Issue 16(28)
Repetskyi S. Responsibility for crimes against humanity in international and national criminal legislation
Repetskyi S. Responsibility for crimes against humanity in international and national criminal legislation
https://doi.org/10.33098/2078-6670.2023.16.28.162-168
Purpose. The purpose of the article is to analyze the problems of responsibility for crimes against humanity in international and national criminal legislation, proposals for the implementation of international norms in the national criminal legislation, as well as determination of positive and negative changes as a result of such implementation innovations. Methodology. The methodology includes a complex analysis and generalization of available scientific and theoretical, legislative material and formulation of relevant conclusions. Such methods of scientific knowledge during the research were used: comparative legal, logical-grammatical, system-structural, modeling. Results: It was recognized, that in the modern criminal legislation of Ukraine lackes the only criminal-legal norm that would provided responsibility for crimes against humanity. Mostly, crimes in this area are fixed in different parts of the Criminal Code of Ukraine, which does not fully reflect everything social danger of these acts. In this connection, there was a need for a legislative enshrinement crimes against humanity in chapter XX of the Special part of the Criminal Code of Ukraine, with the aim of effectively countering the commission of criminal offenses against peace, human and international security law and order, as well as fair punishment for criminal acts of the Russian military on the territory of Ukraine at the national level legislation. Scientific novelty. According to the results of the study, it was recognized such progressive provisions regarding actions related to encroachments on peace and security humanity and the international legal order, which can be taken into account in the future for legislative initiatives on criminal liability for criminal offenses in this area. Practical significance. The research results can be used in law-making activities by improvement of the national criminal legislation on criminal offenses against peace, security of humanity and the international legal order, as well as in the educational process during the teaching and studying of the academic disciplines «International criminal law», «Actual problems of criminal law and process» and «Criminal law of Ukraine. A Special part».
Key words: crimes against humanity, criminal offenses against peace, enforced disappearance, attack, implementation.
References
- Аndrushko, А. V. (2022). Problemni pytannia implementatsii norm mizhnarodnoho prava pro vidpovidalnist za zlochyny proty liudianosti [Problematic issues of implementation of norms of international law on responsibility for crimes against humanity]. Prava liudyny ta publichne vriaduvannia v suchasnykh umovakh: Materialy V Mizhnarodnoho pravnychoho forumu (pp. 173–175). Chernivtsi: Tekhnodruk. (in Ukrainian)
- Korabel, М. G. (2022). Aktualni pytannia kvalifikatsii zlochyniv proty liudianosti v umovakh viiny Rosiiskoi federatsii proty Ukrainy [Current issues of the qualification of crimes against humanity in the conditions of the war of the Russian Federation against Ukraine]. Vyklyky pravnychoi profesii v umovakh voiennoho stanu: tezy dopovidei ta naukovykh povidomlen uchasnykiv kruhloho stolu prysviachenoho do Dnia yurysta (pp. 65–67). Kharkiv : KhNPU imeni H.S. Skovorody. (in Ukrainian)
- Criminal Code of Ukraine. Code of Ukraine, Law, Code (2001, April 5) № 2341-ІІI. Available from: https://zakon.rada.gov.ua/laws/show/2341-14#Text (accessed November 24, 2023). (in Ukrainian)
- Maryn, О. К. (2023). Problemy implementatsii norm mizhnarodnoho kryminalnoho prava v zakonodavstvo Ukrainy [Problems of implementation of norms of international criminal law in the legislation of Ukraine]. Kryminolohichni doslidzhennia: zbirnyk nauk. prats (pp. 261–276). Ivano-Frankivsk-Kropyvnytskyy: RVV DonDUVS. (in Ukrainian)
- International Convention for the Protection of All Persons from Enforced Disappearance of 20.12.2006 Available from: https://zakon.rada.gov.ua/laws/show/995_l54#Text (accessed November 20, 2023) (in Ukrainian)
- Draft Law on Amendments to Certain Legislative Acts of Ukraine on the Implementation of International Criminal and Humanitarian Law (2019, December 27) No. 2689. Available from: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=67804 (accessed November 07, 2023). (in Ukrainian)
- Draft Law on Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine (2022, April 15). Available from: https://itd.rada.gov.ua/billInfo/Bills/Card/39449 (accessed November 07, 2023). (in Ukrainian)
- About registered criminal offenses and the results of their pre-trial investigation. General Prosecutor of Ukraine. Available from: https://gp.gov.ua/ua/posts/pro-zareyestrovani-kriminalni-pravoporushennya-ta-rezultati-yih-dosudovogo-rozsliduvannya-2 (accessed November 27, 2023). (in Ukrainian)
- Rome Statute of the International Criminal Court (1998, July 17). Available from: https://zakon.rada.gov.ua/laws/show/995_588#Text (accessed November 05, 2023). (in Ukrainian)