ANALYSIS OF LEGAL FORMS OF UNITED NATIONS WORK IN THE FIELD OF TRANSITIONAL JUSTICE

Abstract

The article provides a comprehensive analysis of legal forms of United Nations work in the field of transitional justice. The author notes that the mechanisms of transitional justice, which are implemented in Ukraine today, largely depend on the legal forms of the work of the United Nations in the conditions of transitional processes. Moreover, these forms make it possible to speed up the peacebuilding process and expand the functional capabilities of national institutions involved in this process. The following legal forms of the work of the United Nations in the field of transitional justice were studied: 1) creation of United Nations tribunals in post-conflict states; 2) assistance in concluding peace agreements by the parties to the conflict; 3) field representation to assist states in developing transition strategies; 4) protection of certain categories of conflict victims (children, women, civilians); 5) ensuring the right to compensation; 6) creation of temporary United Nations administrations; 7) assistance in the reintegration of alienated members of communities; 8) assistance in documenting human rights violations and violence in post-conflict states. The author systematizes the following features of the studied legal forms: interdependence and interdependence, singleness and purposefulness, organizational and legal embodiment, direct connection with actors and national context. The author divides all researched legal forms of United Nations work in the field of transitional justice into three groups: a) post-conflict (their implementation takes place in conditions when transitional processes have already begun, and there are certain peace agreements between the parties to the conflict, although sometimes they are quite fragile); b) pre-conflict (implemented before the beginning of the active phase of the conflict in order to minimize its occurrence or to delay it as much as possible and consist in working with factors that can lead to escalation and further development of the confrontation); c) accompanying (applied in the conflict process to solve the priority tasks of transitional justice and related to the solution of urgent tasks in the interests of certain target groups).