普京在乌克兰法庭上有刑事责任豁免权吗?

Vyacheslav Navrotskyy
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摘要

自 2014 年俄乌战争开始以来,特别是自 2022 年俄罗斯大规模入侵乌克兰以来,关于发动这场残酷战争的刑事责任问题已经成为现实。人们普遍承认,根据国际刑法,此类行为属于犯罪,必须由国际司法机构承担责任。同样,乌克兰国内立法也规定了这些行为的责任。与此同时,有人试图证明普京和其他高级官员不承担乌克兰刑法规定的责任,因为据称他们享有职务豁免权,而且由于所谓的职务豁免权,普通的侵略者不承担乌克兰法律规定的个人责任。该出版物旨在证明,上述豁免权地位阻止在乌克兰提起刑事起诉的说法是错误的,因为在实施侵略的国家也是如此。分析了 "豁免理论 "支持者的论点,并提出了反驳意见,认为这种豁免在乌克兰无效,并不妨碍根据乌克兰法律进行起诉。结论是,关于乌克兰的侵略战争,俄罗斯联邦高级官员的职务豁免没有任何道德、社会或法律依据,据称拥有这种豁免权的个人不仅要根据国际刑法承担刑事责任,还要根据乌克兰法律承担刑事责任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Does Putin have immunity from criminal liability before Ukrainian court?
The question about criminal liability for waging this cruel war has been actualized since the beginning of the Russian-Ukrainian war in 2014, and especially since the large-scale Russian invasion of Ukraine in 2022. It is commonly recognized that such acts are crimes according to international criminal law and that liability must come under international judiciary bodies. By the same token, Ukrainian national legislation also provides for liability for those acts. At the same time, there are attempts to prove the fact that Putin and othersenior officials are not liable under Ukrainian criminal law since allegedly they have functional immunity and ordinary perpetrators of the aggression are not personally liable under Ukrainian law due to the so-called functional immunity. The publication aims to prove the wrongfulness of the statement that the abovementioned immunity status prevents criminal prosecution in Ukraine, as in the state against which the aggression was committed. The arguments of “immunity theory” supporters are analyzed and counter-arguments are presented that such immunity is not valid in Ukraine and does not prevent prosecution under Ukrainian law. It is concluded that, regarding the aggressive war in Ukraine, the functional immunity of senior officials of the Russian Federation does not have any moral, social or legal grounds and the individuals who allegedly have such immunities are criminally liable not only under international criminal law but also Ukrainian law as well.
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