ПОРІВНЯЛЬНІ АСПЕКТИ ІНСТИТУТУ СПІВУЧАСТІ В МІЖНАРОДНОМУ КРИМІНАЛЬНОМУ ПРАВІ ТА НАЦІОНАЛЬНИХ ЗАКОНОДАВСТВАХ

Abstract

Introduction. The article is devoted to the disclosure of one of the important issues of modern criminal law - the institution of complicity. Complicity is the doctrine that another person (accomplice) may be held liable for a crime if he or she facilitated, aided, abetted, encouraged, demanded, or directed another person's criminal activities. This includes assistance in committing a crime before, during and after the crime. The relevance of the research topic is that complicity by its nature is more socially dangerous than a criminal offense committed by one person, and therefore leads to more harmful consequences. The study of the causes, nature and types of complicity makes it possible to consider in more detail each of the gaps that have arisen in criminal law and eliminate them in the application of law in practice in the future. That is why, in our opinion, the chosen research issues are very relevant at the moment due to a number of important conditions, including the beginning of a full-scale russian invasion of Ukraine and mass atrocities committed by russian occupiers in our cities. Purpose. The purpose of this article is to present the basic concepts, types and responsibilities of different types of accomplices for criminal offenses, determine the importance of a more detailed study of such an institution of criminal law, compare the main legislative aspects of the institution of complicity in national law and international criminal law. Materials and methods. The materials of the study are: 1) the legal framework for the ratio of institutions of participation in national and international law; 2) works of domestic and foreign scholars, the research topics of which are scientific and practical research in the field of national criminal and international criminal law. In the course of the research we used the following scientific methods: theoretical generalization (for the general characteristics of the institute of complicity, research of its forms, types, significance of this research); analysis and synthesis (drawing parallels between the norms of Ukrainian criminal law and international law); historical (study of the formation of approaches to determining the institution of complicity); generalization of results (formulation of conclusions). Results. The practical significance of our study lies in the huge role of clarifying the nature of complicity, its social danger and illegality for the fair and legal treatment of criminal offenses committed in several persons. Discussion. Research into the problems of this institution can further help to resolve the confusing issues related to bringing those who have committed criminal offenses in complicity to criminal liability, including international law, for crimes committed in military conditions.