Abstract
Anti-criminal policy has its components, among which criminal law policy is the main one, because it is the criminal law that is the legal basis for countering crime. The evolution of the Russian-Ukrainian war from the so-called «hybrid» to «aggressive» was predictable and natural. The concept of aggressive war should occupy a prominent place in the criminal legislation of Ukraine, taking into account the various forms of waging modern wars, in particular those that Ukraine has faced — in a hybrid format. Hybrid warfare is a covert form of aggression. In the context of the war in Ukraine, it should be noted that aggression is not a concept synonymous with aggressive behavior (in the draft Criminal Code of Ukraine). Aggressive behavior at its core contains a biological factor, while aggression can be the result of purposeful actions aimed at inciting it in society and spreading hatred towards other social groups or states. Violence and aggression are one of the most dangerous manifestations of violation of human rights, the provision of which is an imperative in the policy of every state that positions itself as a legal and social state. An act of violence is often associated with the manifestation of such a character trait as aggression. Establishing criminal responsibility for stalking is a promising direction of criminal law policy of Ukraine. Such a norm is contained in the criminal codes of many states, and in the conditions of globalization and European aspirations, Ukraine should adopt the positive experience of European countries. Domestic developers of the Criminal Code of Ukraine propose normalizing persecution as a crime against humanity. Whereas in the legislation of foreign countries, this is primarily an offense against personal freedom. Such a problem requires further scientific research. Currently, the wording of the article «Obsessive persecution of a person» is proposed, which should be placed in the current Criminal Code of Ukraine in Chapter II of the Special Part «Criminal Offenses Against the Life and Health of a Person», and in the future — according to the current Draft of the Criminal Code of Ukraine in Chapter 4.4 «Criminal offenses against personal freedom and human dignity». Key words: criminal law policy, violence, aggression, aggressive war, persecution, personal freedom, tribunal, international law, criminalization, war, crimes against humanity, physical influence and psychological influence, threat, hybrid war, crimes against peace.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call