Zhurnal grazhdanskogo i ugolovnogo prava

Number 9 (1), 2022

3-15
Keret during the Great Terror (1937−1938)

Authors: Aleksandr A. Cherkasov

Abstract

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The paper examines the history of political repression on the territory of the village of Keret in the Loukhsky district of the Karelo-Finnish SSR. The attention is paid to the evolution of criminal prosecution of residents and natives of the village in 1937−1938. As materials, the author used a database on victims of political repression in the USSR, which is called the “Open List” (ru.openlist.wiki). The database contains information about 1.4 million persons repressed for political reasons in the period 1917−1991, including 50 persons who were born or lived in the village of Keret. In addition, the documents of the National Archive of the Republic of Karelia (Petrozavodsk, Russian Federation) were involved in the study. The author concludes that the repression can be divided into two chronological stages: July 26 – November 3, 1937 and November 4, 1937 – October 5, 1938. The first stage was characterized by a period of episodic repression and was accompanied by a sufficiently large number of non-lethal sentences for convicts. Russian Russians, Karelians and Latvians were shot in total at that time, and 8 people (6 Russians, Karelians and Ukrainians) were sentenced to 10 years of camps. At the second stage, the flywheel of repression reaches its maximum. The cases are fabricated according to the national principle and are of a mass nature. The measure of restraint, as a rule, during this period is execution. Three national cases were being developed simultaneously: the Karelian Case (November 4, 1937 – October 2, 1938), the Russian Case (January 22 – October 5, 1938) and the Finnish Case (December 8, 1937 – October 3, 1938). A total of 32 people were shot at that time Russian Russians and 7 Finns (15 Karelians, 10 Russians and 7 Finns), 3 people (2 Russians and 1 Finn) were sentenced to prison terms. By attracting archival materials on the age and national composition of the population of the village of Keret for 1931 and comparing these figures, in equal proportion, applicable to the time of the Great Terror, it was found that in 1937−1938 almost all male population from among the Karelians in the age group from 18 to 54 years was repressed in Keret. The Finns were also subjected to total persecution.

16-22
Forced Migration in International Criminal Law

Authors: Anna S. Slavko

Abstract

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Deportation and forced transfer of civilians are quite common offences in the global context. The consequence of almost every armed conflict was the mass displacement of the population from the conflict zone. Accordingly, there was a need to determine the status of displaced persons and criminal liability for such acts. Deportation and forced transfer of civilians can be qualified under several articles of the Rome Statute of the International Criminal Court – as a war crime and a crime against humanity. A study of international criminal tribunals' case law allows concluding that such factors influence the qualification of an act: 1) Existence or absence of a situation of international armed conflict; 2) Were the actions one-time, episodic – or, on the contrary, were part of systematic and targeted attacks; 3) During the movement of the civilian population, was the latter forced to cross de jure or de facto border, or did the displacement take place within the state without crossing state borders; 4) Were there any circumstances that determined the legality of the population displacement - for example, considerations of the safety of the civilian population or military necessity? Taking into account the circumstances listed above will make it possible to carry out the most accurate qualification of the act of displacement of the civilian population according to the norms of international criminal law.

23-29
Personal Data Protection in European Court of Human Rights’ Case Law

Authors: Olena V. Tarasenko

Abstract

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Number of views: 28

Protecting personal data is one of the essential areas of development of modern jurisprudence. Personal data is closely related to a person's private life; their collection or disclosure may violate fundamental human rights. In addition, according to the Association Agreement between Ukraine and the EU, Ukraine must bring its legislation on protecting personal data closer to European standards. The status of a candidate country for joining the EU also imposes on Ukraine the obligation to get its ruling on protecting personal data closer to EU law. Many acts deal with the legal regulation of personal data protection, both at the level of the Council of Europe and in the European Union. This paper focuses mainly on the relationship between personal data protection and human rights; therefore, the main emphasis is on studying the European Court of Human Rights practice. The analysis of several ECtHR judgements (mostly from 2021−2022) made it possible to highlight several main trends: Protecting personal data remains an important area of privacy protection. In its decisions, the ECtHR seeks to establish criteria for balancing private and public interests in the context of personal data protection. The practice of the ECtHR can be used to bring Ukrainian law and practice on protecting personal data closer to European standards.