Issue: № 8, 2024
Doi: https://doi.org/10.37634/efp.2024.8.28
Characterizing the international legal order as an object of criminal law protection, it is possible to single out the following social relations that are under the protection of criminal law: 1) relations to ensure friendly relations between nations based on the principle of equality and self-determination of peoples; 2) relations to ensure the effectiveness of the prohibition of war as a means of state policy; 3) relations regarding international cooperation in the field of common interests of mankind. On the basis of the above, it can be concluded that the international legal order as an object of criminal law protection is a complex and multifaceted phenomenon that also encompasses the peace and security of mankind, although it is narrower in content than the international legal order as an international legal category. Based on the above, it can be concluded that the international legal order is a complex and multifaceted phenomenon that encompasses the principles of international legal personality and the international law-making process, international relations, international cooperation, human rights protection systems and means of resolving international disputes, as well as the principles international legal responsibility. In this context, the question arises as to whether all the specified aspects are covered by the international legal order as a category of international law, and by the international legal order as an object of criminal law protection. In particular, if we assume that the international legal order as a category of international law and as an object of criminal legal protection coincide in content, then in this case the international legal order will actually absorb other meaningfully related objects of criminal legal protection - the peace and security of humanity, which, as follows from the provisions of the UN Charter, are integral parts of the international legal order.
Keywords : criminal law, legal nature, sign, criminal law protection, specific object, international legal order
References:
1. Shemshuchenko Yu.S. Law and Order. Legal encyclopedia / ed. Yu. S. Shemshuchenko et al. Kyiv, 2003. Vol. 5. 736 p. (in Ukrainian).
2. Holovin A.P. Administrative and legal regulation of the activities of the public security militia: abstract of dis. ... PhD in Legal Sciences: 12.00.07. Kyiv, 2004. 20 p. (in Ukrainian).
3. Kryzhanivskyi A.F. Legal order in social and legal contexts: an attempt at a systemic vision. Current issues of reforming the legal system of Ukraine: coll. of science papers by materials of IV International science and practice conf. (Lutsk, June 1–2, 2007): in 2 vol. / comp. T.D. Klymchuk, I.M. Yakushev. Lutsk, 2007. Vol. 1. pp. 61–66. (in Ukrainian).
4. Petkov S.V. Science of law. 2022. 382 p. URL: https://tnu.edu.ua/wp-content/uploads/2022/03/ПРАВОПОРЯДОК-пункт.pdf (in Ukrainian).
5. Pohribnyi I.M. Legal order: separate aspects of understanding and essence. Law enforcement function of the state: theoretical-methodological and historical-legal problems. Kharkiv, 2019 pp. 173-174 https://univd.edu.ua/general/publishing/konf/17_05_2019/pdf/84.pdf (in Ukrainian).
6. Zabara I.M. International legal order: to the question of defining a legal phenomenon (theoretical aspects). Almanac of international law. 2019. Issue 15. pp. 4-11. http://inlawalmanac.mgu.od.ua/v15/3.pdf (in Ukrainian).
7. Zabara I.M. International legal order: modern trends in the research of the legal phenomenon (theoretical aspects) Actual problems of international relations. Issue 131. 2017 p. 82 p. 79-87. (in Ukrainian).
8. Orleans A.M. Current study of the problems of criminal legal protection of the stock market. Herald of criminal justice. 2018. No. 1. pp. 206-208. https://vkslaw.knu.ua/images/verstka/1_2018_reviews_2.pdf (in Ukrainian).