"Law & Society" is a scientific legal and social journal, which is published in Ivano-Frankivsk, Ukraine. The journal was founded by Vasyl Stefanyk Precarpathian National University in 2014 and is published with support and assistance of Ivano-Frankivsk legal society. The journal publishes overview, problem-based, and original research articles in all areas of law, politology, sociology including, but not limited to, problems of corporative law, criminal-legal policy of Ukraine, environmental protection and so on. From 2020 publication is prepared by EMPORIO. INTERNATIONAL TRADE & LOGISTICS, Lublin, Poland and the Publishing House of the Vasyl Stefanyk Precarpathian National University, Ukraine ISSN 2719-552X (Print)
EMPORIO. INTERNATIONAL TRADE & LOGISTICS, Lublin, Poland and the Publishing House of the Vasyl Stefanyk Precarpathian National University, Ukraine
Destruction of the Spiritual Elite of the Ukrainian People as a Direction of Criminal Policy of Muscovy and Its Successors
The article investigates the systematic policy of destroying the Ukrainian spiritual elite carried out by Muscovy, the Russian Empire, the Soviet Union, and modern Russia. Through specific historical examples, the author demonstrates that aggressive opposition to Ukrainian independence has always been a priority of Moscow’s policy, starting from falsifying history and appropriating the concept of «Rus». The repressive policy toward the Ukrainian language (Valuev Circular of 1863, Ems Ukaz of 1876) and the physical destruction of intellectuals are analyzed. Special attention is paid to the tragic fates of prominent Ukrainians: Ostap Vyshnia, sentenced to 10 years in labor camps on fabricated charges; Ahatanhel Krymsky – a world-renowned polyglot scholar arrested in 1941 who died in a Kazakhstan prison; Vasyl Stus – a dissident poet sentenced as a particularly dangerous recidivist who died in solitary confinement in a Perm camp. The author presents documentary evidence from archival materials, investigative files, and secret reports of special service agents. It is emphasized that of 259 Ukrainian writers published in 1930, only 36 remained after 1938. The article proves that the destruction of the spiritual elite was a conscious and consistent policy aimed at suppressing Ukrainian identity and national revival. Current Russian aggression is viewed as a continuation of this historical policy of genocide against the Ukrainian people. The research reveals the mechanisms of totalitarian repression and demonstrates how cultural figures became victims of political persecution for their patriotic stance and defense of Ukrainian language and culture.
Restrictions and violations of children’s rights under martial law in Ukraine
The scientific article examines the issues of restrictions and violations of children’s rights in the conditions of martial law in Ukraine. Special attention is paid to the analysis of existing problems of protecting children’s rights as a result of Russia’s armed aggression, which are observed on the territory of Ukraine in those regions that are relatively safe, in temporarily occupied territories and those territories that are in the combat zone. From the analysis of constitutional norms that enshrine the rights and freedoms of man and citizen that may be subject to restrictions in the conditions of martial law, it is concluded that children are directly affected by possible restrictions on the right to education. A list of the main international regulatory legal acts aimed at regulating the problems of protecting children and their rights in situations of armed conflict is outlined. At the national level, the key regulatory legal act that regulates the situation with children in conditions of armed conflict is the Law of Ukraine «On the Protection of Childhood». A range of children’s rights that are violated in the conditions of martial law in Ukraine is established. These include: murder and mutilation; recruitment of children into the enemy’s armed forces and use in hostilities; rape and other forms of sexual violence; kidnapping; attacks on schools and hospitals; denial of access to humanitarian aid. Examples of criminal acts committed by the Russian Federation against children since the beginning of hostilities in Ukraine are given. It is argued that under martial law, the number of stressful situations, depressions, anxiety states, and other psychological problems among children has also increased, caused by various manifestations of Russian terrorism; under the current conditions of power outages, the number of cases of domestic violence is increasing. It is concluded that ensuring security is a priority task under martial law, and also serves as a guarantee of the realization of the child’s rights to life, health, education, etc.
Cooperation and judicial assistance of states parties to the Rome Statute: theoretical and legal aspect
The article provides a comprehensive theoretical and legal analysis of the mechanism of cooperation between States Parties and the International Criminal Court (ICC). The research is based on the premise that the ICC’s institutional capacity to exercise its jurisdiction is directly dependent on the good faith fulfillment by states of their obligations under Part 9 of the Rome Statute. The author examines in detail the legal nature of the «vertical» model of cooperation, which significantly differs from the traditional «horizontal» system of interstate legal assistance inherent in classical international law. Key attention is paid to the conceptual distinction between the legal categories of «extradition» and «surrender,» which is fundamental for aligning international obligations with constitutional norms of national legal orders. It is substantiated that the surrender regime to the ICC is a sui generis procedure that excludes the application of most traditional grounds for refusing assistance (for example, the prohibition on extraditing own nationals). The article also analyzes complex theoretical problems related to the conflict between treaty obligations under the Statute and norms of customary international law regarding the immunities of officials of third states (the issue of Article 98). Procedural mechanisms for resolving disputes regarding cooperation, the role of the Assembly of States Parties, and the legal consequences of non-compliance with Court requests (finding of non-compliance) are considered. Theoretical aspects of protecting information affecting national security interests in the context of Article 72 of the Statute, and finding a balance between state sovereignty and the necessity of international justice, are highlighted separately. It is concluded that the effectiveness of the ICC system depends on forming a consistent practice of prioritizing international obligations.
Crimes against humanity: international legal and national aspects of the regulation of unlawful behavior
The article is devoted to international legal and national aspects of the regulation of criminal liability for crimes against humanity, especially important in times of ongoing armed aggression against Ukraine, the course of which is accompanied by large-scale commission of war crimes (Article 438 of the Criminal Code of Ukraine), the crime of aggression (Article 437 of the Criminal Code of Ukraine), propaganda of war (Article 436 of the Criminal Code of Ukraine), crimes against humanity (Article 442-1 of the Criminal Code of Ukraine). Based on the analysis of the provisions of the Statutes of the Nuremberg Military Tribunal, the International Military Tribunal for the Far East, the Rome Statute of the International Criminal Court, a conclusion is made about the almost absolute reproduction of Article 442-1 of the Criminal Code of Ukraine through the understanding of the latter. The importance of establishing a contextual element when qualifying crimes against humanity is emphasized, which is proposed to be associated with the following features: 1) confirmation of the fact of a large-scale or systematic attack; 2) the object of the attack must be any civilian population; 3) the attack was carried out in support of the policy of a certain state or organization; 4) the perpetrator’s awareness that his unlawful behavior was carried out in the context of a large-scale or systematic attack.
Analysis of judicial practice in criminal proceedings regarding illegal handling of weapons, ammunition or explosives
In the current conditions of armed conflict, the issue of weapon circulation has become particularly relevant, as its legal regulation directly impacts public safety, the criminal landscape, and the effectiveness of national defense. With the beginning of the Russian-Ukrainian war, especially after the full-scale invasion of the Russian Federation in 2022, Ukraine experienced a significant increase in the number of unregistered weapons, ammunition and explosives among the civilian population. In response to new challenges, the state was forced to adapt legislation to wartime conditions, which was reflected in the adoption of a number of regulatory legal acts that temporarily changed approaches to civilian arms circulation. In particular, on March 3, 2022, the Law of Ukraine No. 2114-IX “On Ensuring the Participation of Civilians in the Defense of Ukraine”[2] was adopted, which provides for the possibility of civilians obtaining firearms and ammunition to protect the state from armed aggression. This law also regulates the use of citizens’ own award-winning, sporting and hunting weapons in wartime and exempts them from criminal liability for the use of such weapons against an aggressor. At the same time, the issue of controlling the illegal circulation of weapons remains critically important, since the uncontrolled spread of ammunition can lead to an increase in crime and pose a threat to public safety. The Criminal Code of Ukraine provides for liability for illegal trafficking in weapons, in particular under Article 263, which establishes penalties for carrying, storing, purchasing, manufacturing or selling firearms, ammunition and explosives without a permit provided for by law. In connection with military operations and a significant number of weapons in free circulation, the issue of qualifying such offenses acquires particular importance. The definition of the terms “weapon”, “firearm” and other concepts in national legislation and international regulatory legal acts, such as the UN Firearms Protocol, is key to the correct application of the law and the avoidance of legal conflicts. In practice, there has been a marked increase in the confiscation of illegal weapons. According to official data from the National Police of Ukraine[1], at checkpoints alone following the full-scale invasion, over 11,000 units of firearms were confiscated, including 3,600 automatic weapons and 1,500 grenade launchers. Additionally, law enforcement authorities documented cases of the illegal storage of more than 27,000 grenades, 4,200 explosive materials, and 3.5 million rounds of ammunition. Furthermore, in 2023, the number of criminal proceedings concerning the illegal circulation of weapons increased by 35% compared to 2021, underscoring the urgency and relevance of the issue. The article provides a comprehensive analysis of the legislative changes aimed at regulating the circulation of weapons in Ukraine, as well as the nuances of law enforcement practices regarding crimes associated with the illegal circulation of firearms, ammunition, and explosive materials. It analyses the impact of martial law on criminal liability for the related offenses, and explores potential avenues for improving legislation in this area.
Psychological causes of collaborationism in Ukraine
The article is devoted to the study of the psychological causes of collaborationism in Ukraine as a result of the occupation of part of the territory of Ukraine by Russia. The author identifies the determinants that influenced the formation of the collaborator’s personality. The article illustrates statistical data on the prevalence of this criminal offense in Ukraine since the amendments to the Criminal Code of Ukraine regarding the criminalization of collaborationism. At the same time, the author analyzes the reasons and conditions that determine the existence of the phenomenon of collaborationism in Ukraine, identifying their ideological, political, educational, cultural, and economic basis. In particular, regarding the reasons, it is noted that they are generated by a long-term targeted ideological and propaganda influence on the citizens of Ukraine since Soviet times, which included cultural, educational, linguistic, ethnic, historical, religious, economic and other components. The author also analyzes the actions of the occupiers after the occupation of new territories in Ukraine, in particular, he notes the total dismantling of any mention of Ukraine (the detention of patriot activists, the destruction of monuments, the renaming of streets, the ban on the Ukrainian language, educational propaganda). It is worth noting that the vast majority of collaborators (almost 70% of identified individuals) committed a criminal offense under Article 111-1 of the Criminal Code of Ukraine at the age of 40 or older. In fact, it can be argued that the Soviet ideology, which still had an inertial influence in the first decade of independent Ukraine, had a significant impact on the formation of the offender’s personality. The author also emphasizes that occupation is a stressful, extreme situation for any person, which also needs to be taken into account when assessing collaborative activities.
Legal and social rights of internally displaced persons during martial law in Ukraine
The article examines the legal and social aspects of protecting internally displaced persons (IDPs) under martial law in Ukraine. Given the large number of people forced to leave their homes due to the armed aggression of the Russian Federation, the issue of ensuring their rights has become particularly urgent. The article provides a detailed analysis of legislative initiatives and regulatory acts aimed at supporting IDPs, including social protection, access to medical services, housing rights, and the right to education. Special attention is given to the analysis of social assistance, including financial payments and other state programs that ensure a minimum level of subsistence for displaced persons. An important aspect is the legal status of IDPs in Ukraine, which includes the specifics of ensuring rights to social benefits, access to justice, and other forms of legal protection. The article addresses the difficulties faced by IDPs in obtaining documents, registering their place of residence, and exercising their rights, which remains a complex process in the rapidly changing situation. It also explores international standards and practices concerning IDP rights, comparing Ukrainian legislation with European standards for the protection of internally displaced persons, allowing for an assessment of the state’s readiness to provide the necessary level of legal and social support under martial law. Additionally, the impact of martial law on the effectiveness of legislative initiatives is highlighted, particularly issues related to the imperfections of administrative procedures, lack of proper coordination between government bodies and organizations responsible for IDP support, as well as the restrictions arising from ongoing military actions. The article offers recommendations for improving mechanisms for supporting internally displaced persons. Overall, the article is of interest to researchers, practitioners in public administration, government representatives, and the public seeking a deeper understanding of the processes of formulating and implementing state policy.
Legal and Procedural Aspects of War Crimes, in the Context of the Interpretation of Articles 7(1)(g) and 8(2)(b)(xxii) of the Rome Statute
The prosecution of war criminals under the Rome Statute of the International Criminal Court (hereinafter referred to as the ICC, the Statute) is a complex and evolving area of international criminal law. Articles 7(1)(g) and 8(2)(b)(xxii) of the Statute address criminal liability for gender-based violence, particularly in the context of sexual and reproductive violence in armed conflict. This study examines the legal and procedural aspects of these provisions, highlighting their importance for the codification of gender-specific crimes as violations of international humanitarian law. The authors explore the interaction between substantive law and procedural mechanisms, focusing on issues of interpretation, evidentiary thresholds, and implications for the participation and protection of victims. The study begins with an analysis of the legislative formulation, examining how the Rome Statute defines and distinguishes between acts that constitute crimes against humanity (Article 7) and war crimes (Article 8). The authors examine the historical and legal evolution of gender-based violence as an international crime, drawing comparisons with precedents established by the ad hoc tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). The study then assesses the procedural framework of the ICC, including challenges to the investigation and prosecution of such crimes, including issues related to victim testimony, witness protection, and the collection of forensic evidence in conflict zones. In addition, the study explores the broader legal implications of prosecuting sexual and gender-based war crimes, including their intersection with cultural norms, state sovereignty, and the principle of complementarity under Article 17 of the Statute. By analysing key ICC cases such as The Prosecutor v. Jean-Pierre Bemba and The Prosecutor v. Bosco Ntaganda, the study sheds light on the development of the Court’s jurisprudence and practical obstacles to achieving accountability. The study concludes with a proposal for reforming procedural mechanisms to ensure justice for victims while protecting the rights of the accused, thereby strengthening the ICC’s capacity to address gender-based violence in conflict.
Ratification of the Rome Statute as one of the tools of protection against military aggression in the conditions of the Russian-Ukrainian war: the oretical aspect
This article explores the significance of Ukraine’s ratification of the Rome Statute of the International Criminal Court (ICC) as a crucial step in countering Russian military aggression and holding perpetrators accountable. The authors emphasize that this move has strengthened the legal basis for prosecuting Russian war criminals at the international level. A key aspect of the article is the analysis of the Rome Statute of the ICC and its importance for Ukraine. The authors argue that despite the fact that ratification has provided Ukraine with legal instruments to combat impunity, the question of the effectiveness and speed of the ICC’s response remains critical. The article highlights that Ukraine has gained full legal access to the ICC mechanisms for investigating war crimes committed on its territory. However, the authors express concern about the slow pace of investigations and the lack of tangible results in the punishment of Russian war criminals. The article also analyzes the challenges faced by the ICC in its work, particularly regarding the recognition of genocide in Bucha and Izyum. The authors draw attention to the fact that the lack of operational action by the ICC in such high-profile cases raises serious concerns about the court’s ability to ensure justice. The issue of cooperation with other ICC member states in the context of the arrest of suspects in war crimes is considered separately. The authors cite the example of South Africa’s refusal to arrest Putin, which underscores the limitations of international law without mechanisms for real punishment. In conclusion, the authors call on Ukraine and its international partners to increase pressure on the ICC to ensure effective investigation of war crimes and bring perpetrators to justice. Otherwise, in their opinion, there is a serious risk that Russian criminals will remain unpunished.
Violations of children’s rights during the war in Ukraine
The article focuses on the fact that a child belongs to a special socio-demographic group of the age population, and has age criteria, special needs, interests and rights defined by law. Every child should feel protected, loved and cared for by his or her closest people, and his or her opinion should be respected. Focusing on the rights of the most vulnerable and disadvantaged categories, including children, demonstrates society’s desire to ensure the further development of civilization, as children are our future. It is emphasized that the rights of the child are certain opportunities that are necessary for the child’s existence, development and maturity. In any modern democratic society, children are considered the highest value. Children’s rights cannot be violated even in difficult life circumstances. Children should feel fully protected by adults and the state. It is worth noting that children suffer the most during armed conflicts because they are too trusting, vulnerable and unable to take care of their own safety and protection. However, today, as a result of the full-scale invasion of Ukraine, the Russian Federation violates all children’s rights and commits grave crimes against them, namely: abducts and illegally transports them; recruits them; deprives them of liberty and parental care; uses various forms of violence against children, especially in the occupied territories; deprives them of life and maims them, etc. All children, regardless of their personal qualities and characteristics, are equally under the legal protection of the state. It is worth noting that in recent years, domestic legislation has improved its regulatory framework concerning child protection. However, today, due to Russia’s aggression against Ukraine, the sphere of children’s rights protection requires substantial enhancement. It should be emphasized that as a result of armed aggression, there is an urgent issue of ensuring and protecting the violated rights and freedoms of children. Russia is committing war crimes and crimes against humanity, which have no statute of limitations, and it must be held legally accountable. Only this will allow for the full restoration of children’s violated rights.
The role of public organizations in documenting and recording war crimes
The article provides a comprehensive study of the role of civil society organizations in the processes of documenting and recording war crimes. It highlights the legal foundations for recording war crimes, including an analysis of international and national legal acts that define the mechanisms for collecting evidence and the principles of cooperation between state bodies and international institutions. The main goals, tasks, and subjects of the war crimes documentation process are outlined, and academic publications dedicated to the participation of civil society organizations in this field are analyzed. The article examines the key areas of activity of civil society organizations engaged in recording war crimes, including monitoring and documenting war crimes, assisting in the identification of victims and witnesses, cooperating with national and international investigative bodies, providing legal and analytical support, conducting international advocacy, and more. Special attention is given to the experience of organizations such as Truth Hounds, the international nonprofit organization Bellingcat, and the Human Rights Center Zmina. The activities of the coalition «Ukraine. 5 AM» are also reviewed as an example of consolidated efforts by civil society organizations in recording war crimes. The article identifies the main challenges faced by civil society organizations in the process of documenting war crimes. Among the key difficulties noted are the lack of funding, security concerns for organization members, and insufficient state support, among others. Possible solutions to these problems are proposed, including strengthening institutional cooperation between civil society organizations and state bodies, expanding their powers, and introducing an accreditation system for organizations involved in documenting war crimes. The article concludes by emphasizing the significance of civil society organizations in the field of war crimes documentation, highlighting the importance of publicizing recorded findings, informing the international community, and transferring the collected evidence to international judicial bodies for further examination and prosecution of perpetrators.
The Tragedy Of The Holodomor Of 1932-1933 In Ukraine In The Language Of Domestic And Foreign Legal Documents
The author drew attention to the importance of the legal aspect of covering the problem of the Holodomor of 1932-1933 in Ukraine in modern domestic historiography. The purpose of this work is to cover the historical and legal aspects of the problem of the Holodomor of 1932-1933 in modern domestic historiography; study the Holodomor of 1932-1933 in Ukraine through the language of legal documents; study the tragedy of the Holodomor of 1932-1933 as a genocide against the Ukrainian people in different countries of the world. It is noted that all the actions of the then Stalinist leadership, including legal ones, in relation to the Ukrainian peasantry, which was left on the verge of extinction, are incriminated as crimes against humanity that have no statute of limitations. Based on the overall complexity, massiveness of the tragedy, and the assessment of the legal actions of the Stalinist leadership, it is proven that the Holodomor of 1932-1933 was artificial in nature and had all the signs of genocide against the Ukrainian people. The importance of the studies of V. Vasylenko, N. Svynarenko, S.Yu. Ivanova, M.M. Antonovych and others in the study of this topic is mentioned. It is noted that the death registration books for 1932-1933 and other documentation of that time in all archives of Ukraine were inaccessible for use even by specialists, in the country of the Soviets an absolute ban on information about the famine was in effect until 1987, the Soviet authorities had something to hide from their people. The dynamics of the dissemination of information about the Holodomor of 1932-1933 in Ukraine as genocide against the Ukrainian people in the representative and legislative bodies of various states of the world are analyzed in chronological order, the years of recognition of this event as genocide are indicated.It is stated that for the history of the formation of independent Ukraine, the law «On the Holodomor of 1932-1933 in Ukraine», adopted by the Verkhovna Rada of Ukraine on November 28, 2006, which defines the events of 1932-1933 as genocide of the Ukrainian people, is of great importance.
Terror and repressions of the NKVD against the youth nationalist underground of the Western Ukrainian region (1944-1953)
The liberation of Ukrainian lands from the occupying Nazi troops in 1944-45 fundamentally changed the conditions, forms and methods of the OUN struggle for victory and the construction of an independent state. The establishment of a new Soviet occupation regime in Ukraine prompted nationalist organizations to go deep underground and continue the struggle. The NKVD and MGB bodies, which came after the Red Army, began a brutal terror against the local population, and above all, against OUN activists. The liberation of Ukrainian lands by the Soviet army from the Nazi invaders led to their gradual transformation into a colony of Russia, which called the union of millions of nations the Soviet Empire or the USSR. Therefore, the history of the nation’s opposition to Russian education and total Russification in the 1940s and 1950s is more relevant than ever today, when the latest racism is rapidly imposing the «Russian world» and pro-Russian schools in the temporarily occupied territories of Ukraine. The relevance of the publication is to analyze the forms of the nation’s opposition to Russian education and the Soviet educational machine, which were developed and successfully tested in the western Ukrainian lands by the Organization of Ukrainian Nationalists in the first post-war years. The armed underground’s struggle for Ukrainian youth became a continuation of the nation’s liberation struggle for its natural rights in the pre-war and post-war periods, which forced the NKVD to change its tactics of struggle and direct terror not only to the destruction of the armed underground, but also against Ukrainian society, which, in the opinion of the conquerors, creates conditions for replenishing the OUN underground with young people. To this end, the NKVD, along with the deportation of thousands of families who, in their opinion, could be involved in the national liberation movement, harsh terror against OUN activists, and arrests of school-age youth, began the «Komsomolization of schoolchildren» of the western region of Ukraine in contrast to underground youth organizations. The publication emphasizes that, despite the terror and repression against youth, which led to the gradual cessation of the OUN underground activities in the mid-1950s, the nationally conscious youth raised by them has been involved in active resistance to the policies of the CPSU and the CPU since the early 1960s.
Cultural Heritage and War Crimes: Prosecution of Attacks on Protected Sites under Article 8(2)(b)(ix) of the Rome Statute
This study examines in detail the prosecution of intentional attacks on cultural heritage under Article 8(2)(b)(ix) of the Rome Statute in the context of the broader legal and procedural framework of international humanitarian law (IHL) and customary norms, as well as the relationship between legal codification, evidentiary thresholds and case law. The study outlines the profound legal and doctrinal challenges inherent in conceptualizing the destruction of cultural heritage as a war crime, particularly in light of the ambiguity in interpreting intent, military necessity and the intent of the perpetrators, as required by Article 30 of the Rome Statute. It also highlights systemic shortcomings in prosecution methodology and cooperation between States Parties, highlighting the need for normative improvements, the deployment of interdisciplinary investigative paradigms and the institutionalization of centralized mechanisms for documenting heritage. Through a critical analysis of subsidiary instruments such as the 1954 Hague Convention, its protocols and customary international humanitarian law, this study articulates the need for coherent legal standards that mitigate interpretative fragmentation and promote judicial consistency in the prosecution of crimes against cultural heritage. The study advances a victim-centred model of jurisprudence, advocating for restorative justice measures that include restitution, rehabilitation and reintegration of cultural heritage in affected communities, while also addressing the broader socio-cultural consequences of such crimes. The study concludes that protecting the shared cultural heritage of humanity requires a reimagined combination of international cooperation, procedural innovation and normative evolution to ensure accountability, justice and the preservation of cultural identity in situations of armed conflict.
International tribunals and the possibility of creating a tribunal for the crimes of the Russian Federation: historical analogies
Since the outbreak of the full-scale aggression of the russian federation against Ukraine in February 2022, the issue of bringing perpetrators to justice has become one of the key challenges for international justice. Numerous war crimes, crimes against humanity and concealed acts of genocide committed by the russian military and its leadership on the territory of Ukraine require an update of international approaches to the investigation, prosecution, and punishment of perpetrators. The article examines the historical experience of such effective justice mechanisms as international tribunals, in particular the Nuremberg and Tokyo trials, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The author analyses the legal precedents that can and should be used to develop a special tribunal for the crime of aggression of the russian federation against Ukraine. Attention is paid to certain issues of legal mechanisms used to prosecute persons responsible for international crimes, including the doctrine of joint criminal enterprise, the concept of individual responsibility for crimes in time of war and the issue of immunity of senior officials. The article draws attention to the fact that, given the specifics of the Russian-Ukrainian war, including the ideological basis of aggression, destruction of Ukrainian cultural identity and blatant violations of international law, none of the previous international tribunals of the past can be directly and without modification applied to the crimes of the Russian-Ukrainian war. At the same time, the future tribunal for the crimes of the Russian Federation must take into account the previous experience of international tribunals of the past, adapting it to Ukrainian realities and developing new approaches to bring perpetrators to justice for crimes committed during the Russian-Ukrainian war. Thus, the historical lessons of international tribunals should become the basis for the formation of a new judicial institution– a special tribunal to combat crimes during the Russian-Ukrainian war.
The Significance of Ratification of the Rome Statute for Ukraine at the International and National Levels
This article is devoted to the issue of understanding the role of ratification of the Rome Statute of the International Criminal Court for Ukraine at the international and national levels. The article highlights Ukraine’s path to the European community, which is still ongoing. The author has analyzed a significant number of normative legal acts and scientific sources that discuss the issue of Ukraine’s ratification of the Rome Statute from various perspectives, including the risks for our military personnel and Ukraine’s status on the international stage after the adoption of this important decision. The author emphasized the importance of making such a decision, as the EU has repeatedly stressed the necessity of Ukraine’s ratification of the Rome Statute, particularly in the Conclusion of the European Commission regarding Ukraine’s application for EU membership dated June 23, 2022, and the recommendations of the European Commission presented in the Progress Report on Ukraine within the EU Enlargement Package 2023 dated November 8, 2023. Ultimately, the ratification of this document was accompanied by a list of statements, one of which reads: «Ukraine declares that for seven years after the Rome Statute comes into force for Ukraine, it will not recognize the jurisdiction of the International Criminal Court regarding the crimes specified in Article 8 (taking into account amendments), when it is likely that the crime was committed by its citizens.» Many comments from government officials have been provided in the public space regarding this matter. Summarizing numerous public statements, the author concluded that the ratification of the Rome Statute poses no threat to Ukrainian servicemen, as in 2014 and 2015 Ukraine adopted two statements recognizing the jurisdiction of the ICC, which can already hold Ukrainian citizens accountable, and the ratification of the Rome Statute does not bring new risks. Regarding the attitude of the European community towards Ukraine and the issue of holding Ukrainian military accountable, the author concludes that premature fears are unwarranted, as the European community is currently focused primarily on the arrest and punishment of guilty parties from Russia: on March 17, 2023, the International Criminal Court in The Hague issued arrest warrants for Vladimir Putin and Russia’s children’s ombudsman Maria Lvova-Belova. In the end, the author emphasizes the positive aspects of the decision to ratify the Rome Statute as one of the steps towards Ukraine’s accession to the European Union.
On the question of the excavation of victims of communist terror of the period 1939-1941 in the village of Posich, Ivano-Frankivsk region
This article presents an in-depth investigation into the mass burial site of victims of Soviet terror from 1939 to 1941, located in the village of Posich, currently part of the Lysets Territorial Community in Ivano-Frankivsk Raion, Ukraine. The study thoroughly analyzes the discovery, exhumation, and partial identification of victims found in four separate graves situated in the forested areas known as “Rostoky” and “Kniaziv Laz.” Drawing on archival documents, forensic reports, crime scene protocols, and testimonies from local witnesses and participants in the 1990–1991 excavation efforts, the article reveals the remains of at least 31 individuals, including men and women aged 20 to 60. Among them were clergy, railway workers, peasants, and members of the intelligentsia. The remains showed clear signs of violent death, including gunshot wounds to the back of the head, skull damage, and decapitations without injury to the cervical vertebrae—indicating extremely brutal execution methods. The graves yielded numerous personal artifacts with identifying characteristics: clothing, hats, shoes, combs, wallets, toothbrushes, glasses, dental prosthetics, pocket watches, and objects inscribed with names, addresses, and dates. Of particular note were items associated with clerical robes, suggesting the targeted execution of religious figures during the suppression of church structures. Witnesses reported the existence of at least five additional, yet unexcavated, burial sites in the surrounding forest. The article emphasizes the importance of recognizing Posich as a site of national remembrance and calls for further archaeological, historical, and memorial initiatives. The documented evidence constitutes a significant contribution to the process of historical justice and the preservation of Ukrainian collective memory regarding the crimes of the Soviet totalitarian regime.
Combating corruption and oligarchic influences as a mandatory element of transitional justice
The article examines the problems of combating corruption and oligarchic influences as a mandatory element of transitional justice. It is found that corruption is both an internal problem of Ukraine and an external problem. It is substantiated that systemic changes in the justice sector and the formation of zero tolerance for corruption are necessary. It is proposed to introduce a real mechanism of personal responsibility of law enforcement agencies in the event of inaction in combating corruption offenses (in particular, in the case when law enforcement agencies were provided with relevant information regarding the commission of corruption offenses by specific individuals, and as a result of inspections, a lack of response to such actions was revealed). It is established that the role of public organizations and volunteers is significant. It seems that it would be effective to provide certain public organizations with access to the Unified Register of Pre-Trial Investigations (with compliance with the procedure regarding restrictions on the disclosure of relevant information, authorization for such actions of a specific person in compliance with current legislation and generally recognized principles, in particular legality, proportionality, presumption of innocence) for monitoring, in particular, corruption criminal offenses and those committed as part of organized groups and criminal organizations. Every citizen has the right to information. New tools are needed for analysis and work with statistical data. It is argued that the key should be not only top corruption and organized crime, but also work with public consciousness and the perception of corruption as a negative phenomenon, the introduction of truly transparent procedures, taxation, and ensuring real protection for whistleblowers. Attention should also be paid to new and already familiar ways of functioning of corruption and organized crime, in particular Telegram channels, groups in Viber, etc.
The content of the political factor that determined Russia’s aggression against Ukraine
The article provides a comprehensive analysis of the political factor as a key determinant of the Russian Federation’s armed aggression against Ukraine. The author argues for the necessity of examining the crime of aggression not only through the lens of individual behavior but also through global factor schemes, which include socio-political, economic, and bio-social components. Based on Samuel Huntington’s civilizational approach, it is substantiated that the current Russian-Ukrainian war unfolds along the «civilizational fault line» separating the Euro-Atlantic civilization, to which Ukraine historically gravitates, from the Asian (Central Asian) civilization, of which Russia is a component. The paper critically analyzes the erroneous geopolitical assessments of Western leaders in the late 20th and early 21st centuries regarding Russia’s democratization and Francis Fukuyama’s concept of the «end of history,» which led to the world’s unpreparedness to confront the resurgence of Russian imperialism. Particular attention is paid to the historical and ideological evolution of the «Russian World» concept. The author traces its origins from the «Kyiv Synopsis» (17th century) and Count Uvarov’s doctrine («Orthodoxy, Autocracy, Nationality») to Soviet «proletarian internationalism» and the modern ideology of Rashism . The content of Rashism is detailed as a new type of totalitarian ideology combining Russian chauvinism, imperialism, and practices of communist and Nazi regimes, as recognized by the Resolution of the Verkhovna Rada of Ukraine. It is established that the antagonistic contradictions between Ukraine’s democratic system and Russia’s authoritarian-totalitarian regime, exacerbated by the personal factor of the dictator Putin and the false thesis of «one people,» made aggression an inevitable consequence of the realization of the Kremlin’s imperial ambitions.
Responsibility for Collaboration Activities: Criminal Law Counteraction or a Road Leading Nowhere
The article deals with the issues of compliance with the principles of criminal law policy on the example of criminalization of a criminal offense under Article 111-1 of the Criminal Code of Ukraine. The author considers the compliance of the grounds for criminal liability for collaboration with the general institutions of the law on criminal liability, in particular, with Part 1 of Article 1 of the Criminal Code of Ukraine regarding the objectives of the law on criminal liability. It is stated that the addition of Article 111-1 “Collaboration Activities” to the law on criminal liability is due to the emotional and affective reaction of the supreme legislative body of our country – the Verkhovna Rada of Ukraine – to the military aggression of the russian federation in violation of several principles of criminal law policy. The author substantiates the inexpediency of establishing in all parts of Article 111-1 of the Criminal Code the punishment of deprivation of the right to hold certain positions or engage in certain activities for a period of ten to fifteen years and the impossibility of applying this type of punishment according to the approaches established in criminal law. The article analyzes the shortcomings of the simplified procedure for proceedings under Article 111-1 of the Criminal Code without a court hearing, as well as the use of criminal proceedings under this provision in the absence of a suspect or accused (in absentia). The author analyzes the compliance of the content of this provision and the grounds for criminal liability established by it with the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, with regard to ensuring that the population in the occupied territories has access to health care facilities, the proper functioning of institutions responsible for the care and education of children, and the involvement of the population in work related to utilities, food, housing, clothing, transportation and health of the occupied territory. It is concluded that the performance of such work cannot be defined as a criminal offense, as it is guaranteed by an international convention ratified by Ukraine in 1954. The author emphasizes the need to revise the grounds for criminal liability for collaboration activities before the end of the war and de-occupation of the entire territory of Ukraine in order to ensure the best possible post-war restoration of our country and to ensure the rights and freedoms of man and citizen guaranteed by the Constitution of Ukraine. At the same time, the author emphasizes that today the connection between the State and legal academic science has been lost.
Destruction Of Ukrainian Cultural Heritage By The Russian Aggressor As A Direct Abidance Of The Soviet War Against Ukrainian Identity
The article discusses the problem of destruction of Ukrainian cultural heritage in the context of the general war against both the Ukrainian national identity and the state waged by the Russian aggressor. The author underlines that the deliberate destruction of Ukraine’s cultural heritage in the current military and political situation is an integral part of Russia’s chauvinistic policy and neo-imperial course, which is ostensibly aimed at protecting the interests of the Slavs, but in reality is aimed at destroying the Ukrainian identity. The author provides substantial evidence that the neo-imperial Russian regime is deeply rooted in the Soviet regime proved by common political course of denationalization of Ukrainians as well as common political path to create a dictatorship and intimidation by terror, which was implemented by the Soviet Empire of Evil. The article presents facts about the destruction of churches, i.e. national sources of spirituality, achievements of world-famous Ukrainian artists, burning of old prints and manuscripts, and looting of Ukrainian museums during the Soviet era. These facts became known due to the efforts of Ukrainian dissidents and the Ukrainian diaspora. Similar examples of the destruction of Ukrainian cultural heritage are observed today: artefacts are illegally exported from the occupied Crimea; manuscripts, old books, museum collections are taken away; historical and architectural monuments are systematically destroyed. Those are examples not only of barbaric vandalism, but also of the deliberate attack on the national identity and originality of the Ukrainian people.
On The Issue Of Ensuring The National Security Of Ukraine In Wartime Conditions
The article examines the current issues of ensuring the national security of Ukraine in the context of martial law, which is caused by the full-scale military aggression of the Russian Federation (hereinafter referred to as the RF). The challenges facing the state in the field of defense capability, financial stability and legal support for security policy are analyzed. Particular attention is paid to the role of legislative initiatives, international cooperation and anti-corruption policy in strengthening the defense sector. Financial security is considered one of the key factors of state stability, as it ensures the effective functioning of military and law enforcement structures, modernization of the defense complex and social guarantees for citizens. An important aspect is the rational use of resources, effective distribution of international assistance and prevention of corruption risks that can undermine the country’s defense capability. Considerable attention is paid in the article to the analysis of modern trends in the field of national security, including the transformation of the global security architecture, the expansion of international military cooperation and the search for new strategies for protecting state sovereignty. The author emphasizes the importance of the adopted legislative acts that form the basis of legal regulation of security policy. The need for a strategic approach to the financial provision of the defense sector is emphasized, which should include the stability of budget policy, the attraction of international assistance and the effective management of financial resources. The problematic issue of corruption as a critical factor that can undermine the country’s defense capability is separately highlighted. Corruption risks in the military-industrial complex, inefficient allocation of budget funds and an insufficient level of control over the spending of finances can significantly reduce the level of combat readiness of the Armed Forces of Ukraine. The article justifies the need to strengthen anti-corruption policy, in particular through improving control mechanisms, increasing the responsibility of officials and implementing international standards of transparency in the security sector. Based on the analysis, the authors prove the need for a comprehensive approach to ensuring national security, which includes legal, economic and strategic mechanisms. The importance of Ukraine’s integration into global security structures, expansion of international financial support and creation of effective mechanisms for protecting state resources is substantiated. The article provides recommendations aimed at strengthening financial stability and overcoming corruption, which play a key role in strengthening Ukraine’s defense capability and economic resilience. The results obtained can serve as a basis for further scientific research, as well as become an important tool in developing state policy in the field of national security.