欧洲一体化对战争时期乌克兰刑法政策的挑战

L. Timofeyeva
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引用次数: 0

摘要

乌克兰的欧洲一体化方向导致了立法和实践方面的一系列重大变化。显然,这是一个高昂的代价,但这场战争使乌克兰比以往任何时候都更接近加入欧盟。2022年2月28日,乌克兰总统弗拉基米尔·泽伦斯基签署了乌克兰加入欧盟的申请。2022年4月8日,欧盟委员会主席乌尔苏拉·冯德莱恩访问基辅期间,向乌方亲自递交了一份调查问卷,以获得乌克兰的欧盟候选国地位。乌克兰战争显示了欧洲价值观的有效性。这不仅体现在文件上,也体现在乌克兰与欧洲国家会晤的具体步骤上,尤其是对俄罗斯联邦、俄罗斯寡头、外交官和高级官员的制裁上。与此同时,与欧洲联盟的立法协调一致仍然需要对乌克兰的立法,特别是刑事立法进行全面改革。此外,已经确定了向欧洲价值观和原则转移的必要性。每个州都是独立自主的,有其独特的法律规定。然而,欧洲国家在价值观上是统一的。《联署协定》特别强调下列价值观:尊重法治、人权和基本自由、不歧视和尊重多样性。最后但并非最不重要的是,应当指出,乌克兰已经采取了一些步骤来实现这种近似,但仍有许多未解决的问题,包括方法问题。工作组正在从2019年开始制定乌克兰新的刑事立法草案,该草案应考虑到欧洲法律的特点,但也应保留本国的特点。欧洲的制裁没有那么快,但随着时间的推移,作为对另一个国家战争罪行的回应,它们将被证明是有效的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME
Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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