TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Torture and ill-treatment of children in Ukraine— encouraging minors to use stimulants;— encouraging minors to use intoxicating substances.As one can see from this list, the Criminal Code does not contain specialarticles setting out liability for torture of children. The listed crimes envisageon the one hand liability for actions each of which could be viewed as a formof cruel or inhuman treatment or torture. Ukraine’s legislation divides theminto separate crimes and envisages liability for these actions. The EuropeanCourt of Human Rights on the contrary within the framework of a specific casecan recognize as torture or ill-treatment any forms of behaviour resulting ina child suffering. As they note in legal literature, the case-law of the EuropeanCourt of Human Rights shows that the difference between different forms oftreatment and punishment contained in Article 3 of the European Conventionon Human Rights and Fundamental Freedoms does not play a significant role,yet any of these actions signifies breach of the Convention.Over recent years liability for crimes against children has become moresevere.Furthermore, the committing of other crimes where liability is envisagedby the Criminal Code with respect to a small children or minor is considered anaggravating circumstance. Article 67 of the Criminal Code names the followingaggravating circumstances:— committing a crime against a small child, an elderly person or a personwho is in a helpless state;— committing a crime against a person who is in material, work-relatedor other dependence on the perpetrator;— carrying out a crime through the use of a small child or person sufferingfrom psychological illnesses or not in a fit mental state.It is thus specifically age, physical condition and health that are factorsdictating increasing victimization and sensitivity, and carry with them moreserious liability.In some crimes the committing of criminally punishable actions withrespect to a small child or minor is a factor leading to harsher criminal liability.If dealing with officials who demonstrate elements of torture in their behaviour,or ill-treatment of a minor, such behaviour will be classified depend- Prosecutor’s supervision over observance of Ukraine’s law on preventing violenceagainst children — Kyiv, KIC, 201064