Peculiarities of interaction between Ukraine and the International criminal court: legal aspects

Abstract

The article examines the main prerequisites for the creation of the International Criminal Court. It has been found that the international community has been trying for a long time to form the standards of international justice and to build a full-fledged, independent, permanent international judicial institution. In 2002, on the basis of the Rome Statute, the International Criminal Court was established, the main principle of which is the principle of complementarity, that is, the priority in the exercise of criminal jurisdiction is given to national judicial systems. The main task of the International Criminal Court is to strengthen Ukraine's national capacity to investigate and deal with the most serious international crimes. Ukraine signed the Rome Statute back in January 2000, taking the first step towards joining this document, but it has not been ratified yet. Ukraine can recognize the jurisdiction of the International Criminal Court under the conditions defined by the Rome Statute of the International Criminal Court. Legal aspects of Ukraine's interaction with the International Criminal Court, prerequisites for making changes to national legislation are considered. An analysis of the main legislative changes made in the period from 2016 to 2022 was carried out - the laws of Ukraine "On Amendments to the Constitution of Ukraine (Regarding Justice)” and "On Amendments to the Criminal Procedure Code of Ukraine and other legislative acts of Ukraine regarding cooperation with the International Criminal Court”. The statements of Ukraine regarding the recognition of the jurisdiction of the International Court of Justice, the conclusions of the prosecutor and the office of the International Court of Justice were considered. The conditions of cooperation of both participating states and non-participating states with the ICC during the investigation were analyzed. Consider the consequences of non-cooperation. It was concluded that Ukraine's ratification of the Rome Statute will give it the opportunity to be a full-fledged participant in the processes of the International Criminal Court, organizational and procedural rights, as well as additional guarantees regarding criminal prosecution for particularly serious crimes of guilty persons, limiting the resolution of this issue exclusively to internal means, which may be ineffective.