On the Understanding of Universal Jurisdiction

Abstract

Problem statement. Today there is an armed conflict in Ukraine. Despite the fact that it is not officially recognized, the aggressor is attacking us "on all the fronts". Usually, we notice only those aspects of this conflict that threaten the security of our entire state, but in the meantime, the enemy uses all legal and illegal opportunities to strike Ukraine. One example of his alleged legal actions is the condemnation of Ukrainian citizens using the concept of universal jurisdiction. Of course, these citizens are not ordinary people. They are representatives of the elites of our society, because they are public figures, politicians and militaries. The problem of jurisdiction in general and universal jurisdiction in particular relates to the concept of the scope of international and domestic law and is important for both theory and practice of international relations. In light of this issue, the following questions are particularly relevant and the purpose of the article: the legitimacy of establishing universal jurisdiction and legal restrictions imposed on the exercise of universal jurisdiction. Methods. The methodological basis of the study is general and special legal research methods used in the theory of international law. Among them, there are general scientific research methods, such as philosophical, dialectical, synergetic, methods of induction and deduction. Results. We can assume that the concept of universal jurisdictions is now on the path of its formation as a separate institute of international criminal law. It is clear that until universal jurisdiction has become universally recognized institute of international law, although several agreements have already been concluded, and States legislative acts have been adopted, for the unambiguous approval of their place in the system of international law, this concept requires regulatory legal international regulation, for example, in the form of a single treaty. Conclusions. There are several essential features of the above definition. First, ...