International Judicial Institutions Research Articles

TOPICAL ISSUES OF DOCTRINE AND COURT PRACTICE ON THE INTERNATIONAL RESPONSIBILITY OF THE STATE FOR THE ACTIVITIES OF FOREIGN NON-STATE ARMED GROUPS

The article examines the topical issues of doctrine and international judicial practice regarding the determination of the State's responsibility for international wrongful acts, in particular, those related to the activities of foreign non-State armed groups. The authors analyse the international legal framework of State responsibility for international wrongful acts, as well as individual criminal liability of individuals. The paper substantiates a set of economic and legal instruments for the implementation of international responsibility (reparations, satisfaction, restitution, economic sanctions) as a mechanism for ensuring compliance with international law by States. The study identifies the legal positions of the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the European Court of Human Rights and other international judicial institutions on the application of the concepts of "effective control" and "overall control" in judicial practice, as well as problematic issues of law enforcement.

Regarding the question of usage of open-source evidence in criminal proceedings

The article is devoted to the study of the issue of using open-source evidence in criminal proceedings. Attention is drawn to the lack of a universally recognized definition of the term “open-source information”, a list of fundamental features of this type of information is provided, among which are: 1) accessibility of the information to the general public; 2) the author of the information may not be determined; 3) access to information can be provided both on a paid and free basis. The lack of an adequate volume of legislation aimed at regulating the procedure for usage of open-source evidence is emphasized. A study of the Berkeley Protocol, which was created jointly by the University of California, Berkeley School of Law and representatives of the United Nations, was carried out. In particular, the following is outlined: a list of the principles enshrined in the Berkeley Protocol, divided into professional, methodological and ethical, their content; the investigation process put forward in the Berkeley Protocol, that consists of the following stages: 1) online inquiries; 2) preliminary assessment; 3) collection of information; 4) preservation of information; 5) verification of information; 6) investigative analysis. Problems that may arise in the process of using open-source evidence are emphasized. The requirements of propriety, admissibility and reliability of open-source evidence are studied. The state of legal regulation of the issue of the usage of open-source evidence in national legislation is considered. The specific features of electronic (digital) evidence are singled out, which distinguish them from other types of evidence and determine the need to separate them in the criminal procedural legislation as a different type of evidence. The practice of national and international judicial institutions related to the use of open-source evidence is considered. The special role of this type of evidence for establishing the corpus delicti or circumstances of crimes against the foundations of national security, especially since the beginning of full-scale Russian aggression against Ukraine, is emphasized.

The supranational character of decisions of international judicial institutions

The supranational character of decisions of international judicial institutions

Peran Mahkamah Internasional (ICJ) Dalam Mengatasi Pelanggaran Hukum Humaniter Di Palestina 2023-2024

This study discusses the role played by the International Court of Justice (ICJ) in overcoming humanitarian law in Palestine in 2023-2024, various efforts have been made by the International Court of Justice in addressing the issue of genocide, including taking a role in the international reports submitted to the International Court of Justice on what happened in Palestine, as an international judicial institution The International Court of Justice (ICJ) has an important role in dealing with human rights violations and international crimes. One of the issues that has always been in the spotlight is the conflict in Palestine and Israel, which is often colored by accusations of genocide by several countries.

Evolution of the Doctrine of Jurisdictional Immunity of a Foreign State

The transformation of doctrinal views on the problem of jurisdictional immunity of a foreign state as an independent subject of scientific research is currently particularly relevant, given not only the qualitative change in the participation of public actors in cross-border private law relations, but also global digitalization and the modern geopolitical situation, suggesting the need to protect national interests in the field of international trade. The objectives of this study are to analyze the institution of jurisdictional immunity of the state as a participant in cross-border private law relations, which involves the consistent solution of the following tasks: to present a retrospective of the formation of ideas about the complete inviolability of a foreign state from internal legal procedural actions; to analyze the causes and development of the idea of the need to limit the jurisdictional immunity of the state; to investigate the approaches to solving this issue that existed in the domestic doctrine at different stages of the existence of the Russian state; to study modern views on this issue, reflected in international normative acts and judicial practice. The methodological basis of the research consists of such general scientific dialectical methods of cognition as ascent from the abstract to the whole, comparison, analysis and synthesis, deduction and induction, etc. A number of special scientific methods are also used: descriptive, comparative legal, systemic, historical-legal, formal-legal and others. According to the results of the study, it can be concluded that the evolution of the legal concept reflected in the judicial practice of national and international judicial institutions illustrates a gradual departure from the idea of jurisdictional immunity of the state in its absolute understanding in favor of a limited one, and in recent years the tendency to expand the list of cases when the state cannot invoke the existence of immunity from the jurisdiction of another state. An innovation in this area, which certainly has a solid conceptual basis and serious prospects for further development, can be considered the denial of immunity on grounds of public order for the protection of human rights. At the same time, in the near future, the growing conflict between the constitutional (internal) law of the state and international norms will require its resolution.

ECTHR case law on legal liability for offences in the field of environmental protection environment

Pursuant to Article 55 of the Constitution of Ukraine, everyone has the right, after exhausting all national legal remedies, to apply for protection of their rights and freedoms to the relevant international judicial institutions or international organisations of which Ukraine is a member or participant [1]. One of such organisations is the European Court of Human Rights (ECTHR), which decides on the establishment of violations of human rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms (CCHR). Given that Ukraine has recognised the jurisdiction of the ECTHR and the principle of extending its judgments to third states that are not parties to the case, we consider the study of the Court’s case law to be a necessity for the member states.
 This article analyses the ECTHR case law on legal liability for environmental offences. Based on the results of the study, it is found that the peculiarity of the ECTHR judgments in cases concerning environmental offences is the absence of direct enshrining of “environmental” rights in the Convention, and the establishment of the components of such offences by interpreting the existing rules in each individual case.

Features of the organization of interaction between the international criminal court and law enforcement structures of Ukraine regarding the investigation of crimes

The article examines the statistics of the Prosecutor General's Office, the Ukrainian Helsinki Union for Human Rights, and the Kharkiv Human Rights Group regarding the investigation of international war crimes. A sociological survey of NPU employees, the prosecutor's office, lawyers, and victims of war crimes was analyzed, and problematic issues that hinder the effective investigation of international crimes were outlined based on the results. It was found that the jurisdiction of the International Criminal Court in relation to the investigation of the most serious international crimes is divided into: subject, territorial, universal, temporal and substantive. The subject jurisdiction of the ICC extends to crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. The national system of investigating crimes has been studied since 2014. It is theoretically justified that the key task at the moment is to document the consequences of an armed invasion - in an intensified mode, with the aim of providing both national and international judicial institutions with sufficient evidence, the Office of the General Prosecutor, the SBU, the NPU, the National Guard of Ukraine, other law enforcement structures. The problem of ensuring security during the collection of information by law enforcement officers, as well as other persons involved in the process of transferring information, evidence, testimony, etc., is outlined, because all these processes, as a rule, take place in the combat zone or in the adjacent territories. It was concluded that in order to improve the effectiveness of the investigation of international crimes in Ukraine, it is necessary to implement as soon as possible: a clear policy regarding the national system of prosecution for international crimes; effective coordination of both national and international bodies of pretrial investigation; quick exchange of information; a generalized electronic database of documentation with access to both prosecutors and investigators.

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

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.

Interaction between the Judicial Institutions (on the example of the Court of Justice of the European Union and the European Court of Human Rights)

INTRODUCTION. The interaction of international judicial institutions in the context of cross-judicial references is one of the most important mechanisms for the development of law. The appearance of a large number of competing international judicial institutions and the rapid development of public relations have led to the formation of a stable practice of such interaction. On the European continent, cross-citation interaction can be most clearly seen in the relationship between the Court of Justice of the European Union and the European Court of Human Rights. In the context of the phenomena of cross-judicial references, the author points out their high importance for the development of the institution of protection of human rights and freedoms in Europe.MATERIALS AND METHODS. This study uses the works of both Russian and foreign specialists in the field of European law, as well as analyses of the European Union and Council of Europe legal acts. General scientific methods of knowledge analysis, synthesis, induction and deduction were used during the study. Special legal methods formal-legal, technical-legal, the method of legal analogy, as well as the comparative legal method were also used in the work.RESEARCH RESULTS. The analysis of the current practice of cross-citation between the two judicial bodies clearly demonstrates the high relevance of cross-citation in terms of the development and integration of the human rights law in the European region. The author concludes that cross-citation between the two courts ultimately significantly improves the level and effectiveness of the protection of fundamental human rights and freedoms in Europe, contributing to an active convergence of judicial positions and a harmonisation of approaches taken by the courts in resolving similar cases.DISCUSSION AND CONCLUSIONS. As part of the research, the author analyzes the process and mechanisms of interaction between the European Union Court of Justice and the European Court of Human Rights. Examined the case law of the two judicial bodies in order to determine the direction of their interaction. Explored the characteristic and specific features of cross-citation carried out by the EU Court of Justice and the European Court of Human Rights. Based on the results of the study, the author comes to the conclusion that cross-citation carried out by the EU Court of Justice and the ECtHR contributes to the harmonization of European norms in the field of human rights protection and preserves the unity of the European legal system.

The proper subject as a prerequisite for the admissibility of evidence: court practice

The article is devoted to certain issues of admissibility of evidence in criminal proceedings, taking into account judicial practice accordingly. The notes emphasizes one of the most important issues in criminal proceedings is the issue of obtaining evidence by the proper subjects. At the same time, in the spotlight when deciding on the admissibility of evidence, should be the rights and freedoms of citizens.
 Based on the Supreme Court litigation and the legal positions of the European Court of Human Rights, the article allocates a number of problematic aspects that arise in practical work, as a result, leads to the recognition an evidence as inadmissible due to their receipt by improper subject of proof.
 Since the decision of a court or international judicial institution that has entered into force and establishes a violation of human rights and fundamental freedoms guaranteed by the Constitution of Ukraine and international treaties ratified by the Verkhovna Rada of Ukraine is of prejudicial importance for the court that decides on the admissibility of evidence, the Supreme Court’s practice on these issues is undoubtedly subject to study, detailed analysis and further application in practice.
 Only on the basis of evidentiary information are the subjects of criminal proceedings authorized to make procedural decisions regarding criminal law conflict and ensuring human rights and freedoms.
 The investigator, prosecutor, and investigating judge evaluate the evidence already collected and verified during the pre-trial investigation when making relevant procedural decisions. Of course, the evaluation of evidence by the court during the trial is of great importance, since it is the court that decides on the guilt or innocence of a person in committing a criminal offense when passing a verdict.
 The author concludes that investigators, procedural supervisors, and investigating judges should take into account the legal positions of the Supreme Court in their activities and prevent the violations pointed out by the author in this article with reference to the Supreme Court rulings.

Analysis of Green Liability on Environmental Damage--State Responsibility in International Investment Law

Long before the birth of international environmental law, disputes over transboundary environmental damage have long existed in global trade and investment. Since the promulgation of the Rio Declaration on Environment and Development, with the arrival of the Period of Liberalization in international investment, the environmental issues involved in cross-border investment have skyrocketed, and international judicial bodies such as the International Court of Justice and the International Tribunal for the Law of the Sea have adjudicated a number of disputes over transboundary environmental damage. These post-Rio transboundary environmental damage disputes are characterized by complex afflictions, wide scope and serious damage. At this stage of adjudication, international judicial institutions have not developed relatively stable standards, principles and systems for ex post facto remedies for transboundary environmental damage. From the perspective of state responsibility, this paper analyzes the issue of transboundary environmental damage theoretically and practically, and explores the attribution, standards, and requirements of responsibility for cross-border environmental damage arising from international investment and the formation of the ex post facto remedy system, in order to provide reference for the establishment of a more sound and refined remedy mechanism of transboundary environmental damage in future international investment practice.

Some problems related to the supervision of the activities of the International Criminal Court

The article deals with the problems related to the supervision of the activities of the International Criminal Court, including some aspects of the activities of one of the mechanisms of control and supervision of the work of the International Criminal Court – the Independent Oversight Mechanism. The author examines in detail how the activities of the ICC affect the interests of the Russian Federation and other countries, and also analyzes the possibilities for the state to monitor and supervise the activities of the ICC if the ICC Statute has not been ratified and the country is not a State party. The author considers the recommendations made by the expert group concerning the work of the Independent Oversight Mechanism. The object of the study is the social relations developing in the field of activities of officials of international criminal justice bodies related to the work of an Independent oversight Mechanism. Topics related to the responsibility of officials of international judicial institutions, their accountability, as well as the control and supervision of their activities have been little studied. Meanwhile, although Russia is not a State party to the ICC Statute, nevertheless, the judicial acts of this international judicial body have an impact on the reputation of the state. The author comes to conclusions, firstly, about the need to develop scientific thought in this direction, in order to increase the effectiveness of protecting state interests, and secondly, about the possible consideration of an initiative to create an independent monitoring mechanism that would function within the framework of the UN Security Council.

Suffrage of persons deprived of liberty: positions of the European Court of Human Rights and the Constitutional Court of the Russian Federation

Recently, the importance of finding a clear and, most importantly, a stable balance between private and public interests has become increasingly important. Complex relations between countries, between judicial institutions, regional associations, state sovereignty, which has once again found itself in the place of globalization, are one of the few factors that force a different assessment of interstate interactions. The issue of the electoral rights of persons who are in places of deprivation of liberty in the domestic legislation of Russia and international law is regulated differently in the Russian Federation, persons who are serving time for criminal acts committed cannot use their active suffrage. This norm finds its formal consolidation in the Basic Law of Russia (Part 3 of Article 32). Protocol 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms in Article 3 does not formally reflect restrictions on subjects entitled to vote, defining only the requirement for States to hold free elections with reasonable frequency by secret ballot in conditions that ensure the free expression of the will of the people when choosing legislative authorities. It was this discrepancy that led to the issuance of a pilot resolution to Russia and the United Kingdom, which is in a similar position. The purpose of this article is to review the positions of the Constitutional Court of the Russian Federation and the ECHR to assess objectivity in the fundamental issue of respect for human rights and the right of the state to its own opinion. And although on September 16, the Russian Federation completed the procedure for denouncing the European Convention for the Protection of Human Rights and Fundamental Freedoms, and, accordingly, the rulings of the European Court of Justice no longer apply to Russia, this analysis seems important how objective and impartial an international judicial body be to resolve internal issues of the State and is it capable of doing so? The result of the reflections led to the conclusion that there is a need for a conceptual revision of the relationship between national and interstate courts in general, especially taking into account the subsidiary nature of international justice and the instability of the legal positions of international judicial institutions.

Називаючи речі своїми іменами. Російська пропагандистська риторика як вірогідний доказ геноцидних намірів

The number and scale of war crimes and crimes against humanity committed by the Russian military in Ukraine since the start of the all-out invasion in February 2022 have prompted many experts and politicians to define this brutality as genocide and seek prosecution of the perpetrators under international law. Ukrainian investigators and prosecutors, in cooperation with foreign colleagues, are carefully documenting relevant facts, while lawyers and diplomats are looking for optimal ways to administer justice within existing or newly created international judicial institutions. At the same time, many express a warning that among the four types of crimes recognized by the UN as the most serious and those that do not have a statute of limitations, the crime of genocide is the most difficult to prove in judicial practice, because the number of war crimes in itself, however brutal and large-scale, does not make them genocide from a legal point of view, if the most important and necessary for such a formal and legal qualification is not proven: genocidal intent on the part of the military and/or political leadership of the aggressor country. Politicians usually do not give such orders in writing, and even make them orally, as a rule, in a veiled form. Therefore, it is necessary to prove genocidal intentions in court on the basis of indirect evidence - an analysis of the entire sum of the statements of high-ranking officials of the aggressor country, who ideologically justify and encourage genocide, using various euphemisms at the same time (calling, for example, for the extermination of the fictional "Nazis" in Ukraine, under which they have meaning all self-conscious Ukrainians), as well as - on the basis of a comparison of veiled genocidal statements with the corresponding systematic actions of the occupying forces and the administration, which clearly translate the ideological instructions of the leadership into the practical plane. The author of the article shows that the genocidal intentions of the Kremlin, despite all their rhetorical veiling, can be proven if the corresponding anti-Ukrainian rhetoric of Russian government officials, experts and propagandists is systematically analyzed, deconstructed and contextualized as a certain integrity, in close connection with the specific actions of the occupying army and administration.

About the problem of the formation and development of the «genocide» concept in international legal science and practice

The basic purpose of this article is to analyze the theoretical and practical aspects of the concept of «geno-cide» as an independent legal category in the context of the universal UN Convention of 1948 and beyond. The author, using also the decisions of specialized international judicial institutions, the doctrinal developments of scientists, and applying, together with them, general scientific and special research methods, formulates appropriate conclusions regarding the historical and modern understanding of the definition of this in-ternational socially dangerous act. It is substantiated that genocide, taking into account new forms and met hods of its commission, is not only a crime against a person, a certain demographic community and humanity, but also against international law. The main conclusion is that, in view of the fact that law enforcement prac-tice is ahead of the existing norms, the normative content of the definition of genocide and the cl osely related provisions of the Convention should be objectively interpreted in accordance with existing realities. In conclusion, as a result, attention is drawn to the fact that genocide, both as a concept and as a crime, requires fu r-ther comprehensive scientific development, including within the framework of the development and systema-tization of knowledge in certain areas of Kazakhstani law.

The right to protection in the practice of national courts and international judicial institutions whose jurisdiction is recognized by Ukraine

It is noted that in order to establish the content of the right to defense, it is necessary to study the interpretation of the right to defense in the practice of national courts. The list of the main circumstances that were considered by the European Court of Human Rights in the decisions against Ukraine in the context of the violation of the right to defense was determined. The inexhaustibility of the circumstances that may constitute a violation of the right to defense, which are the result of judicial discretion, is emphasized; judicial discretion refers to the judge's power to make decisions based on his individual judgment, guided by principles of justice and law. It was determined that the consequences of judicial discretion are determined by its compliance with the requirements of the law, motivation, justice and objectivity. According to the results of the study of the decisions of national courts - resolutions of the CCS of the Supreme Court, it was established that the CCS of the Supreme Court gave an assessment as a violation of the right to defense in the following cases: conducting an investigative action; consideration of the case in the appellate procedure in the absence of the convicted person, who was a minor at the time of the crime, and his lawyer; failure to ensure the participation of a defense attorney at all stages of court proceedings against a person convicted of committing particularly serious crimes, including during the review of court decisions based on newly discovered circumstances; consideration in the court of appeals of the prosecutor's appeal, in which the question is raised about the deterioration of the condition of the convicted person, in the absence of the latter, or in the absence of the defendant who is in custody, as well as his defender, who had not previously participated in this criminal proceeding; the trial in the appeals court was started without finding out whether the convicted person and his defense attorney were properly notified of the date and time of the hearing, holding a hearing in the appeals court without the participation of the defense attorney who was not properly notified of the hearing, including in those cases when the court unreasonably ignores the request of the defense party to postpone the court session; holding a trial in a court of first instance or appellate instance with the participation of a person who, due to mental disabilities, is unable to fully exercise his rights, in the absence of a defense attorney, or the absence of verification of the need to ensure the mandatory participation of a defense attorney in criminal proceedings against persons who, due to mental or physical disabilities defects are not able to fully realize their rights.

The influence of precedent practice of the European Court of Human Rights on the civil justice of Ukraine

This article examines the influence of the decisions of the European Court of Human Rights on the development of the civil procedural law of Ukraine and the practice of applying its norms by domestic courts. The concept and essence of the precedent nature of decisions (decisions) of the European Court of Human Rights, their place in the system of so-called "judicial sources" of civil procedural law are defined. The shortcomings of the Law of Ukraine "On the implementation of decisions and application of the practice of the European Court of Human Rights" are indicated, which recognizes the practice of the European Court of Human Rights as a source of law and the position of domestic courts regarding this deficiency.
 It is noted that the source of law according to the Law of Ukraine "On the Execution of Decisions and Application of the Practice of the European Court of Human Rights" is also the practice of the European Commission on Human Rights and its role in the procedure for considering complaints about violations of the Convention is determined.
 The directions of the influence of the practice of the European Court of Human Rights on civil proceedings are outlined, where it is concluded that a precedent can be formed on any procedural issue due to the dynamic interpretation by the specified court of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950 and its protocols . It is noted that the practice of the European Court of Human Rights generally constructs legal ideas regarding the principles of civil procedure and the right to a fair trial. On the example of a separate decision of the European Court of Human Rights, the law enforcement and regulatory influence on the results of consideration and resolution of a civil case and the development of the civil procedural law of Ukraine, respectively, are analyzed. The importance of the practice of the European Court of Human Rights for the civil justice of Ukraine is summarized. In particular, taking into account the precedent practice of the ECtHR during the consideration and resolution of civil cases will eliminate the factors that serve as the reason for the appeal to the Court and will introduce European standards of protection of human rights and freedoms into Ukrainian civil proceedings. As a result, the impact of the decisions of the ECtHR will reduce the need to appeal to an international judicial institution in search of just satisfaction, which will accelerate the protection of the rights and freedoms of the parties to a civil case within the framework of national judicial jurisdiction.

Evaluation of electronic evidence in civil proceedings (on the examples of certain categories of court cases)

In this article, the author reveals the concept, essence and peculiarity of evaluating electronic evidence to establish the circumstances of a civil case. There are reasons that affect the difficulty of developing established approaches to the evaluation of electronic evidence in civil proceedings: the relative novelty of the use of electronic evidence by courts; a radical change in the legal framework, as a result of which electronic evidence began to be considered as an independent means of proof; multiplicity of forms of expression of electronic evidence in practice. Attention is also drawn to the fact that the list of electronic evidence and its carriers proposed by the law is not exclusive, which is also an additional factor that complicates the development of a uniform judicial practice of evaluating electronic evidence in civil proceedings.
 The characterization of the criteria for evaluating electronic evidence in civil proceedings is carried out: the criterion of propriety, the criterion of admissibility, the criterion of sufficiency, the criterion of reliability, the criterion of the interconnection of evidence. It is noted that the most questions arise when assessing the admissibility and reliability of electronic evidence, although sometimes the criterion of appropriateness of electronic evidence can be the subject of disputes in a civil case. Yes, verification of the appropriateness of electronic evidence should be carried out by identifying in their content information about the circumstances of the case that must be established. But such verification can be complicated if the evidentiary information is not clearly recorded.
 The use of various criteria for evaluating electronic evidence is clearly demonstrated with examples from the judicial practice of domestic courts and international judicial institutions. More attention is paid to and analysis of the legal positions of the Supreme Court regarding the evaluation of electronic evidence in civil proceedings. The importance of using electronic evidence to confirm the commission of legal actions regarding intangible goods, especially those that function in the electronic environment (in particular, cryptocurrency) is highlighted.

Ensuring Enforcement of Judgements through the Prism of Reforming Criminal Provisions

The problem of ensuring the enforcement of judgements is pressing both at the national and global levels. In some countries, judgments are often enforced only in part or with long delays, and sometimes not enforced at all. One of the consequences of non-enforcement of judgements is the application of penalties for the failure to fulfil international obligations. This study intends to identify the main aspects of non-enforcement of judgments in Ukraine and the world and to outline the prospects for criminal law provisions regulating enforcement of national and international judgements on the example of reforming Ukrainian legislation. The object of research is criminal law provisions regulating the enforcement of judgements. The research methodology is due to the specifics of the object, which requires a comprehensive interdisciplinary approach involving a set of general and special methods of scientific cognition. The results of the study are related to the confirmation and refutation of hypotheses on sufficiency of international mechanisms to effectively ensure enforcement of judgements; the need to take certain actions at the national level to ensure the enforcement of judgements; the need for the legislative authorities to take certain actions at the national level; the need for the executive authorities to take certain actions at the national level; reasonability of criminalization of non-enforcement of judgments. The article contains a novelty that has theoretical and practical significance. In particular, the theoretical significance of the obtained results is that it is an original comprehensive study of enforcement of judgements of national and international judicial institutions through the prism of reforming criminal law, and offers a new concept of criminal law enforcement of judgements. The practical significance of the obtained results is that the presented data can serve as a guide for future work in this area, as well as legislative initiatives on criminal law enforcement of judgements in Ukraine and the world

Obtaining and evaluating evidence at the International Criminal Court

The article refers to the prominent role of the International Criminal Court as an organ of international justice. The author emphasizes the defining role of the Statute of the International Criminal Court as a document in which the legal foundations of activity are formulated and the basic procedural rules that guide the Court in its practice are developed. The importance of the Regulations in the implementation of procedural actions, which are reduced to a detailed and in-depth proof of certain facts submitted to the court, is shown. The methodological basis of the study is a normative, comprehensive, systematic approach to the analysis of the rule of law established by the constituent documents of the International Criminal Court. It is indicated that the constituent documents of the international judicial institution provide, among other things, detailed regulation of the presentation and evaluation of evidence. The author pays special attention to the fact that the provision and evaluation of evidence in the International Criminal Court should be organized in such a way as to provide an opportunity to render a judicial verdict impartially and taking into account all information on the legal grounds under consideration. The article examines certain procedural norms of the Rome Statute and the Rules of the International Criminal Court. The significant role of the Rules of Procedure and Evidence, which are a key tool for the application of the Rome Statute of the International Criminal Court, is shown.