, as the offenses committed by servicemen are specific and require a specific approach to their investigation.
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Krychun, Yuriy. "War crime in the conditions of the Joint Forces Operation: a criminological description." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2020): 179–85. http://dx.doi.org/10.31733/2078-3566-2020-3-179-185.

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The article is devoted to the study of the concept of war crime and analysis of its forensic characteristics. The study analyzed the concepts of crime, war crime and the probable reasons for their commission. It is determined that military service is an extremely important type of activity, as it is designed to ensure state security and protection of the state border of Ukraine. The main military formation in Ukraine is the Armed Forces of Ukraine, the procedure of which is determined by the relevant legislation, according to which the Armed Forces is an independent state and legal institution, a reflection of modern Ukrainian society, but with its specific demographic, organizational, social, psychological and legal features. It is established that any crime is a negative social phenomenon that poses a threat to both society and the state. The social danger of each crime is manifested in the task or the creation of the danger of causing significant harm to public relations: the interests of the individual, society, state, which are protected by criminal law. But in war crimes behind these relations are the interests of a higher order – the military security of the state: the state of combat capability of the Armed Forces, other military formations, the ability to perform tasks set by the state, and ultimately protect the country from possible military aggression. Any crime against military service undermines the combat capability of military units, as a consequence, causes significant damage to the combat capability of the Armed Forces of Ukraine and, ultimately, to the military security of the state. Thus, the social danger of war crimes finds its expression in the task or in the creation of a threat of significant damage to the interests of military security of the state in the field of its defense and, therefore, is characterized by an increased degree of public danger. For Ukraine, in terms of the Operation joint forces, war crimes are extremely negative, as these are the factors that undermine combat readiness, military discipline and legal consciousness of the servicemen, creates the conditions for the loss of military personnel, military property, and therefore requires the authorities to use all necessary resources to fight and prevent the Commission of war crimes. Thus, the data on the person that has committed war crimes, as an element of criminalistic characteristics are of fundamental importance because they are a solid information base, which later during the establishment of corresponding co-dependent relationships will determine the other unknown elements of criminalistic characteristics.
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"Government of India, Report of the High Level Committee on Problems of Ex-Servicemen." Indian Journal of Public Administration 31, no. 1 (January 1985): 200–211. http://dx.doi.org/10.1177/0019556119850120.

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Zhuravlev, Sergey. "“Crimea is ours!” New Evidence of Crimea and Sevastopol Liberation from German Invasion in 1944." Russian Foundation for Basic Research Journal. Humanities and social sciences, January 2, 2021, 29–38. http://dx.doi.org/10.22204/2587-8956-2020-099-02-29-38.

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The article analyses the collection of transcripts of correspondence between servicemen, who took part in the Crimea Offensive of the Red Army of Workers and Peasants in spring of 1944, resulting in complete liberation of Crimea from Nazi invasion. The transcripts were first introduced into scientific circulation. The transcripts are unique, since they were taken shortly after the battle by the Committee of the USSR Academy of Sciences headed by the future Academician Isaac Minz. The documents contain abundant information on unknown combat episodes, facts of the soldiers’ heroism and sacrifice, as well as they perfectly reflect the “human dimension” of war.
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Shaw, Jennifer. "‘I Do Think We Can Carry On’: The Women’s War Efforts Committee of the Canadian Jewish Congress, 1939-1946." Canadian Jewish Studies / Études juives canadiennes 28 (December 31, 2019). http://dx.doi.org/10.25071/1916-0925.40145.

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The Jewish community’s involvement in the Canadian war effort during the Second World War has been a topic of scholarly interest for decades. However, this scholarship has largely focused on the activities of men, whether as soldiers or members of volunteer organizations, most notably the Canadian Jewish Congress (CJC). When women’s contributions are noted, it has generally been a mention of undefined volunteer work or their activities as soldiers’ wives and mothers, thus ignoring the monumental efforts of Jewish women. In particular, the Women’s War Efforts Committee (WWEC) of the CJC contributed thousands of hours of unpaid labour, fundraising, running a Next-of-Kin League for the wives, mothers, and children of enlisted men, and working with other women’s organizations for the war effort. However, it was their work on massive projects such as the furnishing of recreation spaces on armed forces bases and the opening of Servicemen’s Centres across Canada that would be most impactful. This paper will explore how the activities of the WWEC increased the visibility of the Jewish community in Canada and contributed to changing the public perception of Jews from that of an unwanted immigrant community to that of an accepted minority group. It will also examine the tensions between the men and women of the CJC and the shifting public roles of women within the Jewish community.
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Maleszyk, Ryszard. "Funkcjonowanie austriackich sądów wojskowych na Lubelszczyźnie w latach 1915–1918 / The activity of Austrian military tribunals in the area of Lubelszczyzna in the years 1915–1918." Annales UMCS, Historia 68, no. 1-2 (January 1, 2015). http://dx.doi.org/10.1515/umcshist-2015-0004.

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AbstractOne of the most crucial administrational organs on areas under the occupation of Austria became so called c. and k. (imperial-royal) peripheral headquarters, qualified as district headquarters since 17 April, 1917. To each one of them court-martials (Militärgericht) were subordinated, delivering verdicts in cases concerning: criminal offences committed not only by servicemen but also by civilians, people charged with crimes against the Danube monarchy, c. and k. of the army, and offences with the usage of gun described in the War Codex, being in usage in occupational conditions. Rules of Penalty Law qualified as many as eight offences, which were punished with the highest possible sentence - death. The paper deals with the jurisdiction of the above-mentioned courts on the area of Lubelszczyzna. The issue has never before been raised in any scientific research.
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Vihrova, Nina. "Correspondence between Ivan Aksakov and his Wife as a Source for the Study of Conservative Ideas in the Second Half of the 19th Century." Russian Foundation for Basic Research Journal. Humanities and social sciences, January 2, 2021, 97–109. http://dx.doi.org/10.22204/2587-8956-2020-099-02-97-109.

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The article provides a characteristic of the archive of letters between Ivan Aksakov and wife. It also analyses main aspects of valuable content of the correspondence. Anna Aksakova, the eldest daughter of Fyodor Tyutchev, was talented and well-educated. The woman not only loved and married Ivan Aksakov, she was his soulmate and committed interlocutor. In their letters Ivan Aksakov and wife mention a number of Russian intellectuals of the second half of the 19th century: writers, poets, servicemen, philosophers, historians and religious figures, representatives of the imperial house and ministers, diplomats, family members of relatives and close acquaintances. Religious, historical, political, aesthetic and other matters discussed in the correspondence are not only an important source for the study of social, literary and domestic environment of reformation period and, specifically, the works of Ivan Aksakov. They also allow to clarify conservative standpoint of certain Russian intellectuals in the second half of the 19th century.
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Voronov, Vitaliy, and Timur Slivin. "К ПРОБЛЕМЕ ПЕРЕВОСПИТАНИЯ ВОЕННОСЛУЖАЩИХ В ДИСЦИПЛИНАРНЫХ ВОИНСКИХ ЧАСТЯХ РОССИЙСКОЙ ИМПЕРИИ." Vestnik Samarskogo iuridicheskogo instituta, no. 5(36) (March 25, 2020). http://dx.doi.org/10.37523/sui.2019.36.5.018.

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В статье рассмотрена актуальная проблема перевоспитания военнослужащих в дисциплинарных частях в Российской империи как организованного и структурированного процесса. Изучено использование их потенциала для поддержания дисциплины и правопорядка среди личного состава. Определено, что к военнослужащим предусмотрено применение специальных видов уголовных наказаний, кроме того, допускается изъятие в применении отдельных наказаний к данной категории лиц. Авторами раскрывается порядок реализации наказания в виде лишения свободы в частях с воинской организацией в отношении военнослужащих, совершивших преступления. Указывается на то, что перевоспитание осужденных военнослужащих было направлено на повышение уровня их военной и строевой подготовки, принуждение их к выполнению требований военной присяги и воинских уставов. В качестве негативного момента перевоспитания осужденных военнослужащих указывается отсутствие специальной подготовки у штатных офицеров и нижних чинов дисциплинарных частей. В статье рассматривается порядок реализации наказания в виде лишения свободы в арестантских частях, а также дисциплинарных частях. Раскрыто понятие арестантских рот, их руководящий и личный состав, а также порядок содержания осужденных. Показаны особенности комплектования дисциплинарных частей как постоянным составом, так и переменным (осужденными), а также прохождения ими службы. Авторами отмечается, что в перевоспитании осужденных военнослужащих превалировала принудительная функция в ущерб нравственному воздействию. Авторы приходят к выводу о том, что дисциплинарные и штрафные части со строевой организацией в целом справляются с задачей перевоспитания осужденных военнослужащих, а опыт функционирования дисциплинарных частей царской армии был использован при создании военно-карательного аппарата Советской армии.The article deals with the actual problem of re-education of military personnel in disciplinary units in the Russian Empire as an organized and structured process. The use of their potential for maintaining discipline and law enforcement among personnel was studied. It is determined that the use of special types of criminal penalties is provided for military personnel, in addition, exceptions are allowed in the application of certain penalties to this category of persons. The author reveals the order of realization of punishment in the form of imprisonment in re-lations with the military organization in relation to the military personnel who have committed crimes. It is pointed out that the re-education of convicted servicemen was aimed at increasing the level of their military and drill training, forcing them to fulfill the requirements of the military oath and military regulations. As a negative aspect of the re-education of convicted servicemen, the lack of special training of regular officers and lower ranks of disciplinary units is indicated. The article deals with the procedure for the implementation of punishment in the form of im-prisonment in prison units, as well as disciplinary units. The concept of convict companies, their leadership and personnel, as well as the order of detention of convicts is revealed. The peculiarities of completing disciplinary units with both permanent and variable composition (convicts), as well as their service are shown. The author notes that in the re-education of convicted servicemen, forced functioning prevailed to the detriment of moral influence. The author comes to the conclusion that disciplinary and penal units with drill organization in General cope with the task of re-education of convicted servicemen, and the experience of functioning of disciplinary units of the tsarist army was used in the creation of the military punitive apparatus of the Soviet army.
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Pavlovska, Nataliia, Maryna Kulyk, Yuliia Tereshchenko, Halyna Strilets, and Anatolii Symchuk. "Best International Practices of Combating Terrorism and Organised Crime by Special Units and Law Enforcement Agencies." Intellectual Archive 10, no. 1 (March 23, 2021). http://dx.doi.org/10.32370/ia_2021_03_07.

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Therefore, this unit as a component of the gendarmerie is built on the principle of a military unit. The gendarmerie, one of the few state institutions in France, has been in existence for over 200 years and has a status as DOI: 10.32370/IA_2021_03_07 a significant component of the country's armed forces and is an extremely important part of the police system. The gendarmerie is subordinated to the Ministry of Defense (on the authority of the Main Directorate), and on the ground - to the command of military districts. At the same time, the gendarmerie is at the operational disposal of the Ministry of Internal Affairs and the Ministry of Justice. Significant autonomy within the Armed Forces allows the gendarmerie to combine military functions with purely police and administrative ones. The difference between police and gendarmerie is that the police are civilian civil servants. They can wear civilian clothes and trade union and political freedoms. Gendarmes also have the status of servicemen and military ranks, always in uniform, not entitled to strike and are responsible for violations in accordance with military charters - from guardians to dismissal from service (for example, for the use of alcohol "in the performance of official duties" the gendarme is threatened arrest for up to 30 days). The need for the creation of the Austrian Special Forces was conditioned by the urgency of taking measures to ensure the safety of the flow of emigrants of Jewish nationality from the former USSR since in autumn 1973 against them was committed serious terrorist act. Special unit "Cobra" enters the warehouse of the Ministry of Internal Affairs and has got a double subordination: through direct combat engagement to the head of public safety, and in relation to personnel issues and logistics - the central command of the gendarmerie of the Austrian Ministry of Internal Affairs. Among the well-known British Special Political Service (Special Air Service, or SAS) is probably the best counterterrorism unit. Its component - Special Projects (SP) team - the main anti-terrorist squad. The Special Air Service and its Counter Revolutionary Warfare Squadron (CRW) unit, the Antirevolutionary Military Squadron, were founded in 1942. The feature of training SAS servicemen is to teach each soldier to possess all methods and means of combating terrorism. To achieve this, SAS trains all of its squadron through training cycles. Acquired skills are improved later in the SP-team's combat duties. The main thing in the work is the maximum approximation of training sessions to a real combat situation in the conduct of operations on the release of hostages, in the role of which are civilians. Anti-terrorist training of SAS and the development of practical measures for the release of hostages is facilitated by the fact that high-ranking members of the British Government, including the Prime Minister, are personally involved in it.
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Nile, Richard. "Post Memory Violence." M/C Journal 23, no. 2 (May 13, 2020). http://dx.doi.org/10.5204/mcj.1613.

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Hundreds of thousands of Australian children were born in the shadow of the Great War, fathered by men who had enlisted between 1914 and 1918. Their lives could be and often were hard and unhappy, as Anzac historian Alistair Thomson observed of his father’s childhood in the 1920s and 1930s. David Thomson was son of a returned serviceman Hector Thomson who spent much of his adult life in and out of repatriation hospitals (257-259) and whose memory was subsequently expunged from Thomson family stories (299-267). These children of trauma fit within a pattern suggested by Marianne Hirsch in her influential essay “The Generation of Postmemory”. According to Hirsch, “postmemory describes the relationship of the second generation to powerful, often traumatic, experiences that preceded their births but that were nevertheless transmitted to them so deeply as to seem to constitute memories in their own right” (n.p.). This article attempts to situate George Johnston’s novel My Brother Jack (1964) within the context of postmemory narratives of violence that were complicated in Australia by the Anzac legend which occluded any too open discussion about the extent of war trauma present within community, including the children of war.“God knows what damage” the war “did to me psychologically” (48), ponders Johnston’s protagonist and alter-ego David Meredith in My Brother Jack. Published to acclaim fifty years after the outbreak of the First World War, My Brother Jack became a widely read text that seemingly spoke to the shared cultural memories of a generation which did not know battlefield violence directly but experienced its effects pervasively and vicariously in the aftermath through family life, storytelling, and the memorabilia of war. For these readers, the novel represented more than a work of fiction; it was a touchstone to and indicative of their own negotiations though often unspoken post-war trauma.Meredith, like his creator, is born in 1912. Strictly speaking, therefore, both are not part of the post-war generation. However, they are representative and therefore indicative of the post-war “hinge generation” which was expected to assume “guardianship” of the Anzac Legend, though often found the narrative logic challenging. They had been “too young for the war to have any direct effect”, and yet “every corner” of their family’s small suburban homes appear to be “impregnated with some gigantic and sombre experience that had taken place thousands of miles away” (17).According to Johnston’s biographer, Garry Kinnane, the “most teasing puzzle” of George Johnston’s “fictional version of his childhood in My Brother Jack is the monstrous impression he creates of his returned serviceman father, John George Johnston, known to everyone as ‘Pop.’ The first sixty pages are dominated by the tyrannical figure of Jack Meredith senior” (1).A large man purported to be six foot three inches (1.9 metres) in height and weighing fifteen stone (95 kilograms), the real-life Pop Johnston reputedly stood head and shoulders above the minimum requirement of five foot and six inches (1.68 metres) at the time of his enlistment for war in 1914 (Kinnane 4). In his fortieth year, Jack Johnston senior was also around twice the age of the average Australian soldier and among one in five who were married.According to Kinnane, Pop Johnston had “survived the ordeal of Gallipoli” in 1915 only to “endure three years of trench warfare in the Somme region”. While the biographer and the Johnston family may well have held this to be true, the claim is a distortion. There are a few intimations throughout My Brother Jack and its sequel Clean Straw for Nothing (1969) to suggest that George Johnston may have suspected that his father’s wartime service stories had been embellished, though the depicted wartime service of Pop Meredith remains firmly within the narrative arc of the Anzac legend. This has the effect of layering the postmemory violence experienced by David Meredith and, by implication, his creator, George Johnston. Both are expected to be keepers of a lie masquerading as inviolable truth which further brutalises them.John George (Pop) Johnston’s First World War military record reveals a different story to the accepted historical account and his fictionalisation in My Brother Jack. He enlisted two and a half months after the landing at Gallipoli on 12 July 1915 and left for overseas service on 23 November. Not quite the imposing six foot three figure of Kinnane’s biography, he was fractionally under five foot eleven (1.8 metres) and weighed thirteen stone (82.5 kilograms). Assigned to the Fifth Field Engineers on account of his experience as an electric tram fitter, he did not see frontline service at Gallipoli (NAA).Rather, according to the Company’s history, the Fifth Engineers were involved in a range of infrastructure and support work on the Western Front, including the digging and maintenance of trenches, laying duckboard, pontoons and tramlines, removing landmines, building huts, showers and latrines, repairing roads, laying drains; they built a cinema at Beaulencourt Piers for “Brigade Swimming Carnival” and baths at Malhove consisting of a large “galvanised iron building” with a “concrete floor” and “setting tanks capable of bathing 2,000 men per day” (AWM). It is likely that members of the company were also involved in burial details.Sapper Johnston was hospitalised twice during his service with influenza and saw out most of his war from October 1917 attached to the Army Cookery School (NAA). He returned to Australia on board the HMAT Kildonian Castle in May 1919 which, according to the Sydney Morning Herald, also carried the official war correspondent and creator of the Anzac legend C.E.W. Bean, national poet Banjo Paterson and “Warrant Officer C G Macartney, the famous Australian cricketer”. The Herald also listed the names of “Returned Officers” and “Decorated Men”, but not Pop Johnston who had occupied the lower decks with other returning men (“Soldiers Return”).Like many of the more than 270,000 returned soldiers, Pop Johnston apparently exhibited observable changes upon his repatriation to Australia: “he was partially deaf” which was attributed to the “constant barrage of explosions”, while “gas” was suspected to have “left him with a legacy of lung disorders”. Yet, if “anyone offered commiserations” on account of this war legacy, he was quick to “dismiss the subject with the comment that ‘there were plenty worse off’” (Kinnane 6). The assumption is that Pop’s silence is stoic; the product of unspeakable horror and perhaps a symptom of survivor guilt.An alternative interpretation, suggested by Alistair Thomson in Anzac Memories, is that the experiences of the vast majority of returned soldiers were expected to fit within the master narrative of the Anzac legend in order to be accepted and believed, and that there was no space available to speak truthfully about alternative war service. Under pressure of Anzac expectations a great many composed stories or remained selectively silent (14).Data gleaned from the official medical history suggest that as many as four out of every five returned servicemen experienced emotional or psychological disturbance related to their war service. However, the two branches of medicine represented by surgeons and physicians in the Repatriation Department—charged with attending to the welfare of returned servicemen—focused on the body rather than the mind and the emotions (Murphy and Nile).The repatriation records of returned Australian soldiers reveal that there were, indeed, plenty physically worse off than Pop Johnston on account of bodily disfigurement or because they had been somatically compromised. An estimated 30,000 returned servicemen died in the decade after the cessation of hostilities to 1928, bringing the actual number of war dead to around 100,000, while a 1927 official report tabled the medical conditions of a further 72,388 veterans: 28,305 were debilitated by gun and shrapnel wounds; 22,261 were rheumatic or had respiratory diseases; 4534 were afflicted with eye, ear, nose, or throat complaints; 9,186 had tuberculosis or heart disease; 3,204 were amputees while only; 2,970 were listed as suffering “war neurosis” (“Enlistment”).Long after the guns had fallen silent and the wounded survivors returned home, the physical effects of war continued to be apparent in homes and hospital wards around the country, while psychological and emotional trauma remained largely undiagnosed and consequently untreated. David Meredith’s attitude towards his able-bodied father is frequently dismissive and openly scathing: “dad, who had been gassed, but not seriously, near Vimy Ridge, went back to his old job at the tramway depot” (9). The narrator-son later considers:what I realise now, although I never did at the time, is that my father, too, was oppressed by intimidating factors of fear and change. By disillusion and ill-health too. As is so often the case with big, strong, athletic men, he was an extreme hypochondriac, and he had convinced himself that the severe bronchitis which plagued him could only be attributed to German gas he had swallowed at Vimy Ridge. He was too afraid to go to a doctor about it, so he lived with a constant fear that his lungs were decaying, and that he might die at any time, without warning. (42-3)During the writing of My Brother Jack, the author-son was in chronically poor health and had been recently diagnosed with the romantic malady and poet’s disease of tuberculosis (Lawler) which plagued him throughout his work on the novel. George Johnston believed (correctly as it turned out) that he was dying on account of the disease, though, he was also an alcoholic and smoker, and had been reluctant to consult a doctor. It is possible and indeed likely that he resentfully viewed his condition as being an extension of his father—vicariously expressed through the depiction of Pop Meredith who exhibits hysterical symptoms which his son finds insufferable. David Meredith remains embittered and unforgiving to the very end. Pop Meredith “lived to seventy-three having died, not of German gas, but of a heart attack” (46).Pop Meredith’s return from the war in 1919 terrifies his seven-year-old son “Davy”, who accompanies the family to the wharf to welcome home a hero. The young boy is unable to recall anything about the father he is about to meet ostensibly for the first time. Davy becomes overwhelmed by the crowds and frightened by the “interminable blaring of horns” of the troopships and the “ceaseless roar of shouting”. Dwarfed by the bodies of much larger men he becomestoo frightened to look up at the hours-long progression of dark, hard faces under wide, turned-up hats seen against bayonets and barrels that are more blue than black ... the really strong image that is preserved now is of the stiff fold and buckle of coarse khaki trousers moving to the rhythm of knees and thighs and the tight spiral curves of puttees and the thick boots hammering, hollowly off the pier planking and thunderous on the asphalt roadway.Depicted as being small for his age, Davy is overwrought “with a huge and numbing terror” (10).In the years that follow, the younger Meredith desires emotional stability but remains denied because of the war’s legacy which manifests in the form of a violent patriarch who is convinced that his son has been rendered effeminate on account of the manly absence during vital stages of development. With the return of the father to the household, Davy grows to fear and ultimately despise a man who remains as alien to him as the formerly absent soldier had been during the war:exactly when, or why, Dad introduced his system of monthly punishments I no longer remember. We always had summary punishment, of course, for offences immediately detected—a cuffing around the ears or a sash with a stick of a strap—but Dad’s new system was to punish for the offences which had escaped his attention. So on the last day of every month Jack and I would be summoned in turn to the bathroom and the door would be locked and each of us would be questioned about the sins which we had committed and which he had not found out about. This interrogation was the merest formality; whether we admitted to crimes or desperately swore our innocence it was just the same; we were punished for the offences which, he said, he knew we must have committed and had to lie about. We then had to take our shirts and singlets off and bend over the enamelled bath-tub while he thrashed us with the razor-strop. In the blind rages of these days he seemed not to care about the strength he possessed nor the injuries he inflicted; more often than not it was the metal end of the strop that was used against our backs. (48)Ironically, the ritualised brutality appears to be a desperate effort by the old man to compensate for his own emasculation in war and unresolved trauma now that the war is ended. This plays out in complicated fashion in the development of David Meredith in Clean Straw for Nothing, Johnston’s sequel to My Brother Jack.The imputation is that Pop Meredith practices violence in an attempt to reassert his failed masculinity and reinstate his status as the head of the household. Older son Jack’s beatings cease when, as a more physically able young man, he is able to threaten the aggressor with violent retaliation. This action does not spare the younger weaker Davy who remains dominated. “My beating continued, more ferociously than ever, … . They ceased only because one day my father went too far; he lambasted me so savagely that I fell unconscious into the bath-tub, and the welts across my back made by the steel end of the razor-strop had to be treated by a doctor” (53).Pop Meredith is persistently reminded that he has no corporeal signifiers of war trauma (only a cough); he is surrounded by physically disabled former soldiers who are presumed to be worse off than he on account of somatic wounding. He becomes “morose, intolerant, bitter and violently bad-tempered”, expressing particular “displeasure and resentment” toward his wife, a trained nurse, who has assumed carer responsibilities for homing the injured men: “he had altogether lost patience with her role of Florence Nightingale to the halt and the lame” (40). Their marriage is loveless: “one can only suppose that he must have been darkly and profoundly disturbed by the years-long procession through our house of Mother’s ‘waifs and strays’—those shattered former comrades-in-arms who would have been a constant and sinister reminder of the price of glory” (43); a price he had failed to adequately pay with his uncompromised body intact.Looking back, a more mature David Meredith attempts to establish order, perspective and understanding to the “mess of memory and impressions” of his war-affected childhood in an effort to wrest control back over his postmemory violation: “Jack and I must have spent a good part of our boyhood in the fixed belief that grown-up men who were complete were pretty rare beings—complete, that is, in that they had their sight or hearing or all of their limbs” (8). While the father is physically complete, his brooding presence sets the tone for the oppressively “dark experience” within the family home where all rooms are “inhabited by the jetsam that the Somme and the Marne and the salient at Ypres and the Gallipoli beaches had thrown up” (18). It is not until Davy explores the contents of the “big deep drawer at the bottom of the cedar wardrobe” in his parents’ bedroom that he begins to “sense a form in the shadow” of the “faraway experience” that had been the war. The drawer contains his father’s service revolver and ammunition, battlefield souvenirs and French postcards but, “most important of all, the full set of the Illustrated War News” (19), with photographs of battlefield carnage. These are the equivalent of Hirsch’s photographs of the Holocaust that establish in Meredith an ontology that links him more realistically to the brutalising past and source of his ongoing traumatistion (Hirsch). From these, Davy begins to discern something of his father’s torment but also good fortune at having survived, and he makes curatorial interventions not by becoming a custodian of abjection like second generation Holocaust survivors but by disposing of the printed material, leaving behind artefacts of heroism: gun, the bullets, the medals and ribbons. The implication is that he has now become complicit in the very narrative that had oppressed him since his father’s return from war.No one apparently notices or at least comments on the removal of the journals, the images of which become linked in the young boys mind to an incident outside a “dilapidated narrow-fronted photographer’s studio which had been deserted and padlocked for as long as I could remember”. A number of sun-damaged photographs are still displayed in the window. Faded to a “ghostly, deathly pallor”, and speckled with fly droppings, years earlier, they had captured young men in uniforms before embarkation for the war. An “agate-eyed” boy from Davy’s school joins in the gazing, saying nothing for a long time until the silence is broken: “all them blokes there is dead, you know” (20).After the unnamed boy departs with a nonchalant “hoo-roo”, young Davy runs “all the way home, trying not to cry”. He cannot adequately explain the reason for his sudden reaction: “I never after that looked in the window of the photographer’s studio or the second hand shop”. From that day on Davy makes a “long detour” to ensure he never passes the shops again (20-1). Having witnessed images of pre-war undamaged young men in the prime of their youth, he has come face-to-face with the consequences of war which he is unable to reconcile in terms of the survival and return of his much older father.The photographs of the young men establishes a causal connection to the physically wrecked remnants that have shaped Davy’s childhood. These are the living remains that might otherwise have been the “corpses sprawled in mud or drowned in flooded shell craters” depicted in the Illustrated News. The photograph of the young men establishes Davy’s connection to the things “propped up our hallway”, of “Bert ‘sobbing’ in the backyard and Gabby Dixon’s face at the dark end of the room”, and only reluctantly the “bronchial cough of my father going off in the dawn light to the tramways depot” (18).That is to say, Davy has begun to piece together sense from senselessness, his father’s complicity and survival—and, by association, his own implicated life and psychological wounding. He has approached the source of his father’s abjection and also his own though he continues to be unable to accept and forgive. Like his father—though at the remove—he has been damaged by the legacies of the war and is also its victim.Ravaged by tuberculosis and alcoholism, George Johnston died in 1970. According to the artist Sidney Nolan he had for years resembled the ghastly photographs of survivors of the Holocaust (Marr 278). George’s forty five year old alcoholic wife Charmian Clift predeceased him by twelve months, having committed suicide in 1969. Four years later, in 1973, George and Charmian’s twenty four year old daughter Shane also took her own life. Their son Martin drank himself to death and died of organ failure at the age of forty three in 1990. They are all “dead, you know”.ReferencesAWM. Fifth Field Company, Australian Engineers. Diaries, AWM4 Sub-class 14/24.“Enlistment Report”. Reveille, 29 Sep. 1928.Hirsch, Marianne. “The Generation of Postmemory.” Poetics Today 29.1 (Spring 2008): 103-128. <https://read.dukeupress.edu/poetics-today/article/29/1/103/20954/The-Generation-of-Postmemory>.Johnston, George. Clean Straw for Nothing. London: Collins, 1969.———. My Brother Jack. London: Collins, 1964.Kinnane, Garry. George Johnston: A Biography. Melbourne: Nelson, 1986.Lawler, Clark. Consumption and Literature: the Making of the Romantic Disease. Basingstoke: Palgrave Macmillan, 2006.Marr, David, ed. Patrick White Letters. Sydney: Random House, 1994.Murphy, Ffion, and Richard Nile. “Gallipoli’s Troubled Hearts: Fear, Nerves and Repatriation.” Studies in Western Australian History 32 (2018): 25-38.NAA. John George Johnston War Service Records. <https://recordsearch.naa.gov.au/SearchNRetrieve/Interface/ViewImage.aspx?B=1830166>.“Soldiers Return by the Kildonan Castle.” Sydney Morning Herald, 10 May 1919: 18.Thomson, Alistair. Anzac Memories: Living with the Legend. Clayton: Monash UP, 2013.
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