In the conditions of the Russian Federation's military aggression against Ukraine, a large number of war crimes committed by Russia on the territory of Ukraine, it is important to study international courts in the field of criminal justice and understand the legal realities and prospects for solving war crimes at the international level. The purpose of the work is a scientific analysis of the legal realities of the resolution of war crimes by the International Criminal Court and the UN Criminal Court, as well as forecasting the future prospects of the activities of these judicial institutions. The methodological basis of this study is such methods as historical method, logical-legal, statistical, dialectical, comparative methods, and modeling methods. As a result of the conducted research, the current state of the activities of international judicial authorities regarding the consideration of war crimes cases was analyzed. Thus, it was noted that today there are problems regarding the resolution of war crimes by the International Criminal Court, taking into account Ukraine's non-ratification of the Rome Statute and the legal personality of this court to resolve this category of cases. The types of crimes for which prosecution is possible, as well as the peculiarities of their investigation and documentation, are also analyzed in detail.
The article carries out a criminological analysis of the main elements of the drug crime prevention mechanism as a complex system of legal response of law enforcement agencies to criminal phenomena, characterized by an integral complex of interrelated elements, and on this basis the researched concept is formulated and the differences between the closest adjacent categories are shown. It was determined that the concept of the mechanism of combating crime in the field of illegal drug trafficking as a category has a double meaning. The complexity of choosing an approach to determining the constituent system elements of the mechanism also determines the complexity of the studied concept itself. The study of the mechanism as a system with all its interrelationships helped to fully reveal the meaning of this concept. As for such a social phenomenon as countering drug crime, the concept of "mechanism" must be used mainly in a practical aspect, bearing in mind the achievement of certain results of criminological influence from the activities of law enforcement agencies. At the same time, the concept of "crime prevention mechanism" is really related to the concept of "crime prevention". The mechanism of drug crime prevention in his understanding is considered as a systemic and complex construction that can be interpreted within the framework of different approaches. These approaches, which make it possible to use the research potential of other sciences (mainly psychology, cybernetics, sociology, various branches of legal sciences that study various aspects of management), are aimed at revealing certain, sometimes very important, aspects of crime prevention and its mechanisms. Based on the results of the conducted research, it was concluded that the mechanism of combating drug crime is considered as such a system formation (all aggregates as a single entity) of norms, principles, institutions (state-legal and socio-political), forms, methods and means (organizational, legal, economic, socio-psychological), connections and relations, with the help of which the criminological influence of law enforcement agencies on specific objects is carried out in order to achieve certain goals. In this narrow (literal) understanding, this mechanism is a set of forms, methods and means used by individual subjects to carry out broad activities in the field of combating drug crime. It was determined that the criminological doctrine and practice of law enforcement confirmed that the dynamics and structure of modern drug crime are determined not only by the traditional causes and conditions of this negative social phenomenon, long studied by specialists, but also by specific criminogenic factors caused by various crisis phenomena and processes, generated by new complex social - economic and domestic political realities in which Ukrainian society found itself.
The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of exemption from criminal liability and the constitutional presumption of innocence. The analysis of the problem conducted in this publication allows us to support the position that the existing in the Criminal Code of Ukraine substantive legal institution of exemption from criminal liability does not contradict the presumption of innocence. However, for this purpose, its instructions should be assessed, firstly, as not included in the mechanism of criminal liability, and secondly - as an alternative to punishment measures of criminal law. It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the exemption from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system. The analysis of investigative and judicial practice showed that the anti-criminogenic potential of the institution of exemption from criminal liability is only partially realized, as the legislator, constructing the analyzed rules, made a number of conceptual miscalculations and editorial errors. As a result, the institution of exemption from criminal liability has significant contradictions, and some of its provisions come into conflict not only with other articles of the Criminal Code of Ukraine, but also with the rules of other branches of law. The article emphasizes that in modern criminal law the system of measures of criminal law influence is not limited (does not end) only to punishment. The Law on Criminal Liability provides for the possibility of applying to a person whose act constitutes a crime, and a number of other "tools" to correct his behavior, in particular, such as the release of this person from criminal liability on legal grounds. It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution - as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine.
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