ISSN 2413-5372, Свідоцтво про державну перереєстрацію КВ №25381-15321 ПР від 07.01.2023 р.
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НАУКОВО-ПРАКТИЧНИЙ ЖУРНАЛ "ВІСНИК КРИМІНАЛЬНОГО СУДОЧИНСТВА"

Some aspects of cooperation between Ukraine and international judicial institutions


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Some aspects of cooperation between Ukraine and international judicial institutions

Сторінки: 70-78
Рік: 2017
Видавець: ТОВ "Правова Єдність"
Скачати файл: 2_2017_Pidgorodunska.pdf

Анотація

The article considers topical issues of cooperation between Ukraine and international judicial institutions in the framework of criminal proceedings. Analyzed the concept of "international judicial body" ,"international judicial institution", "the international Tribunal", "the international court of justice" and it was concluded that there weren't any significant differences, from criminal procedure perspective(which take place from the standpoint of international law), and that all bodies are elements of the system of international criminal justice(or justice).In addition, it is proposed to use in criminal process the General notion of "international judicial institutions" ‒ court or other body which has similar powers for the implementation of the criminal justice, established under the international Treaty or decision of an international organization(which member is Ukraine), the consent to which jurisdiction provided by Ukraine in the established order. It is proposed to develop and adopt special Law of Ukraine, which will regulate the procedure of cooperation with international judicial institutions(also with International Criminal Court) to enforce the provisions of the relevant international treaties.

Ukraine cooperates with the International Criminal Court without ratification of the Rome Statute, in accordance with the Article 12 of the Treaty, if it's necessary, accepting the jurisdiction of a State which is not a party to this state , can use it to statements provided by the Registrar, accept the Court from exercising jurisdiction over execution of the crime.In addition, questions of the jurisdiction of the ICC to become more important after the ratification by Ukraine Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States, under which Ukraine undertook to ratify the Rome Statute, to implement its provisions in national legislation, as well as the documents related to it.That jurisdiction over the recognition body is the first and the most important issue that must be addressed. This determines the implementation of certain procedures, including those related to the inclusion of further rules of the Rome Statute to the legislation of Ukraine. In particular , the elimination of contradictions between constitutional provisions and the Rome Statute; comply with the provisions of the Rome Statute, national criminal and criminal procedural law; creating appropriate framework for effective cooperation with the ICC; clear separation of jurisdictions ICC and domestic bodies that make prosecution.

Keywords: international cooperation in criminal proceedings, international justice, international judicial institutions, international tribunals, international criminal process, international criminal court, international justice, sentence, transfer of persons, surrender of persons.

Some aspects of cooperation between Ukraine and international judicial institutions