Aggressor State Research Articles

Political and legal aspects of obtaining post-war reparations for crimes of ecocide committed by the Russian Federation on the territory of Ukraine

The war that has been going on in Ukraine for more than nine years is dealing a devastating blow to the environment every day, as any military action affects the Earth’s natural resources in one way or another. Every day, the army of the aggressor state uses methods and techniques of armed conflict prohibited by international humanitarian law and causes intentional damage to the environment and civilian population of Ukraine. With this in mind, the article examines the conceptual framework (theoretical and practical) for the payment of post-war reparations by the Russian Federation to Ukraine and its political partners in connection with the international crime of ecocide.
 It is established that attention to the issues of environmental pollution is quite justified, since due to harmful production processes of economic activity, as well as due to armed conflicts, human civilization is destroying the Earth’s ecological shell, thereby causing irreversible damage and bringing us closer to an environmental catastrophe. Such actions are recognized in public international law as ecocide, although there is still no single definition of this concept at either the national or international level.
 The concept of “ecocide” arose long before its practical application in domestic and international scientific circles. At the same time, the active use of the term “ecocide” and its consideration as one of the main international crimes began only in the late 1970s. This was the impetus for the implementation of provisions on ecocide in national legislation and the establishment of criminal liability for its commission.
 At the same time, the author emphasizes the urgent need to amend Article 5 of the Rome Statute of the International Criminal Court due to the fact that the concept of “ecocide” is mentioned in the document in passing and does not contain clear legal regulation. The initiative of the Stop Ecocide Foundation, which presented the Draft Amendments to the Rome Statute of the ICC in June 2022 on the occasion of the 75th anniversary of the Nuremberg Trials, is considered promising. Unlike the current version of the Statute, the initiators provide a clear definition of the concept of “ecocide”, which will allow the signatory states to freely apply this provision in practice.

Introducing public choice in international relations: the Russian invasion of Ukraine

With this article, I present a public choice perspective on Russia’s war on Ukraine. I criticise the realist view according to which Russia’s security concerns, defined by President Putin, prompted the conflict. I argue that realism offers a deficient analytic framework to the extent that it disregards the political and economic structure of Russia and, generally speaking, how the political economy of each case study shapes preferences, strategies and intra-elite relations, which feed into foreign policy formation. Russia is a government-controlled economy and society; a key property of Russia’s political economy is the dependency of key socio-economic actors and groups on the regime’s survival. This landscape pre-empts the expression of genuine feedback and dissent from society, and explains why Putin’s decision has faced very little disagreement and resistance. Given the previously close economic ties between Russia and Ukraine, this article also challenges capitalist peace theory for its blanket assertion that dense economic relations would provide a strong disincentive for countries to resort to war. Instead of talking about capitalism generically, we can discern varieties of capitalism, as they condition state–society relations differently. In Russia, the value that key socio-economic elites assign to their relationship with Putin outweighs the costs they are experiencing from the conflict and the external sanctions. Developing a public choice perspective in the study of international relations focuses on the preferences and strategies of the leadership and of domestic elite-level actors within the aggressor state, and invites attention to the power asymmetries that characterise their relationship.

The War in Ukraine under International Law: Its Use of Force and Armed Conflict Aspects

Abstract Nearly two years have passed since the Russian aggression against Ukraine started in February 2022. However, there appears to be no prospect for a ceasefire. The long duration of this situation, which fundamentally undermines the prohibition of the use of force and flatly disregards rules on armed conflict, was unexpected. The international order thus faces a critical situation, but a calm and objective analysis is still necessary. Such a perspective is significant as it helps to maintain the rule of law in the international community over the long run, while simultaneously shedding light on possible constraints that other States have in relation to the aggressor State. This article analyzes the legal aspects of the war in Ukraine, focusing on rules concerning the prohibition of the use of force and the law of neutrality.

A statistical method for the assessment of metrological characteristics of reference materials

Standard reference materials of the composition and properties of substances and materials are used in both industrial and non-industrial sectors of society to ensure measurement uniformity and traceability in those types of measurements that cannot be provided using standards.
 During times of war and increased nuclear threat due to a full-scale invasion by an aggressor state, there is a need for heightened attention to the verification of ionizing radiation detection blocks, measurement channels of radiation monitoring systems, radiometers, and radiometric installations, as well as alpha, beta, and gamma radiation spectrometers.
 The aim of the paper is to demonstrate the method to evaluate the measurement uncertainty of reference materials (Europium-152 (Eu-152), Сaesium-137 (Cs-137), and Thorium-232 (Th-232)) when they are generated and calibrated according to the international regulations. The evaluation of the measurement uncertainty of a radioactive reference material with a natural half-life period is relevant and valid, considering its homogeneity properties and stability. To assess the properties, as well as the measurement uncertainty, one-variant variance analysis was performed.

Challenges arising from cyber security in the dimension of modern global security (on the example of the Russia-Ukraine war)

The challenges and threats from cyber security are increasing every day in the world. All this has a significant impact on international relations. When we are dealing with such a revolutionary development of technology as in the 21st century, it is already necessary for all states to have high-standard cyber security systems. This is not an easy issue to solve, because cyber security requires quite a lot of finances, human resources, and also specially trained professionals. Threats emanating from cyberspace need a proper response, in this case we have no choice, the whole world is facing danger. Cybercrime and the damage caused by it are increasing year by year. Also, all this affects a person psychologically and leaves a feeling of insecurity. The biggest problem is that aggressive states, terrorist organizations, non-state groups, large corporations, etc. are mostly involved in this virtual war (as in the real one). As an example, we can cite such an aggressor state as Russia, which carries out major cyber attacks against Ukraine, Georgia and other states whose cyber security systems are less protected. The transition of political, military, social or criminal processes into cyberspace has made cyber security one of the main segments of state security. Countries with developed cyber-offensive potential, primarily Russia, successfully use cyberspace both during war and conflict, as well as in peacetime, to gain geopolitical advantage. This article discusses the challenges and threats associated with the development of modern cyber and information technologies, analyzes the threats associated with the new information security capabilities of modern states, including cybersecurity. The aim of the paper is to present the role of cyber security in the Russia-Ukraine war and the threats arising from it. The following methods are used in the paper: methods of historical-descriptive, policy research and comparative analysis. The paper uses the theories of balance of power and securitization.

The influence of civil society institutions on the implementation of public administration in the conditions of martial law in Ukraine

The article examines the impact of civil society institutions on the implementation of public administration in Ukraine under martial law. It has been established that civil society is understood as a free association of citizens, the purpose of which is to satisfy common interests, ensure values, and realize rights. The signs of civil society are singled out: it is formed exclusively on a voluntary basis and on the basis of common goals, interests, desires of a certain audience for the purpose of their development and satisfaction; cooperation of civil society as a whole and its institutions in particular with state institutions, being at the same time independent from them to a certain extent; in the formation of public institutions, the greatest value is a person, a person, a citizen, in particular his rights, freedoms and legitimate interests, as well as their implementation in reality; the presence of a certain special and specific structure, the level of development of civil society depends on the level of its complexity. It has been established that the interaction of civil society institutions with state bodies is manifested in participation in the initial development and discussion of draft legal acts, which, among other things, are aimed at the normalization of all spheres that have suffered in one way or another from the aggressor state. It was determined that the influence of civil society institutions in martial law is manifested in their exercise of public control over the activities of state authorities in the form of public monitoring of the preparation and implementation of decisions, examination of their effectiveness. It has been established that the form of interaction between the analyzed subjects is the submission by civil society institutions to state authorities of their own expert proposals, the formation of joint advisory and expert bodies, councils, commissions, and groups to ensure that public opinion is taken into account in the formation and implementation of state policy. It has been established that an important duty of public administration subjects as a form of response to all actions of civil society institutions is to conduct appropriate monitoring and analysis of public opinion, as well as to ensure timely public response to public proposals and comments.

The concept of a forest as a natural object and an object of legal protection

This scientific article provides a general description of forest resources as an object of administrative and legal research and an object of legal protection, as well as a study of the general concept of a forest and the concept of a forest as an object of legal protection. In modern conditions (aggression from Russia and crimes against ecocide), the issue of forest protection is very relevant. As you know, everything in nature is interconnected and interdependent, so by preserving the forest, we also preserve other natural objects. It has been established that forest resources are wood, technical, medicinal and other forest products that are used to meet the needs of the population and production and are reproduced in the process of forming forest natural complexes.
 An analysis of the concepts of the forest from the point of view of scientists and legal acts was carried out, and the role of the forest and its functions were determined. Our vision of the concept of forest is proposed, namely: a forest is a complex, multifunctional, reproducible object of nature (plant life) and an object of state ownership, which is part of the natural environment and performs two important functions: economic and ecological. The economic includes: the use of wood in economic activities, the use of gifts of the forest (berries, mushrooms, medicinal plants) - in vital activities and human health. Ecological can include the restoration and purification of air in the atmosphere, a positive effect on the regulation of the ecosystem in all territories of Ukraine, from an agricultural point of view, it has a positive effect on the protection of soils from erosion and increases the yield of agricultural products, etc. After all, the possibility of the existence of a forest as such is related to its inherent property, namely: restoration, i.e., a continuous, constantly operating process of vital activity of interconnected organisms that go through a complete life cycle from birth to death with subsequent reproduction.
 The issue of legal protection of forests of Ukraine was also considered, measures were proposed to improve the legal regulation of relations. Based on the analysis of scientists, the features regulating relations in the use and protection of forests have been established. After all, the shortcomings of the national forest legislation and insufficient protection of forests, illegal felling, problems in delimiting the powers of control bodies, ecocide against natural forest objects by the aggressor state lead to the destruction of forests and damage to the surrounding natural environment.

The right to education and the principle of equality: from an idea in the works of Professor Hersch Lauterpacht to enshrining in the Universal Declaration of Human Rights

The article examines the scientific contribution of Professor Hersh Lauterpacht to the development of the idea of enshrining in writing the right to education in the Bill, its content and the principle of equality. It is noted that Sir H. Lauterpacht’s scientific views on the right to education are still relevant today. Attention is focused on the fact that everyone’s right to education is sometimes replaced by people’s enlightenment. The issue of ensuring the right to education by the aggressor state in the territories temporarily occupied by it is raised. It is stated that the state violates its international obligations to ensure everyone’s right to education if it replaces people’s education with people’s enlightenment. The issue of the economic development of the state, the economic potential of the state, international and domestic standards of the right to education, and their interrelationship is also raised.
 It is concluded that the ideas set forth in Professor G. Lauterpacht’s monograph «The International Bill of Human Rights» were progressive in nature, and essentially it was about the need to establish a written catalog of human rights, as well as about the fact that this catalog should be part of the structure of the world. Sir Gersh Lauterpacht in his scientific work applied the approach according to which he proposed to enshrine the state’s obligations in the field of human rights in the Bill. In the Universal Declaration of Human Rights, an approach was applied, according to which human rights were enshrined, and with respect to the duties of the state, a veiled enshrining of them was applied.
 It is established that Sir G. Lauterpacht: 1) considered the right to education of everyone as a duty of the state, which it must conscientiously fulfill; 2) linked the standard of the right to education with such factors as: 1) the economic potential of the state; 2) economic development of the state. Accordingly, in states that have higher economic development and greater economic potential, the standard of education should be higher, and in states that are less economically developed and have less potential, the minimum standard of the right to education should be ensured; 3) introduced such a criterion for evaluating the fulfillment of the state’s obligation to ensure the right to education as efficiency. If the state is an entity that has the duty to effectively ensure the right to education, then, accordingly, the state must bear responsibility if it does not effectively ensure this right.
 Professor G. Lauterpacht proposed to enshrine the principle of equality in writing. Regarding the content of this principle, he applied an approach according to which the state is entrusted with the duty to ensure full equality before the law of all and equal treatment of every person of state power. It is established that the idea of the prohibition of discrimination and its content, which Professor Hersh Lauterpacht proposed to enshrine in the Bill, laid the foundation for desegregation in education.
 The influence of Hersh Lauterpacht’s monograph on the formulation and consolidation of the right to education and the principle of equality in the written act on human rights - the Universal Declaration of Human Rights - has been revealed.

Jungtinių Tautų Saugumo Tarybos (ne)veikimas Rusijos agresijos kontekste: ar naivu tikėtis permainų?

Russia’s aggression against sovereign Ukraine in February 2022 has once again highlighted the shortcomings of the UNSC mechanism. The UNSC, which continues the work of its predecessor, the League of Nations, and which has the mission of maintaining world peace and security, is incapable, in the context of the war in Ukraine, of adopting the necessary resolutions and other actions that would help to put an end to the ongoing aggression.  
 The planned reforms of the UNSC have not been implemented in the past, and therefore face the insurmountable obstacle of Russia, one of the 5 permanent members, being the aggressor state and constantly vetoing UNSC resolutions. Both the requirements for amending the UN Charter itself and the voting process legally make it impossible to remove Russia from the UNSC unless the aggressor itself votes to remove its delegation from the UNSC. Observing Russia’s actions during the war in Ukraine, it is safe to say that Russia will not give up the opportunity to continue to enjoy the place in the SC that it took over from the USSR after its collapse in 1991. An analysis of the practice of international law and the historical context in which the UNSC operates leads to the conclusion that the UNSC is currently functioning as an organisation that is unable to fulfil its core functions due to the limitations of the UN Charter. It is hardly possible to revive an organisation in which the aggressor state and the violator of international law have veto power. 

Ensuring the safety of citizens by rescuers/police officers in case of a chemical attack (accident at a chemical enterprise) in the conditions of marital law

The work deals with the urgent problem of ensuring the safety of life of the population in the conditions of martial law, introduced in Ukraine – providing premedical assistance to victims of a chemical attack (as a result of the action of dangerous factors of a man-made accident at a specialized chemical enterprise).
 The potential possibilities of means of defeating the units of the chemical forces of the aggressor state are analyzed, the cases of the use of chemical weapons by the occupiers in relation to both the units of the Armed Forces of Ukraine and the civilian population during the war in Ukraine, as well as the real situations of destroyed chemical plants in many regions of the country, are described and summarized.
 On the basis of the analysis of operational publications in the Internet and scientific works of a great number of scientists, the general algorithm of rescue actions during the evacuation of victims of a chemical attack/accident (workers/residents) was considered, modern approaches in the order of providing premedical aid both at chemical enterprises and at home conditions when people are injured by the most common chemical substances were clarified, recommendations concerning compliance by police officers with established rules of conduct at the scene of the incident are offered.
 The main signs that characterize the beginning of a chemical attack in the conditions of martial law and allow the population to identify it quickly are given: 1) chemical alarm signals; 2) features of air raids or enemy artillery fire; 3) simultaneous mass death of small animals, birds and insects.
 The peculiarities of the effect on the human body of such substances as chlorine, ammonia, hydrogen chloride (hydrochloric acid), nitrogen (nitrogen N), nitric acid, oxide (dioxin) of nitrogen, for each of which characteristic symptoms of damage for the victim are determined, the procedure for providing premedical aid to victims in case of damage by them, as well as under the influence of chemical weapons (sarin, phosgene) has been specified.
 Based on the analysis of special literature and the results of the conducted research, a generalization was made regarding the importance of training the population in effective (and therefore safe) actions in the event of a chemical attack by the military units of the aggressor state (a man-made accident at chemical enterprises), the need to observe the established rules of conduct and safety measures in the case of a missile/artillery attack by the occupiers, regardless of the region or territory of fighting actions in Ukraine

Features of responsibility for criminal offenses during martial law in Ukraine: a legislative review 2022-2023

The article is devoted to the review of the legal regulation of criminal liability for the criminal offenses committed during the martial law and the state of emergency in connection with the armed aggression of the Russian Federation, which has escalated into a full-scale war since February 24, 2022.
 The author examines a package of criminal legal acts which regulate a number of issues related to enhancing criminal liability of criminal law subjects during the martial law. It was found that the introduction of martial law and the state of emergency has its own specific regulations, which means that along with the possible temporary restrictions on the constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law in the state, the specific means and mechanisms of legal regulation of substantive criminal law are becoming important in strengthening criminal liability for collaborative activities, the distribution of information aimed at promoting the actions of the aggressor state, crimes against the foundations of national security, looting etc. The article also considered circumstances that exclude the criminal illegality of an act and provide combat immunity under conditions of martial law.
 The latter primarily include the Law of Ukraine “On Ensuring the Participation of Civilians in the Defense of Ukraine” of March 03, 2022 and the Law of Ukraine “On Amendments to the Criminal Code of Ukraine and Other Legislative Acts of Ukraine on Determining the Circumstances Excluding Criminal Illegality of an Act and Ensuring Combat Immunity in the Conditions of Martial Law” of March 15, 2022. In addition, the Criminal Code was supplemented with Article 43-1 “Fulfillment of the duty to protect the Motherland, independence and territorial integrity of Ukraine”. Furthermore, Section 2 “Final and Transitional Provisions” of the current Criminal Code of Ukraine was supplemented with the paragraph 22 as follows: “Civilians shall not be criminally liable for the use of firearms against persons carrying out armed aggression against Ukraine, if such weapons are used in accordance with the requirements of the Law of Ukraine “On Ensuring the Participation of Civilians in the Defense of Ukraine”.
 In general, taking into account our own experience and the experience of the international community, it is necessary to improve all criminal law institutions, both in the direction of criminalization and decriminalization of certain criminal offenses, given the special tasks of criminal law in a state of emergency. The primary task of the modern criminal law of Ukraine is to ensure the right to life, health of a person and citizen, to ensure peace and security, and to counter criminal offenses committed by the Russian Federation against the Ukrainian people.

Post-war restoration of the healthcare system as a component of state security management

The post-war recovery of the healthcare system should include a sound strategy of consistent action and effective mechanisms of public administration. Modern approaches to public administration of the post-war restoration of the healthcare system should be completely transformed, taking into account the totality of problems that the system faced in the context of a full-scale military invasion of the aggressor state. This determines the need to transform the theoretical and methodological provisions of public administration for the post-war restoration of the healthcare system. Accordingly, the scientific search is updated in the context of identifying new and transforming existing properties of public administration components, in the context of: a) overcoming the consequences of military operations for the healthcare system; b) forming a system of medical services that meet post-war needs; c) forming the adaptability of the healthcare system to internal and external threats. Accordingly, there is a need to review the content, properties and critical points of the components of public administration for the post-war restoration of the healthcare system.

Violation of Human Rights in Temporarily Annexed Ukrainian Crimea by Russia

The purpose of the article is that, based on the laws of Ukraine, documents of the Crimean Tatar Resource Center, Summit "Crimean Platform", media materials to objectively reveal the activities of the russian federation regarding violation of human rights in the temporarily annexed Ukrainian Crimea. To achieve the goal, the author analyzed many examples violation of russian human rights and freedoms, norms of international humanitarian law that took place in Crimea. The documented protests of Ukraine are highlighted, with which the state appeals to international organizations, international courts, regarding the actions of the russian federation, but so far they do not have the necessary influence on the policy of the aggressor state. However, the return of the occupied territories requires quick and decisive actions. Understanding this, high-ranking officials of Ukraine significantly intensified activities regarding the de-occupation of Crimea, are looking for various tools to change approaches and actions regarding the temporarily occupied territory of Crimea. The activity of the authorities of Ukraine shows, that the state is constantly trying to bring the time of Crimea's return closer, opposes the violation of human rights, demands that the russian federation respect the rights and freedoms of residents on the temporarily annexed peninsula. Although the russian federation temporarily retains physical control over Crimea, but the peninsula was and remains the sovereign territory of Ukraine. Russia's false claims to sovereignty over Crimea were resolutely rejected by the entire international community.

Criminal liability of commanders for giving criminal orders on violation of laws and customs of war in the context of Russia's war against Ukraine

The article examines the issue of criminal liability for commanders' orders to violate the laws and customs of war in the context of Russia's war against Ukraine. The author establishes that criminal liability in this case is based on the command responsibility concept of the sources of international humanitarian law. It is proposed that Article 438 (1) of the Criminal Code of Ukraine should provide for liability not only for giving an order or instruction to violate the laws or customs of war, but also for the failure of a superior who became aware of such violations by his subordinates to take measures to stop them and to notify the competent authorities of the crime. Courts in their verdicts against commanders of the armed forces of the Russian Federation, when qualifying under Article 438 of the Criminal Code of Ukraine, usually do not incriminate such an act as giving an order, but rather impute a specific violation of the laws and customs of war committed by his subordinates. When qualifying the actions of commanders and subordinates, the qualification formula usually refers to Article 28 (2) of the of the Criminal Code of Ukraine. However, many verdicts do not contain such a reference. The proposal to recognize the state-political and military entities of the Russian Federation as criminal organizations was supported. The author notes the formation of a legal axiom in judicial practice of unconditional criminal liability for all military personnel of the armed forces of the Russian Federation who, as part of a criminal organization, commit violations of the laws and customs of war on the territory of Ukraine. Within this axiom, an irrefutable legal presumption is distinguished: all military personnel of the armed forces of the Russian Federation are aware and familiar with the laws and customs of war, which they violated on the territory of Ukraine, executing criminal orders of the military and political leadership of the aggressor state, and therefore, consideration of the actions of these military personnel through the prism of the existence of a factual circumstance that excludes the criminal unlawfulness of an act, such as the execution of an order or instruction, is inadmissible, which is in line with the standards of international humanitarian law. Key words: execution of an order or instruction, circumstance excluding criminal unlawfulness of an act, violation of the laws and customs of war, complicity, criminal organization, crime, criminal liability, qualification, court practice.

INFORMATION WARFARE IN TERMS OF COMMUNICATION THEORY: ATTEMPTED ANALYSIS

The modern information age brings changes to all phenomena of human life. For example, the natu re of wars change. They are transferred from the actual battlefield to the information space, i.e. they become hybrid. The winner is the one whose narrative becomes dominant in the global information space. The Russian-Ukrainian war is a vivid example of the latest confrontation. It takes place between two absolutely opposite positions, a compromise between which is impossible. This conflict is deeply existential, because Russia sharply denies the existence of Ukraine as an independent state and as a nation in general. This is evidenced by the rhetoric of the aggressor state and numerous war crimes. However, this war is not only between two sides. By denying Ukraine its existence, Russia is also at war with the values that Ukrainians uphold and on the basis of which they strive to build their own country. And these are the values of the free democratic world. Therefore, Russia opposes not only one country, but all those who also share them. That is why the information war begins to reach far beyond the borders of Ukraine. Already today, we can see the influence of Russia, whose propaganda influences the agenda of many leading Western countries. Using both classic mass media (newspapers, radio, television) and new ones (communities in social networks, bloggers, etc.), it intervenes in the global information space. The Internet only further complicates the dissemination of reliable information and promotes propaganda, because now there is almost no control over the flow of information. Habermas states this problem, noting that everyone is now a potential author without editorial control. Therefore, in conditions where the mass media gravitate towards entertainment and most of the information flows in an uncontrolled stream, there is a war for human minds. That’s why the current situation becomes a challenge for communicative theory, which has learned to make a correct diagnosis, but has not yet offered its option for exiting the crisis. Habermas’ post “War and In dignation” is so far only a testimony to the failure of his philosophy in the face of real challenges. Therefore, modern war is also a direct test for communicative theory, which must either find a way out of its limits or confirm its defeat.

Continuity and Change in Italian Foreign Policy under Fascism: A Reexamination of the Corfu Crisis of 1923

Though not resulting in the outbreak of open war, the Corfu Crisis of 1923 saw Benito Mussolini’s first violent foreign policy venture which exposed the League of Nations’ inability to deter would be aggressor states and presaged future acts of aggression including a similar challenge over Ethiopia just twelve years later. Based on archival research and other primary sources and addressing the issue of continuity and change in Italian foreign policy, this article argues that Mussolini’s bid to seize Corfu in 1923 was not an impulsive act but a crude premeditated attempt to carry out a long-term goal that had deep roots in Italy’s prefascist past. 1

Правове регулювання статусу військовополонених відповідно до норм міжнародного гуманітарного права: історична та сучасна ретроспектива

Annotation. The article is devoted to the study of the norms of international humanitarian law in force in Ukraine regarding prisoners of war and the history of their implementation in the Ukrainian legal field. A thorough analysis of the norms of international humanitarian law and their implementation in national legislation is carried out. The Third Geneva Convention clearly defines the concept of prisoners of war, which is particularly important for the issues under study, to whom both the personnel of the armed forces of one of the warring parties, as well as members of the resistance movement, as well as the population that defends its state from attack and is not reorganized in official armed formations. Ukraine has undertaken to fulfill all obligations regarding prisoners of war, which are prescribed in the Geneva Conventions, as well as additional protocols to the Geneva Conventions of June 8, 1977, which were ratified by Ukraine on August 18, 1989 and entered into force on July 25, 1990. Ukraine also undertakes to implement the UN Convention against Torture, which has been in force in Ukraine since November 5, 1998. The lack of proper legal regulation of the status of prisoners of war, their legal understanding and a defined set of guarantees was noted. Attention is focused on the declarative nature of norms. In general, despite the state of war in Ukraine, the situation of enemy prisoners of war who are in captivity of the state of Ukraine is based solely on Ukraine's adherence to the norms of IHL and international conventions for the protection of these rights, it is necessary to state the real observance of human rights, respect for the dignity of the person and the rule of law . Along with this, the urgent problem is the status of prisoners of war in the aggressor state, the impossibility of obtaining access to information about them in accordance with international and national institutions, cruel and inhumane treatment - this is a colossal pain of our society. The perspective of further research is defined as the issue of forming military law into a complex branch of national legislation, determining the guarantees of prisoners of war, the issue of their exchange, etc.

Legal nature of the concept of genocide: international and national experience

Purpose. The purpose of our research is to characterize and compare the main approaches to the interpretation of the content of the concept of genocide in international and national law. Method. The methodology includes the complex use of scientific approaches and principles, as well as general scientific, philosophical and special scientific methods. Results. It has been established that Russia's full-scale invasion of Ukraine and atrocities against the civilian population are an example of the fact that the crime of genocide, as a form of individual and collective responsibility of the aggressor state against a sovereign state and its population, requires a thorough legal justification, both within the international and within the limits of national law. Actually, the signs of genocide remain debatable in international law, because the planned physical destruction of a separate ethnic group or people is often interpreted as "ethnic cleansing" and at the same time the concept of "genocide" is used in order to draw attention to individual actions or inactions of the state. In the national legislation, the concept of genocide is used in accordance with the interpretation of the Holodomor of 1932-1933 and the actual events of the full-scale invasion. However, if in the case of the Holodomor, one can only monitor the preservation of historical memory, because it is impossible to bring to justice the perpetrators of the genocide against Ukrainians in the 1930s, then the modern crimes of Russians must be clearly recorded and brought to justice both in the military and above military and political leadership of the aggressor state. Scientific novelty. An analysis of the main aspects of international and national legislation defining the crime of genocide was carried out. Practical significance. The results of the research can be used in further historical and legal studies, preparation of special courses.

CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF POLITICAL PARTIES IN THE CONTEXT OF TODAY'S CHALLENGES

The article examines the actual problems of constitutional and legal responsibility of political parties in the context of today's challenges. The author analyzes the normative grounds for applying such constitutional and legal sanctions as a ban on the formation and activities of a political party or cancellation of a political party's registration in case of unlawful acts. A retrospective analysis of the practice of banning political parties and canceling their registration in Ukraine generally indicates a positive trend in the development of national legislation on political parties and their responsibility in recent years. During this period, the grounds for banning political parties were significantly expanded and specified, and the mechanism for their realization was improved in accordance with the concept of “democracy that can defend itself”. The challenges of the Russian-Ukrainian war have objectively demonstrated and convincingly proved that the activities of any political parties that encroach on the territorial integrity, security and constitutional order of Ukraine, support the aggressor state can and should be banned in court. At the same time, the national judicial practice confirmed the relevant European experience and showed that the decision to apply such a constitutional and legal sanction as a ban on a political party must be appropriately justified, based on a proper evidence base, not taken in a hurry, and comply with international standards to prevent further appeals against the state's actions to the European Court of Human Rights, etc.

Critical Analysis of “Divided Nation” Model Applications to China-Taiwan: A Case Study of Germany’s Annexation of Austria in 1938

Scholars have argued that “divided nations” (i.e., countries that have split into separate political entities) have distinct characteristics in the international system, and this model has been applied to China-Taiwan relations. Yet, despite ethnic, cultural, linguistic, and historical ties, the current state of cross-Strait relations does not resemble classic cases of the “divided nation” model such as East and West Germany, North and South Vietnam, or North and South Korea, not least because power asymmetry is a major feature of the relationship. China’s largely one-sided demands for “reunification” with Taiwan share more similarities with Germany’s approach to Austria in the 1930s. Both are cases of an aggressor state seeking to annex the territory of a smaller, sovereign neighbor based on a revanchist ideology that stems from perceived notions of “national humiliation” by outside powers and ethno-nationalist ideas of a shared blood community. Germany’s annexation of Austria in 1938 was the result of overwhelming German military power and political decision-making in the dictatorship of the Third Reich rather than ethnic, cultural, or historical ties. Germany’s invasion and occupation of Austria and the transformations of German and Austrian national identity after 1945 show that the “divided nation” model is contingent on historical and ideological subjectivities and not objective, scholarly analysis. Scholars of cross-Strait relations should approach the subject without reference to this model and instead focus on the political struggle between Chinese authoritarianism and Taiwanese democracy on the question of Taiwanese sovereignty in addition to Taiwan’s pivotal role in the great power conflict between the United States and China.