Principles of criminal law and their realization in war conditions

Abstract

The issue of realization of the principles of criminal law in the conditions of war is considered. The basic idea, essence and value of criminal law is to protect fundamental rights and establish a just punishment for their violation. Fair punishment must comply with the principles of criminal law. The meaning of criminal law is expressed through its principles. Among them are the principles of humanism, legality, proportionality, individualization and differentiation of criminal responsibility. It is established that the main idea of ​​the existence of the principles of criminal law in their comprehensive and balanced implementation of the subjects of criminal law. This requirement applies to the level of lawmaking and law enforcement, both in peacetime and in wartime. The problem facing Ukraine does not concern a single country, but all of humanity. After the aggressive military actions against Ukraine, there is a threat to the security of other countries of the world if an effective counteraction mechanism is not developed. It has been established that any armed invasion of the territory of another state in the 21st century is an encroachment not only on territorial integrity. This is an encroachment on European values. These values ​​have been built for centuries in response to the experience of war. The existence of law and order is a value. When a law is codified, structured, clear and concise, a person can compare his behavior with that law. If a person chooses to commit a crime, he does so taking into account the awareness of the illegality of such an act and the existence of appropriate punishment or criminal measure for such an act. Therefore, the government in this case has all the moral and legal grounds to prosecute such a person. The need to adhere to human rights standards in prosecuting those who have committed and been involved in crimes against humanity has been established. The civilized world must respond to and ensure security by civilized methods.