Issue: № 3, 2025
Doi: https://doi.org/10.37634/efp.2025.3.17
The paper is devoted to the study of issues related to the definition of international law as a species object of criminal protection for the act provided for in Art. 443 of the Criminal Code of Ukraine. It is determined that the international law and order as an object of criminal law is a complex and multidimensional phenomenon, which also covers the peace and security of mankind, although narrower in content than international law as an international legal category. It is stated that the international nature of the social danger of criminal offenses against international order is due to the continuity of criminal and international law. International standards of criminal law protection of international law and order we include multilateral treaties. For 12 of the 15 criminal offenses against international law and order, criminal liability was established in view of Ukraine's international obligations. At the same time, not all of the international legal treaties contained provisions on criminalization of a certain act. For example, Part 1 of Art. 20 International Pact on Political and Civil Rights provides for the state to prohibit the law of war promotion, not to establish criminal liability for such propaganda. International law and order as a category of international law is a complex and multidimensional phenomenon that covers the principles of international legal personality and international law-making process, international relations, international cooperation, human rights protection systems and means of resolving international disputes, as well as the principles of international legal liability. Section XX of the Criminal Code of Ukraine is entitled "Criminal offenses against peace, security of humanity and international law". Given that the grouping of articles in criminal law is carried out according to the criterion of the generic object, it can be concluded that the said section enshrines the rules on criminal offenses, united by such generic objects as peace, human safety and international law. On the basis of the above, we can conclude that the international law and order as an object of criminal protection is a complex and multidimensional phenomenon, which also covers the peace and security of mankind, although narrower in content than international law as an international legal category. The primary element of social conditionality of criminal law is the social danger of certain acts, the awareness of which the legislator and society has a consequence of recognizing its criminal illegality. The international nature of the social danger of criminal offenses against international order, is due to the continuity of criminal and international law. For 11 of the 14 criminal offenses against international law and order, criminal liability was established in view of Ukraine's international obligations. And although in some cases, among the international obligations that the state has taken on the ratification of the relevant multilateral treaty, there were no clearly defined obligations for the establishment of criminal responsibility for a certain act (for example, for the illegal use of the symbolism of the Red Cross, the Red Central Century, the Red Creation.
Keywords : criminal law, legal nature, international standards, criminal law, international law
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