Norms Of Criminal Law Research Articles

Penalties for declaring false information

Since the declaration of false information entails criminal liability, such an act is also punishable. However, given that Art. 366-2 of the Criminal Code of Ukraine is relatively new in the criminal law, then there is a need to study the punishment for declaring false information, in particular, the analysis of the sanctions of the specified criminal offense, the rules for imposing punishment, as well as the possibility of exemption from criminal liability, punishment or serving it for the investigated act. In addition, the relevance of the topic of the study is evidenced by the decision of the Constitutional Court of Ukraine dated October 27, 2020 No. 13-r/2020 in the case based on the constitutional submission of 47 People’s Deputies of Ukraine regarding the conformity with the Constitution of Ukraine (constitutionality) of certain provisions of the Law of Ukraine “On Prevention of Corruption”, the Criminal Code of Ukraine regarding recognition as unconstitutional Art. 366-1 of the Criminal Code of Ukraine precisely because of the incompatibility of the punishment with the public danger of the act. The purpose of the article is to study the sanctions of the criminal offense provided for in Art. 366- 2 of the Criminal Code of Ukraine, the rules for imposing punishment, as well as the possibility of exemption from criminal responsibility, punishment or serving it for the investigated act. Methodology of problem analysis. During the study of punishment for declaring false information, it is advisable to use the following methods of scientific knowledge: dialectical, historical-legal, dogmatic (logical- legal), logical-semantic, system-structural analysis, modeling, idealization, statistical, morphological, comparative-legal, abstraction, cybernetic, sociological, analysis, synthesis, induction, deduction, etc.Research results. It is proposed to supplement Art. 366 of the Criminal Code of Ukraine, parts 3–5.On the basis of the content of the dispositions, in particular, their public danger, proposals were formulated regarding the sanctions of the specified criminal law norms.

Topical Issues of Regulating Some Criminal Law Norms on the Protection of Minors in the Context of Criminal Policy

Topical Issues of Regulating Some Criminal Law Norms on the Protection of Minors in the Context of Criminal Policy

Дифференциация и индивидуализация уголовной ответственности и наказания соучастников преступления

When a crime is jointly committed by several persons, the limits of criminal liability of accomplices of the crime are determined by the differentiation of responsibility and punishment enshrined in the criminal law and the individualization carried out by the court. Differentiation of criminal liability and punishment of accomplices is manifested through the constructive features of the corpus delicti, as well as through qualified corpus delicti. Moreover, the same feature can have different criminal law significance. It is justified that the signs of corpus delicti that form a new sanction determine the nature of the public danger of the crime and reflect the differen-tiation of responsibility and punishment. Other circumstances of committing a crime constitute the degree of public danger and affect the individualization of responsibility and punishment. The more complete and clear the criminal law norms are, the less judicial discretion in choosing the measure of punishment in a particular case. Controversial legislative provisions enshrining criminal liability of accomplices to a crime are presented.

Проблеми визначення поняття «кримінально-правова кваліфікація»

The issue of defining the concept of "criminal legal qualification" was considered. It is noted that in order to regulate the most important social relations, the state adopts laws that establish generally accepted rules of behavior. The law on criminal liability is one of the important means of protecting life, health, honor, dignity, inviolability and security of a person as the highest social value, the state system of Ukraine, its political and economic systems, property and the entire legal order from criminal encroachments and a means of combating them. Only the law on criminal responsibility contains criminal law norms that determine the general provisions of criminal law, which establishes the principles and grounds of criminal responsibility, criminality and punishment of acts, grounds for exemption from criminal responsibility and punishment. Therefore, the practice of applying the criminal law is of great importance. One of the most important issues in the application of the criminal law is the issue of criminal legal qualifications. It is emphasized that many works are devoted to the issue of qualification in criminal law. In each scientific work, in which the question of the criminal-legal qualification of a criminal offense was considered, each scientist gave its concept. However, in the middle of the last century, we spoke more narrowly about the qualification of crimes, in the future, the study of this issue was approached more broadly, and today we are talking about the criminal-legal qualification. The views of scientists on the definition of the concept of "qualification of crimes" and "criminal legal qualification" are disclosed. It is noted that V.Navrotskyi's scientific works dealt more deeply with the issue of criminal-legal qualifications. It has been established that the concepts of criminal law qualifications in Ukraine are defined by scientists, as a rule, in scientific works, textbooks on criminal law, relevant monographs, manuals. The law does not contain this concept, which is a gap in the legislation. It is noted that a working group on the development of criminal law has been created in Ukraine, which proposed a draft of the Criminal Code of Ukraine, which provides the concept of criminal-legal qualification. Yes, the criminal legal qualification is the definition of an article (its part, clause) of this Code that provides for the committed act and defines it as a criminal offense (including articles that provide for signs that change the degree of severity of the crime, the presence of preparation for a crime or an attempt to commit a crime , type of accomplice and form of complicity) or as an act that is not a criminal offense. It was concluded that the concept of criminal-legal qualification given in the Draft Criminal Code of Ukraine is clear and reflects the essence of qualification as a process and result of a certain direction of law enforcement activity. Enshrining criminal legal concepts in the legislation contributes to the improvement of criminal legislation, the elimination of gaps in the previous law and will help law enforcement officers in the application of criminal legal norms.

THE INFLUENCE OF INTERNATIONAL CRIMINAL LAW ON NATIONAL CRIMINAL LAW

International criminal law is not part of criminal law, but in fact international criminal law is one source of the development of criminal law. As a form of international criminal law, international agreements generally affect legal values, legal principles, and national criminal law norms. This study tries to explain the position of international criminal law in domestic criminal law and to determine the influence of international criminal law on domestic criminal law. The research methodology used in this study is a prescriptive legal research methodology. These results indicate that the relationship between international criminal law and domestic law is complementary.

Qualification of digital crimes against person: problematic issues

Subject of the research is the norms of the criminal law establishing responsibility for crimes against the person, as well as explanations reflected in the Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 58 of December 24, 2019, No. 46 of December 25, 2018, No. 16 of December 04, 2014.
 Purpose of the research is to improve the criminal law and law enforcement practice in terms of the qualification of new ways of committing traditional crimes against the person (murder, kidnapping, human trafficking, depraved acts, violations of the inviolability of the home), as well as socially dangerous acts, responsibility for which is not directly enshrined in the criminal law, but having the ability to harm human rights and personal freedoms in the conditions of digitalization (deepfakes, stalking, cyberbullying).
 Methods and objects of research: one of the methods used was the formal logical approach to the cognition of legal phenomena; also, the methods used were methods of analogy, generalization, differentiation, comparative-legal and formal-legal methods of research of public relations in the field of protection of individual rights and freedoms.
 Main results of research: is proposals have been formulated for the qualification of actions aimed at harming the individual through the use of modern technologies, as well as for improving the norms of the current criminal law and the provisions of the Resolutions of the Plenum of the Supreme Court of the Russian Federation in terms can influence the criminal legal assessment of the act in the conditions of criminal use of digital technologies against the individual.

Responsibility for Wrongdoing and Touching It: the Temporal Evolution of the Norms of Domestic Criminal Law

In different periods of the development of the Russian state, the interest of legislators, theorists and practitioners in improving the measures of criminal legal influence on persons involved in crime in general and acts of injustice in particular was not the same. To a large extent, the criminalization of such acts was conditioned by the requirements of vital necessity in combating crimes that affect the priority interests of the State, including the legitimacy of State power, economic security and property rights.
 The purpose of the study is to determine the historical roots of the formation and evolution of the development of those forms of wrongdoing and touching them that have become the foundation of modern institutions of criminal law: obstruction of justice, harboring of crimes, failure to report a crime, connivance to crimes, criminal liability of legal entities and exemption from liability.
 The key means and ways to achieve the goal were temporal and comparative legal methods of studying the institutions of criminal responsibility for wrongdoing and touching it in legal sources of the XVXX centuries. Such an approach to the study made it possible in an evolutionary context to present the most clearly the conclusions of the transformation of the architectonics of various institutions of domestic criminal law familiar to our time.
 Their diachronic development follows from the temporal analysis of acts related to acts of injustice (harboring of crimes, failure to report a crime, connivance to crimes). Firstly, their legal nature has not always been identified with ways to counteract the administration of justice (in its broad sense, not only as the activity of the court, but also officials, individuals and even collective entities (legal entities) obliged to comply with the law, to promote the administration of justice and to execute judicial acts). Secondly, in certain historical periods, acts of wrongdoing and acts of persons touched were considered as encroachments on other public relations protected by law (for example, legitimate institutions of state power and economic security of the state).

Rape: criminal proceedings of private or public prosecution?

The article is devoted to the problematic issues of implementing the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) into the criminal and criminal procedural legislation of Ukraine. It is noted that the norms of criminal and criminal procedural law regulate social relations related to the resolution of the most dangerous social conflicts. Legal norms are aimed at protecting the rights, freedoms and legitimate interests of the participants in these relations, in which private and public are combined. This issue is most acutely manifested in criminal proceedings regarding criminal offenses against a person’s sexual freedom and sexual integrity, a special type of which is domestic sexual violence, including rape. In particular, the problem is the definition of the border between private and public. The immediate prerequisite for the emergence of the mentioned problem was the submission to the Verkhovna Rada of Ukraine of a draft law that provides for the full implementation of the relevant provisions of the Istanbul Convention into the national legislation of Ukraine after its ratification. The authors of the draft law proposed to postpone criminal proceedings under Part 1 of Art. 152 (rape without aggravating circumstances), as well as Part 1 of Art. 153 (sexual violence) of the Criminal Code of Ukraine from the category of private prosecution to public prosecution proceedings. The article analyzes this proposal from the point of view of its consistency with other provisions of the Istanbul Convention, as well as with fundamentally important provisions of the national legislation of Ukraine. Attention is drawn to the contradiction of the proposal set out in the draft law with the constitutional rights of a person regarding the collection, storage, use and distribution of confidential information about him, subjecting him to medical, scientific or other experiments without his free consent. Arguments are given regarding the occurrence of significant obstacles in the implementation of pre-trial investigation and court proceedings in cases of this category without submitting a statement (complaint) of the victim.

Strengthening liability for unauthorised abandonment of a military unit or place of service in the light of current criminal law issues

The norm of criminal law in the part of crimes against the established procedure of military service, namely, unauthorized abandonment of a military unit or place of service, has been considered. The chronology of the formation of Article 407 of the Criminal Code of Ukraine has been characterized, the acquired changes, in particular, both in terms of disposition and sanctions. A comparative analysis of draft laws that increase criminal liability for unauthorized abandonment of a military unit or place of service has been carried out. The dispositions that took place in the application of changes to the current legislation have been outlined. The issues of draft law No. 8271 of December 8, 2022 on increasing responsibility for unauthorized abandonment of a military unit or place of service have been analyzed, in particular, a comparative analysis was carried out with a retrospective view. The impossibility of applying the institution of exemption from serving a sentence with probation was considered as a criminal legal consequence in the course of acquired changes. At the same time, separate criminal law norms that are applied by the courts after the acquisition of changes in the criminal legislation have been highlighted. In addition, an analysis of public opinion has been carried out, which gained resonance, and the main theses proposed by the authors of the petition have been outlined. Based on the fundamental positions of the public, the risks that are likely to occur in the practical plane of applying changes to the current legislation have been investigated. With the use of criminological research, statistical data have been provided that make it necessary to strengthen the responsibility of military personnel for committing crimes against the established order of military service. As part of this, quantitative indicators of the growth of military crime in different years and at different background stages of the socio-political situation, economic situation, etc. have been given. The expediency of applying the strengthening of legal responsibility of military personnel, in particular criminal, taking into account individual recommendations, has been emphasized.

FORENSIC CHARACTERISTICS OF THE INTENTIONAL INTRODUCTION INTO CIRCULATION ON THE UKRAINIAN MARKET (RELEASE TO THE UKRAINIAN MARKET) OF DANGEROUS PRODUCTS

The article deals with the analysis of scientific views, theoretical provisions and legislation, and examines the forensic characteristics of the deliberate introduction in the circulation of hazardous products on the market of Ukraine (release to the market of Ukraine). The subject of the investigated crime is dangerous products. The main task of the stage of preparation for this crime is the deliberate creation of conditions for its commission. The method of directly committing the crime in question is the introduction into circulation (release on the Ukrainian market) of dangerous products, committed on a large scale. The methods of concealing the analyzed crime can be 1) destruction of the most dangerous products; 2) destruction of the raw materials from which it was made; 3) destruction or concealment of equipment on which hazardous products were produced or packaged (packaged); 4) destruction of documentation, which indicated the origin of the product or recorded the processes of economic activity associated with it; 5) making changes to the documents on the results of product testing; 6) a statement that the person did not know that the product was dangerous; 7) concealment of vehicles used to transport hazardous products. The typical consequences of the commission of the crime under study are the infliction of harm to human life, health, property or liability rights, as well as the environment. An obligatory sign of the objective side of this crime is the place of the criminal offence – the market of Ukraine, which is defined in the title and disposition of the relevant criminal law norm. The commodity market (commodity market) is the sphere of circulation of goods (interchangeable goods), for which there is supply and demand for a certain time and within a certain territory. The subject of the crime in question is general – a physically sane person who has reached the age of 16. However, this does not exclude the possibility of its commission by a special subject, in particular, an official (official). The motives and goals of the analyzed criminal offence may be different: the benefit, unwillingness to spend energy and time on the proper manufacture or sale of good-quality products or good-quality goods or the performance of good-quality work or the provision of good-quality services, the desire to improve the work of the enterprise, personal interest, commission in the interests of third parties and etc.

ДИСКУССИОННЫЕ ВОПРОСЫ ПОНЯТИЯ И ЦЕЛЕЙ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ НЕСОВЕРШЕННОЛЕТНИХ

The main direction of the state is that the state is not able to abandon the measures of state coercion against minors, but, nevertheless, takes into account the characteristics of this age category. Investi-gating the criminal liability of minors, most often it is considered as a legal relationship between sub-jects of law, regulated by the norms of criminal law. The process of realization of this kind of respon-sibility takes place within the framework of legal relations between subjects. In this variant, responsi-bility cannot be identical with legal relations in its content, since one of the subjects, in this case a minor, is forced to undergo restrictions for an action that he committed in the past.
 The determining factor is that responsibility is dominated by the concept of the fact itself or the ac-tual action aimed at the implementation of the suffering of these deprivations, which are contained in the criminal law, that is, they are not limited only to the obligation to suffer such facts. Thus, we can talk about criminal liability as the responsibility of a minor from the moment the court decision enters into legal force, namely, from the moment the verdict comes into force.

VIOLATION OF SAFETY RULES AT EXPLOSIVE OBJECTS: FEATURES OF THE NEW EDITION OF ART. 281 OF THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

The article analyzes the composition of the violation of safety rules at explosive-hazardous facilities provided for in Article 281 of the Criminal Code of the Republic of Kazakhstan in 2014, which underwent certain changes and additions in the process of legal reform carried out within the framework of the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020. The authors state that the current version of the disposition in part one of the criminal law norm does not fully cover the signs of an explosive object and therefore does not correspond with the provisions of the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection", which has an extremely negative impact on law enforcement and the state system of prevention of criminal offences in the field of protection labour. This problem acquires relevance and theoretical and practical significance against the background of the negative dynamics of mortality and occupational injuries that have developed in Kazakhstan recently. The interests of ensuring industrial safety, and protecting the life and health of citizens from the effects of hazardous production factors dictate the need for further improvement of Article 281 of the Criminal Code of the Republic of Kazakhstan. To concretize the content of the objective side of the criminal offence and ensure the correct legal assessment of the act in law enforcement practice, it is advisable to replace the words "explosive objects and explosive workshops" in the disposition of the criminal law with the words "hazardous production facilities". In this regard, the author's version of Article 281 of the Criminal Code of the Republic of Kazakhstan is formulated. In the course of the research, historical, formal-legal, comparative-legal, analytical and logical research methods were applied. The scientific and practical significance of the presented work: further improvement of criminal legislation, investigative and judicial practice in terms of the application of Article 281 of the Criminal Code of the Republic of Kazakhstan and the appointment of a fair sentence.

Конституционное право на свободу совести как объект уголовно-правовой охраны

Introduction: The relevance of the study is determined by the fact that, in accordance with the Constitution of the Russian Federation, the state guarantees equality of human rights and freedoms regardless of attitude to religion. To this end, the State prohibits insulting beliefs related to the expression of religious preferences by a person, as well as agitation based on religious hatred or enmity, as well as the creation of public associations, including religious ones based on the principles of religious superiority or intolerance. The growing complexity of social relations, the increasing role of religion in the life of society requires the state to pay close attention to compliance with legislation in the field of the freedom of conscience.
 The purpose of the study is to identify the features and problems of protecting the constitutional right to freedom of conscience through criminal law legislation.
 The object is the public relations protected by criminal law norms that arise in the field of preventing crimes that infringe the freedom of conscience.
 The subject of the study is the peculiarities of constitutional and criminal law protection and protection of the right to freedom of conscience.
 Research methods: analysis, synthesis, generalization, classification.
 Results. The author analyzes the current problems of criminal law legislation guaranteeing the implementation of the constitutional right to freedom of conscience. The author comes to the conclusion that the current criminal law guarantees protecting freedom of conscience in Russia do not fully comply with the Constitution of the Russian Federation. The study also proposed a definition of the concept of «crimes against freedom of conscience»; the author’s classification of types of crimes infringing the freedom of conscience is presented. It is concluded that the criminal law legislation in the area under study requires adjustment.

Features of the state regulation of the criminal and executive system

The article is devoted to the study of the peculiarities of the state regulation of the criminal enforcement system. It was determined that there is inconsistency in the approaches of scientists to the interpretation of the general definition of state regulation and in general the absence of sufficiently developed scientific approaches to the study of issues of state regulation of the criminal-executive system. Scientific literary sources related to the concept of “state regulation”, which is highlighted by scientists through various methods and forms, as well as scientific works devoted to the issues of criminal and executive policy, are reviewed. It has been established that the economic and geographical factors, the state of the economy, the standard of living of the population, form a rather complex system, which significantly affects the process of adopting or changing criminal law. It was determined that the criminal-executive policy implemented by the state through a set of regulatory and legal means is a derivative of the criminal-legal policy; the institution of the legal status of convicts serving a sentence of imprisonment is a set of norms of criminal law, which reveal the specifics of the subject of the application of punishment and the subject of life support in places of deprivation of liberty. On the basis of the research, it was established that the state regulation of the activity of the criminalexecutive system is a component of the criminalexecutive policy of the state, conditioned by the main directions of law-making and law-enforcement activities of authorized state bodies in the sphere of implementation of criminal punishment. The authors come to a conclusion regarding the possibility of separating into a separate sub-branch - penitentiary law, a set of norms regulating the procedure for serving criminal punishments associated with isolation from society.

Violation of the rights of minors in the soviet period

Purpose. The purpose of our research is to reveal the main forms of violation of the rights of minors in the Soviet period. Method. The methodology includes a comprehensive analysis and generalization of theoretical and source material and further formulation of relevant conclusions and recommendations. During the research, the principles of objectivity and systematicity were used, as well as general scientific, special-legal and special-historical methods of scientific knowledge: analysis, synthesis, comparative, functional-legal, system-historical. Results. In our opinion, the key reasons for the development and spread of child homelessness in the first post-war decade in the Ukrainian SSR were: the consequences of the Second World War; specifics of state policy; social instability; difficult financial situation of the population; crisis of the family and the system of family values. In the late 1920s and 1930s, numerous special settlements were created in Siberia. In May 1930 alone, more than 56,000 people were evicted to the Urals. Mortality and injury rates were high among deportees and prisoners, especially among minors. The scale of the violation of the rights of minors increased in the conditions of the Second World War, when both mortality and deportation processes were high. It has been proven that the norm of the Soviet legislation regarding the extension of the norms of criminal law to persons over the age of 12 can be considered a real crime. Scientific novelty. A historical and legal retrospective of the implementation of the Soviet policy in relation to minors, in particular orphans and homeless children, was carried out. Practical significance. The results of the research can be used in further historical and legal studies, preparation of special courses.

Частно-публичный уголовно-процессуальный механизм применения уголовного закона в сфере экономической деятельности: генезис, идеология, политико-правовая сущность

Purpose. The purpose of the article is to clarify the unique legal nature, structure, as well as the genesis of the criminal procedure mechanism for the application of criminal law in the field of economic activity. The research methodology includes dialectical, formal-logical, systematic, other general scientific methods of cognition of criminal procedural phenomena, as well as private scientific methods: the modeling method, comparative legal and other methods. Conclusions. The creation of a special kind of private-public criminal prosecution and prosecution should be understood as an attempt to solve the institutional problem of criminal legal protection of business interests by means provided by the criminal procedural form. Private-public prosecution, being a product of the investigative-Soviet criminal procedure system, is the engine of the criminal procedure mechanism for applying criminal legislation in the field of economic activity. The difference between the analyzed criminal procedural mechanism and other criminal procedural proceedings consists in a qualitatively new saturation of some elements of the criminal procedural matter with a private (dispositive) beginning. At the same time, the investigative form is a limiter for the introduction of a subsidiary accusation of the victim, as well as for changing the investigative technology of evidence to an adversarial one. Scientific and practical significance. The scientific significance of the study lies in the contribution that it makes to the development of the adversarial theory of criminal procedure. Its practical significance consists in proposals for the modernization of legislation regulating criminal procedural activities on the application of criminal law norms in the field of economic activity.

Mitigation of punishment and criminal defenses in criminal legislation of Canada and Republic of Uzbekistan (comparative analysis)

The existing paper provides a comparative analysis of the criminal legislation of Canada and Uzbekistan in terms of consideration of the mitigation of punishment and criminal defenses. In detail, the present research provides an overall overview of the mitigation of sentence institute in accordance with the existing editions of the Criminal Code of Canada and the Criminal Code of the Republic of Uzbekistan, including the issues of determining the punishment for the criminal offences committed in a state of mental disorder, as well as insanity and diminished responsibility for incomplete offences and criminal complicity, including criminal defenses, institutions on the withdrawal (voluntary refusal) from the commission of an offence and innocent harm, etc. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified. Decisions on the performed analysis and a final conclusion on the implementation of Canada's some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided

The influence of the reception of Roman law on the development of civil and criminal law in Rus

The article examines the influence of the reception of Roman-Byzantine law on the development of civil and criminal law in the Rus by comparing specific provisions of normative legal acts. Various types of reception are considered, including direct, indirect, and mediated. The article focuses on the influence of the Ecloga» and the «Nomocanon XIV Titles» on the development of legislation and sources of law in Kyivean Rus (The Russkaya Pravda, The Church Statute of Prince Yaroslav). The elements of Roman-Byzantine law that were borrowed and adapted in legal relationships in the Rus are analyzed, as well as how this affected the formation of its legal system and the consequences it had for the further development of Rus' law. During the comparative analysis of the norms of Roman-Byzantine and Rus' law, the author identified a significant reception of provisions regulating inheritance relations. The author concludes that the reception of Roman-Byzantine law was more noticeable in civil law than in criminal law. It is shown that the reception of Roman-Byzantine norms of criminal law was insignificant, and the system of punishments was based on Rus' customary law, where fines predominated rather than executions and physical injuries. It is also revealed that direct reception (i.e., borrowing legislative decisions) was inferior in volume to indirect reception in the Rus state, which was carried out by applying revised and re-synthesized legal material used to regulate economic relations and ideologically shape certain political realities. It is proved that, despite the existence of various types of reception of Roman-Byzantine legal norms in the legislation of the Rus, the latter is the result of the development of Rus society and legal consciousness. It is noted that Ukrainian law benefited from the favorable influence of Roman law during the historical development, although its national peculiarities were preserved.

Genesis of legal cooperation of international criminal courts with states

We are examining the Institute of Cooperation between international criminal courts and states. By analyzing international legal doctrine, we have identified the main stages of development in international criminal justice. The influence of the humanist values of the 19th century and various pragmatic views and principles of international criminal law norms evolved as part of the international legal system, introducing prohibitions on certain criminal activities, including war crimes, crimes against humanity, and genocide, is shown.The Nuremberg and Tokyo International Military Tribunals were considered crucial benchmarks in the evolution of international criminal law. The International Military Tribunal for the Trial of Major War Criminals of European Countries has until now been created, as follows from Article 1 of the London Agreement, to try war criminals whose crimes are not connected to a specific geographical location, regardless of whether they are prosecuted individually or as members of organizations or groups, or in one or another capacity. It is shown that both Tribunals were historically necessary to carry out retribution for mass crimes committed by high-ranking military and civilian officials of Nazi Germany and Japan during World War II. It was noted that both Tribunals were subjected to fair criticism - both from the participants and later - for the legal imperfection of their institutional basis, selective administration of justice, and the retroactive effect of some essential material norms of criminal law.It was analyzed that the institution of cooperation was revealed in detail in the activities of the International Criminal Tribunal for the former Yugoslavia (from now on - ICTY) and the International Criminal Tribunal for Rwanda (from now on - ICTR). Thus, the ICTY and ICTR were created based on resolutions of the Security Council, which, acting in accordance with Chapter VII of the UN Charter, decided that states should fully cooperate with these bodies of international criminal justice.The Department of Private International Law is shown as one of the divisions of the International Court of Justice, which, among other things, “resolves extremely important and nowadays most relevant extradition disputes and tries political criminals and anarchists. It was emphasized that the court should be independent, both from the parties whose case it decides and from any political movements and opinions in general.

Strengthening criminal liability for committing property and some other offences under martial law in Ukraine

The relevance of the chosen subject is dictated by the fact that countering criminal offences during the war is one of the most important problems that the legislator should respond to. Not only the level of the criminal situation in the state but also the effectiveness of the functioning of criminal law in general depends on how timely and correct decisions will be made in this area. The purpose of the study is to conduct a legal analysis of legislative initiatives to introduce new qualification circumstances, strengthen criminal liability by introducing new punishments and increasing the current sanctions for certain criminal offences. For this purpose, formal-logical, dialectical, logical-semantic, hermeneutical, comparative-legal, and other methods of scientific knowledge were used in the study. The study clarifies that legislative changes to strengthen responsibility for committing property and some other criminal offences under martial law are insufficiently justified and may lead to an excessive expansion of the current Criminal Code of Ukraine, a violation of its consistency. It is noted that this approach raises a number of doubts and requires the search for other, more effective ways of legal regulation. The expediency of applying a comprehensive approach in the formulation of criminal law norms, which provides for considering the tools of both the Special and General parts of the Criminal Code of Ukraine, is justified. The applied aspect of this scientific analysis is determined by the dynamics of lawmaking in this area and provides justification for the need to introduce appropriate legislative changes, and outlines the prospects for their application in practice. The practical importance of the study lies in the fact that strengthening criminal liability for certain criminal offences during martial law is a subject that goes far beyond purely theoretical importance.