ДО ПИТАННЯ ОРГАНІЗАЦІЇ РОЗСЛІДУВАННЯ ВІЙСЬКОВИХ ЗЛОЧИНІВ

Abstract

The normative legal acts of Ukraine and the member states of Europol and Eurojust are analyzed, which are part of joint investigation groups within the European Union in the organization of the investigation of military crimes. The authors have pointed out that the customary international law requires the states to exercise their jurisdiction and provides an opportunity to exercise the universal jurisdiction regarding the military crimes, which are not serious violations. The authors determine that the universal jurisdiction may be provided by the norm of international customary or treaty law. Universal jurisdiction can be exercised either by the adoption of internal legislative acts (legislative universal jurisdiction), or in the form of investigation of persons, who are suspected of committing offenses and their transfer to the court (lawful universal jurisdiction). The grounds for the exercise of universal jurisdiction regarding the military crimes are present in both international treaty and customary law. The authors suggest forming a single concept for the investigation of the military crimes that have been committed in the conditions of armed conflict and the criminal prosecution of perpetrators. Namely, this concept, according to the authors, is defined as one that has important scientific and practical significance, a comprehensive, interdisciplinary holistic theoretical system regarding the activity in special conditions, which in general brings together a set of theoretical provisions on specific patterns in the sphere of legal support, organization of investigation and collection of evidentiary information on military crimes, search, detention and transfer of officials, who are involved in committing military crimes, carrying out the international legal proceedings regarding the perpetrators. Such concept will allow uniting scientific provisions on the activities of criminal justice bodies in the condition of the armed conflict into a single system, which, in turn, contributes to the identification of unexplored issues and the systematic solution of relevant problems. It is important for investigative and judicial practice, because it equips the criminal justice authorities with scientifically sound recommendations regarding the organization of the investigation of military crimes, as well as the methods of their conduction.