Who should investigate crimes in the Kursk region? Legal explanation.

Illya Shiyan, a lawyer from the human rights group "Sich" and the Ukrainian Helsinki Human Rights Union, expressed his opinion that Ukrainian law enforcement agencies should investigate crimes in the Kursk region of the Russian Federation. He expressed this opinion in the publication "Disappeared in Kursk" for "Glavkom". He believes that this is a new challenge for Ukrainian law enforcement officers.

The lawyer explained that in international law there is a concept of "effective control." According to him, the Armed Forces of Ukraine are conducting something similar in the Kursk region of Russia. All criminal offenses occurring in the part of Kursk controlled by the AFU should be investigated by Ukraine. This also applies to cases of missing Ukrainian servicemen.

"In practice, national police officers gain access to the crime scene through the military commandant's office (headed by General Eduard Moskaliov)," Shiyan emphasized. "This mechanism also works in the areas of active hostilities in Ukraine," he added.

In addition, the human rights defender talked about the problems faced by the relatives of servicemen during their search. In particular, this concerns delayed communication from the National Police and the Security Service of Ukraine, as well as the duration of investigative actions and expert examinations, which can last several months.

There are also difficulties in interacting with military units, the TCC, and the Ministry of Defense regarding social benefits and guarantees provided in case of death, disappearance, or capture of soldiers.

According to the lawyer, Ukrainian defenders fighting in the Kursk region of the Russian Federation retain all social guarantees and preferences.

"For example, the status of combatants is granted to military personnel based on military orders, not on a territorial basis (protection of Ukraine). If the command issues combat orders for a serviceman to defend the Motherland, this is already grounds for granting him combatant status, regardless of his location - in Kursk or Ukraine," Shiyan explained.

Let's recall that active hostilities have been ongoing in Russia for the second month. The Armed Forces of Ukraine have been controlling part of the Kursk region (area 1294 sq m) since the end of August. The Ukrainian army is trying to address two key issues: preventing a possible Russian invasion of the Sumy region, which borders the Kursk region, and diverting the enemy's main forces and stabilizing the front in Donbas.

Institute for the Study of War Report

On September 26, Ukrainian troops continued to storm the Hlushkivskyi district of the Kursk region but did not succeed, reports the Institute for the Study of War (ISW). Analysts also note that Russian troops continue their ground assaults on the Ukrainian salient in the Kursk region, but without confirmed successes.