THE WAY TO JUSTICE RESTORATION IN COUNTERACTION TO THE CRIME OF AGGRESSION

Abstract

Abstract. The article is devoted to the search for the way to justice
restoration in counteraction to the crime of aggression. In this
context, international approaches to the definition of the crime of
aggression in Ukraine, the crime of aggression in the Ukrainian
legislation on criminal responsibility and the prosecution of crimes
of aggression under national jurisdiction through case law study
were investigated. This approach made it possible to consider the
crime of aggression through the prism of international legal acts
adopted by the League of Nations, the UN, the activities
of international courts and tribunals, which contributed to the
condemnation of the crime of aggression. The Rome Statute
of the International Criminal Court became an important
international legal act in condemning the crime of
aggression. It was paid attention to the long-term Russian
aggression against Ukraine with the correlation among the
activities of international organizations, the international
definition of the crime of aggression, the current national
legislation and the activities of criminal justice bodies in Ukraine.
At the same time, the methods of analysis and synthesis,
deduction and induction, formal-legal, comparative-legal,
historical-legal and other methods were applied, which
in their combination made it possible to carry out a comprehensive
study. The scientific novelty of the work consists in substantiating
the possibility of bringing to criminal responsibility for certain
manifestations of the crime of aggression not only in international
institutions, but also in Ukraine. In addition, an important result
of the study was the conclusion regarding the possibility of criminal
liability within the jurisdiction of Ukraine not only of political leaders,
but also of persons who played a special role in planning, preparing,
unleashing or waging an aggressive war. At the same time, it is a
prerogative to condemn political leaders within the limits of
international jurisdiction. Study of Ukrainian judicial practice
regarding registered criminal offenses under Art. 437 of the
Criminal Code of Ukraine indicates that its development continues.
In 2015–2017, five verdicts were found for six criminals who were
not political leaders. In the future, certain limits of the application
of Art. 437 of the Criminal Code of Ukraine. Coordination of the
efforts of international and national criminal justice bodies regarding
the prosecution of Russian political leaders for committing the crime
of aggression also remains a promising direction.