PUBLIC LEGAL AND PRIVATE LEGAL ASPECTS OF DEFINING THE DEFINITION OF «ECOCIDE» DURING MILITARY AGGRESSION

Abstract

The article examines issues that became relevant during the military aggression of Russia and Ukraine, namely ecocide. A comparative analysis of the composition of the crime «ecocide» and «ecocide during war» is provided, the need to distinguish between these concepts is argued, since the emphasis in these cases is on the nuances of defining the object of the crime, its objective side, subjective side and subjective object It is indicated that the blurring of the concept of «ecocide» due to evaluative judgments does not allow to fully bring the guilty parties to justice. A more extensive definition of ecocide is given in view of the military actions that are taking place today in Ukraine due to russian aggression, emphasizing the current position regarding value judgments, which have no place in criminal law and can enable war criminals to deny almost every case of crime. The position regarding the expediency of enshrining at the legislative level a separate article «ecocide during war» is substantiated. Also, in addition to the public-legal characteristics of ecocide, attention is drawn to the need to compensate for damage caused through instruments of a private legal nature. Issues of collective responsibility are highlighted which is usually not inherent in criminal law, but under certain conditions is more effective than individual responsibility, for example in the case of ecocide during war. It is proposed that in the case of recognition of a state recognized as an aggressor, a terrorist according to the signs, then in a forced manner without the ratification of any conventions on its part, a peacekeeping contingent of those countries that have decided on its illegal status should be introduced into it. Research is being conducted on the issue of ecocide from the standpoint of international law, in particular the Rome Statute, and positions on the prospects of Ukraine’s ratification of this international regulatory act are being discussed.