Concepts and signs of criminal offenses related to armed aggression against Ukraine

Abstract

This article deals with criminal offenses related to armed aggression against Ukraine, not for the generic object of criminal offenses, but for the criminal-legal characteristic of the criminal offenses, as in the case of corruption criminal and corruption-relatedoffenses. The signs of criminal offenses related to armed aggression against Ukraine are considered.
 It is proposed to unify the concept of «armed aggression of the Russian Federation or aggression of another country», «armed aggression against Ukraine», «armed aggression of the Russian Federation or of another state», «armed aggression of the Russian Federation against Ukraine». The article considers the possibility of using the term «armed aggression against Ukraine», which is given in Article 1 of the Law of Ukraine «On Defense of Ukraine» and making alteration to parts one, four of Article 43-1, part two of Article 297, Article 435-1, parts one, two of Article 436-2 of the CC of Ukraine.
It is indicated that Article 43-1 of the CC of Ukraine should be amendmented with notes in which it is necessary to define the concepts of «armed aggression against Ukraine» and «criminal offenses related to armed aggression against Ukraine».
Note 1 to Article 43-1 of the CC of Ukraine should fix that armed aggression against Ukraine in this Code is any of the following actions: A) violation or attack of the armed forces of another state or group of states on the territory of Ukraine, as well as occupation or annexation of part of the territory of Ukraine; B) blockade of ports, coast or airspace, disruption of communications of Ukraine by the armed forces of another state or group of states; C) an attack of the armed forces of another state or a group of states on the military land, maritime or air forces or civil marime or air fleets of Ukraine; D) the sending by another state or on its behalf of armed groups of regular or irregular forces carry on acts using of armed force against Ukraine which are so serious that this is equivalent to those listed in paragraphs А, B, and С of this note to actions, including the significant participation of a third state in such actions; E) the actions of another state (states) which allows using its territory by that third state (states) for the commission of the acts referred to in paragraphs A, B, C, D of this note; F) using of units of the armed forces of another state or a group of states that are on the territory of Ukraine in accordance with to international treaties concluded with Ukraine, against a third state or a group of states, other breach of such treaties, or extending stay of these units on the territory of Ukraine after the termination of these treaties.
Define in note 2 to Article 43-1 of the CC of Ukraine criminal offenses related to armed aggression against Ukraine, as provided by the CC of Ukraine socially dangerous, guilty acts (acts or omissions) committed by the subjects of a criminal offense who made decisions and/or developed plans (tasks) or gave, and/or executed orders for armed aggression against Ukraine, whether committed violent, and/or mercenary, or mercenary-violent acts related to armed aggression against Ukraine.