Criminal liability for establishing or spreading criminal influence in the context of armed aggression against Ukraine-Reference-Cited by-同舟云学术

Criminal liability for establishing or spreading criminal influence in the context of armed aggression against Ukraine

Published:2023-10-20 Issue:79 Volume:41 Page:331-343
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Akimov Mykhailo¹^ORCID,Chugaievska Alona²^ORCID,Alieksieieva-Danylenko Yuliia³^ORCID,Semeniuk-Prybaten Anna⁴^ORCID,Lytvynenko Olha⁵^ORCID

Affiliation:

1. Criminal Law Department, National Academy of Internal Affairs, 1, Solomianska square, Kyiv, Ukraine, 03035.

2. Public and International Law Department, Institute of law, Kyiv National Economic University named after Vadym Hetman, Yurii Illenko st. 81, Kyiv, Ukraine.

3. Kharkiv National University of Internal Affairs, Prospect Lew Landau, 27, Kharkiv, Ukraine, 61000.

4. Department of Criminal Law and Procedure, Faculty of Law, Khmelnytskyi University of Management and Law named after Leonid Yuzkov, St. Heroiv Maidan,8, Khmelnytskyi, Ukraine, 29013.

5. Department of Organization of Pretrial Investigation, Faculty No. 1 of the Kryvyi Rih Educational and Scientific Institute of the Donetsk State University of Internal Affairs, str. Great Perspective, 1, Kropyvnytskyi, Ukraine, 25000.

Abstract

The aim of this study was to analyze the criminal legal system to establish criminal influence during the armed aggression against Ukraine. Since the beginning of Russia's armed aggression in Ukraine, the number of war crimes committed by the Russian military has increased. Investigating criminal influence during the war is a completely new area of work for law enforcement. General methods of scientific investigation and special methods of legal investigation were used. The author examines the types of criminal influence in the context of Russian aggression against Ukraine according to the Rome Statute and the Criminal Code of Ukraine. Common criminal offenses in 2021 and 2022 are identified. The low effectiveness of the judiciary in holding perpetrators of criminal influence criminally accountable is determined. It is concluded that the amendment of criminal legislation by shortening the terms of investigation and abbreviated procedure of prosecution of minor criminal offenses will ensure their prompt investigation and prosecution, which, in turn, will relieve the investigative bodies and the judiciary from the burden of dealing with serious and particularly serious criminal offenses.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

Reference25 articles.

1. LAW OF UKRAINE. 2015. On the Legal Regime of Martial Law. 2015. No. 389-VIII. Information of the Verkhovna Rada of Ukraine. No. 28. Art. 250.

2. HATSELIUK, Vitaliy. 2021. Criminalization of socially dangerous acts during the action of the Criminal Code of Ukraine of 2001: monograph. Kyiv, Ukraine.

3. ALMOST 40 THOUSAND: THE MINISTRY OF INTERNAL AFFAIRS ANNOUNCED THE NUMBER OF PROCEEDINGS ON WAR CRIMES OF THE RUSSIAN FEDERATION. 2022. Available online. In: https://suspilne.media/302056-majze-40-tisac-u-mvs-nazvali-kilkist-provadzen-sodo-voennih-zlociniv-rf/. Consultation date: 13/04/2023.

4. ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT INTERNATIONAL COURTS. 1998. Available online. In: https://zakon.rada.gov.ua/laws/show/995_588#Text. Consultation date: 13/04/2022.

5. KAPLINA, Oksana. 2022. “Prisoner of war: special status in the criminal proceedings of Ukraine and the right to exchange” In: Access to Justice in Eastern Europe. Vol. 4-2, No. 17, pp. 8-24.