The essence of the Geneva Conventions (1949), which deal with the protection of persons under the rule of the protecting state during the war are summarized in the article. The correspondence of the norms of the constitutional legislation of Ukraine with the Geneva Conventions (1949) in the context of such values as freedom, non-discrimination, justice, responsibility is studied. It is found out that the Constitution of Ukraine and some constitutional laws contain norms concerning the rights and freedoms of persons, including war prisoners and civilians, who needs protection. These norms coincide with the requirements of the Geneva Conventions (1949). But the norms of constitutional law are local in their nature, and international norms are universal ones. It is noted that the constitutional legislation and the Geneva Conventions (1949) have certain collisions. Some acts of military legislation of Ukraine and their correspondence the Geneva Conventions (1949) are analyzed. Attention is drawn to the Charter of the Internal Service of the Armed Forces of Ukraine, which defines the obligations of certain categories of persons to comply with international humanitarian law. Among them are the Assistant Brigade Commander for Legal Affairs and Chief Sergeants of the Battalion, Troop and Platoon. It is mentioned that such approach allows not only to implement the rules of the Geneva Conventions (1949), but also to control this process. The conformity of by-laws of the military legislation of Ukraine to the requirements of the Geneva Conventions (1949) is revealed. It is stated that, among other things, these acts define the information about war victims, namely: wounded and sick, persons who suffered from a shipwreck, war prisoners and others whose freedom is restricted due to armed conflict, civilians at the occupied territories. The conclusions state that the Geneva Conventions (1949) and the constitutional and military legislation of Ukraine protect the rights and freedoms of war victims, although they need some unification.

Key words: Geneva Conventions, “Geneva Law”, rights and freedoms, constitutional law, military law, war prisoners, civilians, protecting state.

References

1. Sabikenov, S. N. (2009), “Universal and regional human rights standards and their influence on the formation of foreigners’ constitutional and legal status in Western democracies”, Kazakhstan Yearbook of International Law, PP. 12-18.
2. Ukraine ranks 8th in the world in the number of emigrants (2021), Ukrainian Truth, available at: https://www.pravda.com.ua/news/2021/12/18/7317883/#:~:text=%D0%94%D0%BE%D1%81%D0%BB%D1%96%D0%B2%D0%BD%D0%BE%3A%20%22%D0%97%D0%B0%D0%B3%D0%B0%D0%BB%D0%BE%D0%BC%20%D0%B7%202011%20%D0%BF%D0%BE,3%2C3%20%D0%BC%D0%BB%D0%BD%20%D0%BE%D1%81%D1%96%D0%B1%22. (accessed 30 January 2022).
3. Ishchuk, A. Ye. (2018), “Administrative responsibility of foreign citizens and stateless persons”, Actual problems of improving legislation and law enforcement: Collection of materials of the V intra-university round table, (15 November, 2018), Kursk, PP. 57-61.
4. Sapunova, A. Ye. (2019), “Actual problems of the implementation the right to obtain a residence permit in Russian Federation by foreign citizens”, Human Rights: History, Theory, Practice: Collection of proceedings of the eighth All-Russian scientific and practical conference, Kursk, 293-295.
5. Repetskyi, V. M. (2012), International public law, Znannia, Kyiv.
6. Fіshchenko, K. Yu., Yarmakі, V. Kh. and Hopych, M. K. (2015), International law, available at: http://dspace.oduvs.edu.ua/bitstream/123456789/311/1/%D0%9C%D1%96%D0%B6%D0%BD%D0%B0%D1%80%D0%BE%D0%B4%D0%BD%D0%B5%20%D0%BF%D1%80%D0%B0%D0%B2%D0%BE.pdf Odesa: ODUVS. (accessed 30 January 2022).
7. Simatova, Ye, L. (2019), International public law, available at: http://znanium.com/go.php?id=1003254 Moscow: RIOR: INFRA-M. (accessed 30 January 2022).
8. United Nations (2006), Non-citizens’ Rights, Office of the United Nations High Commissioner for Human Rights, New York, Geneva, available at: https://www.ohchr.org/Documents/Publications/noncitizensen_ru.pdf (accessed 30 January 2022).
9. United Nations (1985), Resolution 40/144 of the General Assembly of the United Nations,  Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live, available at: https://zakon.radgov.ua/laws/show/995_227#Text (accessed 30 January 2022).
10. International Covenant (1973), On Civil and Political Rights, available at: https://zakon.rada.gov.ua/laws/show/995_043#Text (accessed 30 January 2022).
11. Ukraine (1996), Constitution of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.