Сучасні проблеми міжнародного права і засоби їх вирішення

Abstract

The article focuses on the aspects of lagging international law behind the needs of modern international relations. The authors critically assess the views of some scientists on the role of the United Nations, in particular the Security Council, in resolving international security crises and suggest significant changes in order to achieve their greater effectiveness and efficiency. According to the authors, the desired result can be achieved in two ways. The first of them is the introduction of new institutions in international law that would meet the modern needs of humanity; the second is the provision of new, qualitatively innovative functions to existing institutions. Among the new realities faced by international law is the active use by some states of such a set of political, economic, military and other measures, such as "hybrid warfare". The latter is used not only against Ukraine, but also against other countries of the world, in particular, against the countries of the European Union. Typical features of this shameful phenomenon are the destruction of unifying values, the use of traditional, non-traditional tactics and non-state (irregular) paramilitary groups, the organization of terrorist acts with the introduction of mass violence and coercion, as well as criminal riots. At the same time, the differences between regular and irregular divisions are blurred. Their actions are quickly and tactically directed and coordinated in order to achieve a synergistic effect in the physical and psychological dimensions of the conflict within the same theater of military operations. The latter observation, according to the authors, makes it necessary to overestimate the role of the state and the role of other, possibly potential subjects of international law. It is advisable to find criteria for responsibility for these actions and connection with the activities of a particular state. It is this formulation of the question that will allow effective actions in "hybrid" crimes without obstacles inherent in state sovereignty. We believe that it is time to continue discussing the prospects of participation in international legal regulation not only of individual individuals, but also of their totality (communities, formal and informal associations). An example to begin with is the "criminal liability" of legal entities.