Pub Date : 2023-05-29DOI: 10.32841/2307-1745.2022.60.19
M. Smyrnov
The conceptual issues, related to the construction of the system of international criminal justice, ratification of the Rome Statute of the International Criminal Court and features of cooperation of Ukraine with the International Criminal Court, are examined in the article. The main reasons for the delay in Ukraine's ratification of the Rome Statute of the International Criminal Court are analyzed, and attention is drawn to the inconsistent and contradictory position of Ukraine, which does not use the mechanisms of criminal prosecution for the crime of genocide, crimes against humanity, war crimes and the crime of aggression provided for by the Rome Statute of the International Criminal Court. Ukraine has signed the Rome Statute of the International Criminal Court and invites the latter to investigate crimes committed by the aggressor country in Ukraine, but does not fulfill its obligations, does not ratify the Rome Statute of the International Criminal Court and does not recognize its jurisdiction (except for special jurisdiction). The need to harmonize substantive and procedural law of Ukraine to the provisions of the Rome Statute of the International Criminal Court is emphasized. The prospects, negative and legal consequences of Ukraine's ratification of the Rome Statute of the International Criminal Court in the context of a full-scale military invasion of Ukraine by an aggressor country, as well as European integration processes and the requirements of the Association Agreement between Ukraine and the European Union are studied. The thesis is proved that Ukraine's non-ratification of the Rome Statute of the International Criminal Court may affect the possibility of bringing the aggressor country to justice, despite the fact that Ukraine used a special procedure of recognizing the jurisdiction of the International Criminal Court. The main aspects of the activity and jurisdiction of the International Criminal Court were considered. Attention is drawn to the fact that Ukraine's relations with the International Criminal Court are based on the principle of complementarity of jurisdictions. The essence, significance and advantages of Ukraine's cooperation with the International Criminal Court, as well as the possibility of bringing the aggressor country to justice for the crime of genocide, crimes against humanity, war crimes and the crime of aggression, have been studied. Based on the results of such a study, it was concluded that the recognition of the jurisdiction of the ICC (not only the special jurisdiction due to Clause 3 of Article 12 of the Rome Statute) for Ukraine is a priority and indispensable component of its European path of development and a real opportunity at the international level to prosecute top officials of the aggressor country for crimes committed in Ukraine. The ratification of the Rome Statute of the International Criminal Court provides additional opportunities for the national judiciary, will lead to the strengthen
{"title":"PROSECUTION FOR THE MOST SERIOUS INTERNATIONAL CRIMES COMMITTED IN UKRAINE DURING THE FULL-SCALE MILITARY INVASION OF THE AGGRESSOR COUNTRY","authors":"M. Smyrnov","doi":"10.32841/2307-1745.2022.60.19","DOIUrl":"https://doi.org/10.32841/2307-1745.2022.60.19","url":null,"abstract":"The conceptual issues, related to the construction of the system of international criminal justice, ratification of the Rome Statute of the International Criminal Court and features of cooperation of Ukraine with the International Criminal Court, are examined in the article. \u0000The main reasons for the delay in Ukraine's ratification of the Rome Statute of the International Criminal Court are analyzed, and attention is drawn to the inconsistent and contradictory position of Ukraine, which does not use the mechanisms of criminal prosecution for the crime of genocide, crimes against humanity, war crimes and the crime of aggression provided for by the Rome Statute of the International Criminal Court. Ukraine has signed the Rome Statute of the International Criminal Court and invites the latter to investigate crimes committed by the aggressor country in Ukraine, but does not fulfill its obligations, does not ratify the Rome Statute of the International Criminal Court and does not recognize its jurisdiction (except for special jurisdiction). \u0000The need to harmonize substantive and procedural law of Ukraine to the provisions of the Rome Statute of the International Criminal Court is emphasized. The prospects, negative and legal consequences of Ukraine's ratification of the Rome Statute of the International Criminal Court in the context of a full-scale military invasion of Ukraine by an aggressor country, as well as European integration processes and the requirements of the Association Agreement between Ukraine and the European Union are studied. The thesis is proved that Ukraine's non-ratification of the Rome Statute of the International Criminal Court may affect the possibility of bringing the aggressor country to justice, despite the fact that Ukraine used a special procedure of recognizing the jurisdiction of the International Criminal Court. \u0000The main aspects of the activity and jurisdiction of the International Criminal Court were considered. Attention is drawn to the fact that Ukraine's relations with the International Criminal Court are based on the principle of complementarity of jurisdictions. The essence, significance and advantages of Ukraine's cooperation with the International Criminal Court, as well as the possibility of bringing the aggressor country to justice for the crime of genocide, crimes against humanity, war crimes and the crime of aggression, have been studied. Based on the results of such a study, it was concluded that the recognition of the jurisdiction of the ICC (not only the special jurisdiction due to Clause 3 of Article 12 of the Rome Statute) for Ukraine is a priority and indispensable component of its European path of development and a real opportunity at the international level to prosecute top officials of the aggressor country for crimes committed in Ukraine. \u0000The ratification of the Rome Statute of the International Criminal Court provides additional opportunities for the national judiciary, will lead to the strengthen","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129650096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-23DOI: 10.32841/2307-1745.2021.52.16
V. Savchenko
{"title":"THE RIGHT OF CONVICTS TO HEALTH CARE","authors":"V. Savchenko","doi":"10.32841/2307-1745.2021.52.16","DOIUrl":"https://doi.org/10.32841/2307-1745.2021.52.16","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"240 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122998514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-14DOI: 10.32841/2307-1745.2020.44.33
O. Kostyria
This article deals with the requirements of the International Maritime Organization for the legal regulation of Port State Control, which is an effective mechanism for ensuring the safety of navigation and protecting the environment from marine pollution from vessels. The need to strengthen control over ships by the port state is determined by the following circumstances – the aging of the world fleet, reduction of ship crews, complication of technical equipment and transportation technology. A necessary condition for the safety of navigation should be sufficiently complete and strict control in ports over the application of the provisions of international conventions on ships. The purpose of such control is to identify vessels that do not comply with current international standards and take the necessary measures (detention of a vessel in the port, termination of cargo operations, delay in departure) to correct the deficiencies. The legal basis for such control is the international conventions of the International Maritime Organization and the International Labor Organization. Regional Organization of Port State Control – Paris Memorandum on Port State Control of Ships, was established in 1982 by 14 European countries to coordinate efforts to inspect foreign ships in European ports. The Paris Memorandum of Understanding Committee on Port State Control on 17 May 2010 at its 43rd session in Dublin, Ireland, finally approved the new inspection regime. A feature of the new inspection regime is the division of ships into three levels of risk: low, medium and high. The Black Sea Memorandum of Understanding (BS MOU) was established in April 2000. The member countries are Bulgaria, Georgia, Romania, Russian Federation, Turkey and Ukraine. The scope of BS MOU is the geographical coverage of ports located on the Black Sea coast. Currently, the Port State Control procedure is carried out based on the requirements of IMO resolution A.1119 (30). As the experience of states that have acceded to the International Maritime Organization (IMO) conventions on the safety of navigation shows, flag states did not fully exercise control over compliance with and implementation of the convention requirements. As a result, there has been a significant increase in ship accidents, so further expansion and strengthening of control over ships by the port State of visit becomes an important task for IMO at present.
{"title":"LEGAL REGULATION OF PORT STATE CONTROL","authors":"O. Kostyria","doi":"10.32841/2307-1745.2020.44.33","DOIUrl":"https://doi.org/10.32841/2307-1745.2020.44.33","url":null,"abstract":"This article deals with the requirements of the International Maritime Organization for the legal regulation of Port State Control, which is an effective mechanism for ensuring the safety of navigation and protecting the environment from marine pollution from vessels. \u0000The need to strengthen control over ships by the port state is determined by the following circumstances – the aging of the world fleet, reduction of ship crews, complication of technical equipment and transportation technology. \u0000A necessary condition for the safety of navigation should be sufficiently complete and strict control in ports over the application of the provisions of international conventions on ships. The purpose of such control is to identify vessels that do not comply with current international standards and take the necessary measures (detention of a vessel in the port, termination of cargo operations, delay in departure) to correct the deficiencies. \u0000The legal basis for such control is the international conventions of the International Maritime Organization and the International Labor Organization. Regional Organization of Port State Control – Paris Memorandum on Port State Control of Ships, was established in 1982 by 14 European countries to coordinate efforts to inspect foreign ships in European ports. \u0000The Paris Memorandum of Understanding Committee on Port State Control on 17 May 2010 at its 43rd session in Dublin, Ireland, finally approved the new inspection regime. A feature of the new inspection regime is the division of ships into three levels of risk: low, medium and high. \u0000The Black Sea Memorandum of Understanding (BS MOU) was established in April 2000. The member countries are Bulgaria, Georgia, Romania, Russian Federation, Turkey and Ukraine. The scope of BS MOU is the geographical coverage of ports located on the Black Sea coast. Currently, the Port State Control procedure is carried out based on the requirements of IMO resolution A.1119 (30). \u0000As the experience of states that have acceded to the International Maritime Organization (IMO) conventions on the safety of navigation shows, flag states did not fully exercise control over compliance with and implementation of the convention requirements. As a result, there has been a significant increase in ship accidents, so further expansion and strengthening of control over ships by the port State of visit becomes an important task for IMO at present.","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116491657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32841/2307-1745.2021.50.25
I. Legan
{"title":"PECULIARITIES OF INTERNATIONAL COOPERATION ON PREVENTING AND COMBATING CYBER CRIME AND CYBERTERRORISM","authors":"I. Legan","doi":"10.32841/2307-1745.2021.50.25","DOIUrl":"https://doi.org/10.32841/2307-1745.2021.50.25","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115390073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32841/2307-1745.2022.60.15
I. Bovnegra
{"title":"PROCEDURAL ACTIVITY OF A LAWYER IN THE STAGE OF PREPARATORY COURT PROCEEDINGS AS A MECHANISM FOR SOLVING THE TASKS OF CRIMINAL PROCEEDINGS","authors":"I. Bovnegra","doi":"10.32841/2307-1745.2022.60.15","DOIUrl":"https://doi.org/10.32841/2307-1745.2022.60.15","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121819220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32841/2307-1745.2021.51.35
S. Spilnyk
{"title":"CRIMINOLOGICAL ACTIVITY OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE AS A SEPARATE DIRECTION OF STATE POLICY IN THE FIGHT AGAINST CRIME","authors":"S. Spilnyk","doi":"10.32841/2307-1745.2021.51.35","DOIUrl":"https://doi.org/10.32841/2307-1745.2021.51.35","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115748252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32841/2307-1745.2019.39.6
O. Zozulia
{"title":"Disciplinary and financial responsibility of officials and members of the committees of the Verkhovna Rada of Ukraine","authors":"O. Zozulia","doi":"10.32841/2307-1745.2019.39.6","DOIUrl":"https://doi.org/10.32841/2307-1745.2019.39.6","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116644009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32841/2307-1745.2021.51.1
M. Parasiuk
{"title":"AUSTRIAN CIVIL CODE 1811 AND IT IS ROLE IN THE FUNCTIONING OF CIVIL LAW RELATIONS IN HALYCHYNA","authors":"M. Parasiuk","doi":"10.32841/2307-1745.2021.51.1","DOIUrl":"https://doi.org/10.32841/2307-1745.2021.51.1","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116938259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32841/2307-1745.2020.47-2.1
A. Bondarchuk
{"title":"THE WAYS TO IMPROVE ECONOMIC LEGISLATION IN THE FIELD OF REGULATION OF EXCHANGE TRADE IN AGRICULTURAL PRODUCTS","authors":"A. Bondarchuk","doi":"10.32841/2307-1745.2020.47-2.1","DOIUrl":"https://doi.org/10.32841/2307-1745.2020.47-2.1","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117207453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32841/2307-1745.2022.57.16
V. Nahnybida
{"title":"ARBITRATION CLAUSE IN E-COMMERCE CONTRACTS: COMPLIANCE WITH THE 1958 NEW YORK CONVENTION REQUIEREMENTS","authors":"V. Nahnybida","doi":"10.32841/2307-1745.2022.57.16","DOIUrl":"https://doi.org/10.32841/2307-1745.2022.57.16","url":null,"abstract":"","PeriodicalId":274501,"journal":{"name":"“International Humanitarian University Herald. Jurisprudence”","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117230394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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