Interconnections between International and National Criminal Law Relevant to Energy Security
Interconnections between International and National Criminal Law Relevant to Energy Security
- Research Article
5
- 10.24144/2307-3322.2023.78.2.24
- Aug 31, 2023
- Uzhhorod National University Herald. Series: Law
The article examines the current challenges and prospects of legal regulation of ecocide in national and international criminal law. The author analyzes the problems of prosecution for ecocide in national criminal law and the prospects for such liability in international criminal law. The authors emphasize that the armed aggression of the terrorist state of the Russian Federation against Ukraine has had a devastating impact on the environment, which will take decades to restore. Russian attacks on Ukrainian oil depots, strikes on the territory of the Kharkiv Institute of Physics and Technology with its nuclear facility, the death of several million chickens at the Chornobaiv poultry farm, and the mass death of dolphins in the Black Sea are qualified as ecocide. The destruction of the Kakhovka hydroelectric power plant dam is qualified as ecocide and a violation of the laws and customs of war. The evolution, concept, and composition of ecocide are analyzed. Having found its legislative consolidation in the national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide has not been enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. The authors of the article emphasize the need to include the crime of ecocide in the Rome Statute, since serious damage to the environment during armed conflicts is still to some extent covered by the provisions of the Rome Statute, but such damage caused in peacetime falls outside the jurisdiction of the International Criminal Court. The authors of the article note that it is important not only to punish the racists for all crimes of ecocide committed in Ukraine since 2014, but also to force the aggressor state to compensate for all environmental damage caused. When creating a compensation mechanism, we must take into account the international practice of compensation for environmental damage caused by military actions, in particular the practice of the International Court of Justice and the historical experience of creating special compensation bodies (in particular, the experience of the United Nations Compensation Commission (UNCC), 1991-2022). The future compensation mechanism should be based on the «ecosystem services approach», which will significantly increase the amount of reparations to be paid by the Russian Federation to Ukraine. To ensure legal regulation of the concept of ecosystem services, it is necessary to develop and adopt the Law of Ukraine «On Ecosystem Services» and regulations aimed at its implementation (primarily, methods of inventory and assessment of ecosystem services).
- Conference Article
1
- 10.51204/zbornik_umkp_24115a
- Jan 1, 2024
The author discusses the relationship between international criminal law and national criminal law. The relationship between international and domestic law is a perennial issue in the theory and practice of international and constitutional law. Slovenian law recognises the supremacy of international law over national laws and regulations but maintains the supremacy of the Constitution over international law. Customary international law poses the greatest problem in the relationship between international and national criminal law. Unlike international law, which considers customary law an extremely important source, national criminal law expressly prohibits using customary law because of the principle of legality. In Slovenia, the principle of legality in criminal proceedings is also expressly enshrined in Article 28 of the Constitution. The author considers that, by adopting the Act on Cooperation between the Republic of Slovenia and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, Slovenia has ratified instruments of international law which are contrary to Article 28 of the Constitution of the Republic of Slovenia. A similar finding applies to the Rome Statute of the International Criminal Court. Such a conflict can only be resolved in two ways: either by denunciation of the treaty or by amendment of the Constitution. The author cannot predict how the legislator will decide.
- Research Article
- 10.25313/2520-2308-2022-4-8034
- Jan 1, 2022
- International scientific journal "Internauka". Series: "Juridical Sciences"
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.
- Conference Article
- 10.51204/zbornik_umkp_25138a
- Jan 1, 2025
The relationship between international criminal law, which obliges Montenegro, is prescribed in Article 9 of the Constitution of Montenegro and states: “Ratified and published international treaties and generally accepted rules of international law are an integral part of the internal legal order, have primacy over domestic legislation, and are directly applied when they regulate relations differently from domestic legislation.” The relationship between these two types of law is an issue that is constantly debated in the theory and practice of international and national law. However, regardless of national legal framework, the state is obliged to respect international law. The state is the most important subject in the formation and application of the principles of international criminal law within its national legislations. The extent to which a state respects international criminal law is reflected in the inclusion of international criminal acts into national criminal legislation. In the case of Montenegro, it could be concluded that the Criminal Code of Montenegro prescribes practically all criminal acts that are incriminated in international criminal law, especially the most serious criminal acts.
- Research Article
- 10.36695/2219-5521.1.2020.75
- Apr 15, 2020
- Law Review of Kyiv University of Law
The article covers the topic of national legislation as a source (form) of transnational criminal law. International criminal law doctrine has examined different aspects of legal sources many times, but development and establishment of transnational criminal law creates a necessity of research with a view to substantiating the concept of transnational criminal law and researching the empiric basis: international legal act and legislatures of different states. Author finds that the systems of legal sources are in a state of constant development and reassessment, which does not change the fact that domestic legislation always takes its place in such systems. The author analyzes the positions of domestic and foreign scientists on the recognition of national legislation as a source of international criminal law. The place of national legislation in the system of sources of transnational criminal law its ancillary character are determined. The author substantiates the position of recognition of national legislation as a source of transnational criminal law in view of the important conceptual feature of this sub-branch of law, which is manifested in the interaction of transnational (international) and domestic (national) criminal law. Transnational criminal law as part of international criminal law is part of the system of international law, is based on its principles and closely linked to national criminal law. The article notes that every national or international legal system contains a specific system of legal sources, determined within its demands which allows to distinguish the peculiarities of each separate system. National legislation holds a special place in any of such system of sources of international criminal law and belongs to the group of auxiliary sources. It is emphasized that national legislation does not directly regulate international relations, but does affect transnational criminal law in various ways, in particular by criminalizing transnational crimes and penalizing them; according to the rules of national law, criminal prosecution of criminals and implementation of norms in accordance with the jurisdiction defined in the national legislation, etc., takes place.
- Research Article
- 10.31014/aior.1996.01.03.22
- Sep 30, 2022
- Law and Humanities Quarterly Reviews
The Indonesian nation does not yet have its product national criminal system. The current national criminal law system is the legal system left by the Dutch colonialists. The national criminal law system must be built based on the ideals of the nation contained in the Preamble to the 1945 Constitution. The research aims to formulate a future profile of national criminal law in Indonesia. This research uses a philosophical approach, which is to analyze the ideal law in the future. Data were analyzed qualitatively. The results of this study indicate the existence of criminal law in society as crime prevention through criminal law laws. Criminal law has a repressive and preventive function. Criminal law is part of the overall law that applies in a country in implementing criminal provisions. The Indonesian nation needs its own national criminal law system. The national criminal law is a criminal law based on Pancasila and the 1945 Constitution which applies nationally in Indonesia. Having its national criminal law for the Indonesian people is an effort to reveal national identity by the hopes and ideals of the independence of the Indonesian nation. The national criminal law profile ideally is the ideal of Pancasila law which is the perspective of the Indonesian people and places the bonds of togetherness and kinship ties as the core of the social life of the Indonesian people. The national criminal law system must be oriented to three pillars, namely: oriented to the values of “God”; oriented to the values of “Humanity”; and oriented to “Society” values.
- Research Article
37
- 10.22216/soumlaw.v1i1.3398
- May 8, 2018
- Soumatera Law Review
The principle of legality is the oldest principle of criminal law and is almost found throughout the national criminal law in the world. The existence of this principle is simply to protect citizens from the arbitrariness of the authorities. The strengthening of the issue of human rights contributes to the development of the legality principle, both from national criminal law and international criminal law. Events relating to this issue affect the application of legality principles in law enforcement. The issues to be discussed in this paper are the theoretical principles of legality in criminal law in general and the development of legality principles in national criminal law and international criminal law. The research was conducted by normative juridical method with data collection method through literature study. The application of the principle of legality both in national criminal law and in international criminal law is not rigid, especially to combat crimes against human rights. But in national criminal law must be made in written rules, whereas in international criminal law can be referenced from customary international law.
- Research Article
- 10.21564/2414-990x.172.356444
- Apr 7, 2026
- Problems of legality
During the period of full-scale invasion, when open proceedings under Part 2 of Article 1111 of the Criminal Code of Ukraine are becoming more and more numerous, it is necessary to ensure the right to a fair trial (taking into account the norms of international humanitarian law and international human rights law) in criminal proceedings for the commission of crimes against the foundations of national security of Ukraine, which is the relevance of this study. The purpose of this scientific work is to conduct a detailed analysis of national and international legislation, their correlation, and the identification of conflicts and gaps. To achieve the goal of the study, the following methods were used: the method of analysis, which consisted in studying the current legislation of Ukraine, international humanitarian law and relevant judicial practice; the empirical method, which was used to collect and analyze statistical data on the application of Part 2 of Article 1111 of the Criminal Code of Ukraine in judicial practice, including surveys of specialists in the field of criminal justice, as well as the population that found themselves in temporarily occupied territories; comparative legal method of Ukrainian legislation and international humanitarian law. The results of the study revealed the issues of the correlation of national and international legislation. It was established that there is a gap in national law and issues in judicial practice. A survey of people from temporarily occupied territories was conducted, which helped to create public opinion on collaborative activities and legal awareness of the population. The survey of experts showed that in practice, national legislation does not clearly distinguish between the concepts of “cooperation with the enemy under duress” and “voluntary cooperation” (in the context of collaborative activities), as well as the presence of a conflict between the norms of national and international law (in the context of collaborative activities). It was revealed that due to the lack of a full interpretation of the norms and consistent judicial practice, similar cases are classified under different articles of the Criminal Code of Ukraine, which leads to violations of human rights, as well as to appeals to the European Court of Human Rights in the future.
- Research Article
- 10.2298/medjp0502031j
- Jan 1, 2005
- International problems
After a long historical development, the second half of the 20th century has inaugurated the new, latest branch of the punitive law - international criminal law. By its legal nature and characteristics it is somewhere between the national criminal law and international public law, maintaining its peculiarity and independence. The basic and most important notion and institute of this branch of law is certainly the international criminal act. In the theory of law (domestic and foreign), there are several views on the notion and contents of the international criminal act. However, it can be concluded that this notion implies a socially dangerous, illegal act committed by the perpetrator and defined as a criminal act whose perpetrator is to be punished as prescribed by the law. Such a defined notion of the international criminal act includes its basic elements, and these are as follows: 1) the act of a man (including the act of an adult person that can be committed in three forms: acting, non-acting, failure to provide proper supervision, effect and casualty; 2) social danger; 3) unlawfulness; 4) definition of an act by rules, and 5) guilt of the perpetrator. There are two kinds of international criminal acts: international criminal acts in a narrow sense and international criminal acts in a broad sense. The most significant are certainly the international criminal acts in a narrow sense that are directed towards violation or endangering of the universal, general civilisation values - international law and humanity - what is actually the subject of protection from these criminal acts. Apart from the international criminal act, the theory of law also includes a foreign criminal act (any criminal act with a foreign element). By all this, these two notions coincide largely, but are also considerably different from each other. Apart from the general notion of the international criminal act, the theory of law also includes a special being or a special notion of the international criminal act by whose characteristics and specific forms and shapes of manifestation some international criminal acts or responsibility of their perpetrators actually differ from each other. As a matter of fact, all international legal documents in this field (and then national criminal legislation as well) deal with the whole system of various incriminations punished by various kinds and sorts of penalties (as basic sorts of criminal sanctions). The following documents deal with some international criminal acts in their specific forms and shapes of manifestation: The Statute of the International Military Tribunal (that served to reach the Nuremberg and then the Tokyo verdicts), the Law No. 10 of the Control Council for Germany, the Statute of the Hague Tribunal for the Former Yugoslavia as well as the statutes of some other ad hoc tribunals such as: Tribunals for Rwanda, Eastern Timor and Sierra Leone, then the Statute of the Iraqi Special Tribunal and finally the Permanent International Criminal Court Statute (the so-called Rome Statute).
- Research Article
- 10.7220/2029-4239.14.23
- Jan 1, 2016
- Law Review
The topicality of the issue concerning the international legal cooperation in criminal cases did not fade away until the beginning of the 19th century when on 2nd March 1802 the first multilateral international treaty intended for the extradition question was signed. Nevertheless, the fact that on the basis of this treaty neither person was surrendered actually became a significant signal that the fluency of the legal cooperation in criminal cases of states may be ensured only with the alternative of the international treaty – national law. Despite the fact that in 1994 Lithuania sent a message to the world that the legal cooperation at least in the sphere of extradition shall take place on two legal grounds (international treaty or national law), in the real world the second ground of legal aid in principle was not developed. The reason of such situation is that in Lithuania the regulation of this question regarding the international legal cooperation of states in criminal cases did not have nor has coherent concept. Breaches of legal regulation and discrepancies as well as Lithuania’s practice initiating extradition procedures in the absence of international treaty, in author’s opinion, enable to speak more decidedly about the necessity to build the so called unconventional bridge of legal cooperation in criminal cases with foreign states. Only under this condition Lithuania has a right to speak about concrete and not illusory actions securing efficient crime control based on the principle aut dedere aut iudicare. It is assumed that improving Lithuania’s legal base it would be useful to refine cases when international legal aid in criminal cases is possible only on the basis of international treaty and when on the basis of national law. The question regarding the content of corresponding national legislation is an issue of a wider discussion. Points of view may be diverse. For every form of the international legal aid in criminal cases a separate law (special procedural legislation) may be adopted or one specialised procedural law regulating all issues related to the international legal cooperation may be passed. Moreover, the question of the status of legal aid requests received by foreign states may also be a debatable matter. In this case, author offers to draw attention to the practice of Canada when extradition requests presented not on the grounds of international treaty are regarded as ad hoc contracts. Arguing the need of the national extradition law or the law standardizing questions of other international legal aid forms, the author suggests solving series of important issues among which the most urgent are the following: concept of the political offence, term of the reciprocal criminalisation, humanitarian conditions prohibiting the legal cooperation. Furthermore, in the opinion of the author, resolving the valid problems of states’ international legal cooperation, Lithuania should also improve norms regulating criminal jurisdiction principles as the existing system of these principles does not ensure the inevitability of responsibility. The other author’s position of principle concerns the fact that issues of states’ legal aid in criminal cases should not be regulated by the norms of the Criminal Code as they have no direct connections neither to the purpose of the Criminal Code nor to main regulations of the criminal liability, nor to the validity of the criminal law. Meanwhile, the procedural nature of norms regulating legal grounds and order of states’ international legal aid in criminal cases is evident because concerned norms inter alia help shortly and comprehensively to disclose offences and properly apply the law.
- Research Article
- 10.46941/2025.se1.23
- Jun 29, 2025
- European Integration Studies
Climate protection is one of the most urgent tasks to be addressed by international, EU, and national law. This affects international and constitutional law, environmental administrative law, as well as criminal and civil law. Climate protection is increasingly being strengthened by the judgment of the European Court of Human Rights, the opinion of the International Court of Justice, and decisions of national courts based on fundamental and human rights. Legal proceedings are increasingly being conducted strategically in order to force states to take climate protection measures and thus help international treaties such as the 2015 Paris Agreement to achieve a breakthrough. Even if these court decisions do not specifically deal with criminal law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union provide a framework for criminal law within which the European Union Directive on environmental criminal law (2024) and the Convention on the Protection of the Environment through Criminal Law of the Council of Europe (2025) must comply. When implementing these legal requirements into national law, criminal law has a considerable degree of methodological, conceptual, and argumentative independence from constitutional law. Therefore, effective and consistent penal solutions must be developed in national criminal law systems.
- Research Article
1
- 10.32886/instzak.2020.02.08
- Mar 13, 2020
- Scientific Papers of the Legislation Institute of the Verkhovna Rada of Ukraine
В умовах правової глобалізації об’єктивно посилюється зв’язок міжнародного права з національними правовими системами держав – членів міжнародного співтовариства, що знаходить свій прояв у взаємодії норм і принципів міжнародного права, які містяться в міжнародних договорах з системою національного конституційного права і законодавства. Найбільш яскраво ця взаємодія проявляється у запозиченні нормами національного конституційного права держав міжнародних правових стандартів як складної системної нормативної феноменології міжнародних договірних відносин, що після визнання державами-учасницями міжнародних договорів, шляхом їх підписання, повинні бути імплементовані в національну систему конституційного законодавства для подальшої дії на рівні та як звичайних норм національного конституційного права.
 Метою статті є дослідження феноменології місця, ролі, значення та застосування міжнародних правових стандартів у національному конституційному праві в контекстуалізації їх доктринального визначення, розуміння, а також праксеологічної цінності через дослідження їх поняття, ознак та місця в його системі джерел.
 Наукова новизна полягає у дослідженні місця та ролі міжнародних правових стандартів у національній системі конституційного права через визначення їх поняття, ознак та місця в системі джерел конституційного права.
 Висновки. Конституційне право держави є основоположною, фундаментальною та єдиною профілюючою галуззю національного права, бо саме її правові норми регулюють основні відносини, що виникають у процесі становлення, існування, функціонування та взаємодії між собою особистості (людини), суспільства та держави. Отже, з огляду на такий конституюючий характер зазначених правових відносин саме конституційному праву належить особлива роль у моделюванні національної системи права та національної системи законодавства, включаючи й запозичення норм міжнародного права. Актуальність досліджуваної проблематики обґрунтовується відсутністю вітчизняних наукових розробок з комплексного дослідження категорії «міжнародних стандартів», розкриття особливостей їх впливу на становлення і розвиток конституційного права України, з’ясування їх місця у сфері прав, свобод та обов’язків людини і громадянина в конституційному праві України, а також у формуванні та діяльності органів державної влади та місцевого самоврядування, нерозвиненістю відповідного законодавства та недостатністю узагальнення практики й зарубіжного досвіду із вказаних питань, – хоча її важливе теоретичне і практичне значення для розвитку національного конституційного нормопроектування (законопроектування), а також нормотворення (законотворення) у сфері імплементації міжнародних стандартів до національного законодавства України, є безумовно важливим. Наявність великої кількості доктринальних підходів щодо розуміння міжнародних правових стандартів все ж не вирішує завдання їх оптимального визначення, – разом із тим вважаємо, що теоретичні наробки в цій сфері йдуть по продуктивному шляху через визначення правової природи міжнародних правових стандартів, суб’єктів їх розробки, їх прийняття та легалізації на міжнародному рівні. Характерними рисами міжнародно-правових стандартів виступають: наявність об’єкта і методу правового регулювання; їх погоджувальний характер; їх координаційний характер; обов’язковість для тих сторін, які визнали їх добровільно; форми їх існування – міжнародний договір або інші акти міжнародних організацій; забезпечення їх реалізації, що відбувається на рівні держав або міжнародних організацій як об’єднань держав; їх структурна особливість, якою є відсутність структурного елемента норми – санкції. Міжнародні правові стандарти, що містяться в міжнародних багатосторонніх договорах, є ординарними та належними джерелами національного конституційного права, що можуть бути застосованими в практичній діяльності його суб’єктів як й інші норми національного права та законодавства.
- Research Article
1
- 10.52468/2542-1514.2022.6(1).50-62
- Mar 23, 2022
- Law Enforcement Review
The subject. The interaction of modern national legal systems and the international legal system is still the most controversial legal phenomenon. An exclusively national approach to solving issues of the general theory of international law could not and cannot justify expectations and close the need for legal comprehension. The situation is aggravated by the fact that, at the level of universal international law, the solution of issues on the agenda with the help of positive methods of legal regulation, and, consequently, the implementation of the norms of existing international treaties today are criticized, tested and often completely violated. The implementation of the norms of existing international treaties is increasingly faced with attempts to refute their postulates using the "customs" under which those "rules" are veiled. In such conditions, national legal systems may experience an increased "feeling of jealousy" to their sovereignty and try to "close" as much as possible using the principle of non-interference in the internal affairs of the state.Purpose of the study. In such conditions, it is most important to choose the right vector in improving international law, and not order, law based on normative principles. It is important to correctly "choose the key" to harmonizing the will of sovereign states of our time. The article is devoted to the search for a more correct way of developing international law through its interaction, and not counteraction with the national one.Methodology. The research was carried out using a formal legal interpretation of international legal acts, as well as a comparative analysis of Russian and foreign legal literature. Structural and systemic methods are also the backbone of the study. The conclusions of the work are based on dialectical unity and the struggle of opposites, as well as on interacting deduction and induction in relation to legal systems.The main results. The growing trend towards fragmentation of international law leads to a reduction in the base of sources in the universal sphere of international law. The intensification of regionalization and the creation of regional unions of sovereign states is becoming a source of polar processes: on the one hand, supranational control over the observance of international law by states within their legal system increases, on the other hand, natural situations of non-execution of decisions of international judicial bodies arise. Such situations, without a proper assessment of the reasons for the issuance of the international acts of law enforcement themselves, can lead to unfounded criticism. There is an impressive amount of work in the field of correlation between international and national law, as well as in the field of enforcement of decisions of international judicial bodies. Despite this, in the field of practical implementation of the norms of international law, there remains a lack of doctrinal developments. Such a situation will inevitably lead to attempts to create a semblance of a norm, an escalation of confrontation, and an inability to reach agreement on issues on the agenda. The situation at the level of the universal international legal system is aggravating, therefore, the verification of the limits of competence of regional education authorities, in particular of supranational judicial control bodies, becomes even more important.Сonclusions. The author comes to the conclusion that, on the one hand, in the sphere of universal international law, there is a reduction in the base of sources of international law. On the other hand, in the field of regional international integration, on the contrary, the number of sources of international legal regulation is increasing, and the process of their implementation is intensifying. Universal international law based on the principles of the UN Charter is the most qualitative regulator of the field of international public relations. However, at the present stage of development of the international community, regional integration may well come to its aid: through regional interaction, the consolidation of the wills of sovereign states can and should be achieved a legal constructive dialogue on key issues of already universal international law. Using the approaches of national legal regulation exclusively and unilaterally, it is impossible to productively approach issues of international law: neither in the field of creating international organizations of various types, nor in matters of fulfilling obligations under international law. According to the results of the study, it was concluded that only non-confrontational interaction of specialists in the field of international and national (primarily constitutional) law can provide the construction of the most effective model of interaction of these legal systems. This requires a transformation of the basic approaches to the issues of interaction between international and national law. The basic unity of the general theory of law and the specific features of legal systems should be the starting points for doctrinal research of existing legal structures and the practice of their implementation.
- Research Article
4
- 10.37566/2707-6849-2020-2(31)-5
- Jul 30, 2020
- Slovo of the National School of Judges of Ukraine
The unification of criminal legislation is the most powerful method of international law influencing on national criminal-law systems. In accordance with the comparative legal researching of the criminal liability regulation is the accumulation of law-making practice experience in counteracting of a particular crime, in our research – counteracting of coercion to wedlock. Ukraine hasn’t ratified the Council of Europe Convention on the Prevention and Combating of Violence against Women and domestic violence; Istanbul Convention (hereinafter referred to as the «Istanbul Convention») yet, but a number of its provisions have been implemented into national law. The article 37 of Istanbul convention determines a «force marriage» and determines that parties apply all legislative or other events are needed for providing of criminal responsibility of intentional behavior, that compels adult or child to marriage. European states in dominant majority determine the coercion to marriage as a separate crime. In this context, national criminal law concerning forced marriage is assessed to be fully consistent with current trends of criminal legal protection rights, individual freedom and marriage and family relations in accordance with the criminal law of foreign countries and international treaties (e.x. Istanbul Convention)). There are two positions of coercion to marriage singled out in foreign countries legislation: as an attack on personal freedom (Norway, Germany, Switzerland, Sweden, Denmark, the Netherlands, France, Spain, Austria) and as an attack on marriage and family relations (Bulgaria, Belgium, Montenegro, Serbia). According to criminal law of Belgium, Austria, Sweden and Ukraine the responsibility for coercion cohabitation is provided, besides coercion to marry. Switzerland, legislator singles out a special form of coexistence – forced registration to same-sex partnership. The use of violence and threats of violence are typical and alternative methods of coercion to marriage. However, there are some exceptions as: forced marriage under the threat of breach or termination of family relationships with family members; threat of slander and use of direct slander. According to Article 151-2 of Ukrainian Criminal Code «coercion» is a crime-forming feature, which is determined by a socially dangerous and unlawful act. Forming a criminal law prohibiting of forced marriage, Ukrainian legislator doesn’t follow the list of socially dangerous methods, leaving the interpretation of this issue for law enforcement practice. In regard to the issue of punishment for coercion to marriage European legislators have unequivocal position and determine the punishment in the form of imprisonment. Appropriate legislative experience of the foreign countries should be borrowed in order to harmonize of the national coercion marriage legislation. We recognize that it is expedient to define a fine as a compulsory additional penalty for coercion, in view of sentencing courts practice. Key words: coercion to marriage, coercion to enter dormitories, criminal liability, crimes against freedom, honor and dignity of a person.
- Research Article
2
- 10.17150/2500-4255.2020.14(2).313-326
- Apr 30, 2020
- Russian Journal of Criminology
The Russian state exercises sovereignty over its waters and has exclusive criminal jurisdiction with respect to crimes infringing on the security of oil, research or other stationary platforms in these waters, although their status may differ, for example, Lake Baikal; part of a continental water body (the Caspian Sea); marine internal waters (the Peter the Great Gulf); the territorial sea of the Russian Federation. Despite certain differences in status, all these waters are united by being part of the Russian territory. They differ from the waters that are not part of the territory of the state, but are above the continental shelf of the Russian Federation; these are the waters of the exclusive economic zone of the Russian Federation, and the open sea waters start beyond the 200-mile distance from the baseline. Even in the latter case, since a platform is stationary on the continental shelf of the Russian Federation, it is within the exclusive criminal jurisdiction of the Russian Federation. Counteraction to crimes infringing of the security of platforms fixed to the seabed includes a wide range of legal and organizational-legal measures. Besides, an important part is played by the special norms of international and national laws, including the criminal legislation of the state that has jurisdiction over the water body where a fixed platform is located. This article presents suggestions on improving Russian criminal legislation taking into account Russia's participation in the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 1988, other applicable norms of international law, the necessity to observe international law obligations and protect the national interests of the country. The authors suggest that unlawful acts of seizing a fixed platform or other violent actions infringing on the security of this object, the security of personnel operating it, aimed at forcing a state or an organization which is legally operating this object to perform or abstain form certain actions, and resulting in the intimidation of the population should be specifically included in the national criminal law as a separate type of terrorism crimes. The authors also recommend to add the norms on criminal liability for other unlawful, criminally punishable acts (which are not acts of terrorism and do not have the features of terrorism), including the attempts of illegal entry into a fixed platform or hindering its operation, to Chapter 24 of the Criminal Code of the Russian Federation «Crimes against Public Safety» as a separate Article of the Criminal Code of the Russian Federation among the norms regarding crimes that violate the security of the functioning of potentially dangerous objects (potentially dangerous operations). They recommend to use the most successful international legal experience to improve corporate acts within the framework of Russian legislation through the content specification of the scope and type of rights and obligations of business entities, including the relationships of the fixed platforms personnel with the law enforcement bodies with the purpose of a more effective inclusion of business entities in the system of measures of preventing and suppressing illegal interference in the functioning of fixed platforms in the Russian waters.