Problems of Russian Aggression Investigation against Ukraine

Abstract

Current state of investigation of military, war and other crimes caused by Russian aggression against Ukraine is studied, legal and procedural issues of their investigation are outlined. Attention is drawn to the national, foreign and international nature of the investigation of such crimes, which indicates their scale and complexity. Issues that arisen due because of conducting of hostilities on Ukrainian territory and their consequences were also considered (danger of investigative actions, lack of qualified personnel, the existence of a significant number of refugees and temporarily displaced persons, etc.). The purpose of tis research is related to beginning of the unprovoked large-scale war of Russian Federation against Ukraine and the need to bring to criminal responsibility the persons responsible for its resolution, which involves the investigation of war, military and other crimes on the territory of Ukraine and requires the solution of certain urgent problems. Particular attention is paid to Ukrainian unsuccessful attempts to ratify and implement the Rome Statute of the International Criminal Court, which can complicate the assessment of socially dangerous actions in accordance with the Criminal Code of Ukraine and the requirements of the International Criminal Court and hinder the creation of a legal basis for bringing the aggressor to criminal responsibility. In this context, the criminal procedural legislation needs changes that will facilitate the conduct of investigative and judicial actions under martial law conditions, as well as the introduction of electronic justice in Ukraine (in particular, the use of video communication and the provision of information during the transmission and collection of convincing data).