The chief idea of criminal law is to protect the individual, society, and the state from criminal encroachment. Defined by the legislator in the field of protection - the basics of national security, life and health, public safety, environment, etc. are subject to comprehensive research to improve the effectiveness of criminal law protection, which is of great practical importance. The foundations of national security are a multifaceted construction that requires detailed analysis. This work is devoted to the study of the conceptual foundations of systematization of crimes against the foundations of national security of Ukraine as one of the fundamental aspects of the theoretical basis of the criminal law system. The work aims to study the conceptual foundations of the systematization of crimes against the foundations of national security of Ukraine. The subject of study: problematic aspects of systematization of crimes against the foundations of national security of Ukraine. The object of research: approaches to the systematization of crimes against the foundations of national security of Ukraine. The authors used the following methods: observation, generalization, analysis, synthesis, experiment, formalization. As a result of the study, the universal definition of national security, the feasibility of a system of crimes against the foundations of national security of Ukraine, determined as an experiment to develop subgroups under Section I of the Special Part of the Criminal Code.
The aim of the work was to determine the peculiarities of the principles of formation of sanctions of criminal law norms in the conditions of the Russian invasion of Ukraine. The method of analysis and research was used to interpret the works of legal scientists and determine the main theoretical approaches to the application of sanctions in international law on the example of Russia's violation of international law against Ukraine. For the detailed study of the subject the method of analysis and synthesis and descriptive method was used, as well as the method of generalization to determine the results of the research. The scientific novelty consists in the fact that the study clarifies the concept of sanctioning of criminal law norms as one of the original factors of international conflict resolution. The practical significance of the study consists in identifying the action of sanctions in conditions of war by Russia against Ukraine. It is concluded that, the conducted study is the basis for specifying the concept of the principles of sanctions in the international legal sphere, which is also the result of the analysis of legal works.
The law implementation provision issues of international criminal law in the criminal law of Ukraine are considered. Implementation’s particularity of the international legal norms in respect of combating terrorism in the Criminal Law of Ukraine was studied. Proposals for Criminal Law of Ukraine related to the ratification of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism are analyzed. Improvements to existing Ukrainian criminal law are highlighted. It is concluded that availability of a number of criminal law provisions contains blanket dispositions which aimed to give a perception to the content of criminal breaches components referring to other legal acts (in particular, international treaties, conventions, acts of other sectoral legislation), which, in turn, explicate an essence of prohibitive provisions. In such cases, an appliance of international legal laws is eventual. It is defined that compliance with international obligations in national legislation relating to the ratification of the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism is quite possible not only by criminalizing certain unlawful acts in the Criminal Code of Ukraine, but also through the keeping already available composition including committing offenses recommended by an international act. Herein, an internal legislator should retain the possibility of certain variability in choosing the form of implementation of international legal norms criminal legislation, taking into account the publicity of the relevant field and, above all, the preservation of sovereignty and national interests in the field. Basically, the carried out research demonstrates the complicity of regulating the implementation of international criminal law into national legislation requiring a comprehensive analysis of international legislation that should be preceded by integration into the Criminal Code of Ukraine, and requires the consideration of the interests of all parties of the international agreements.
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