PROSPECTS FOR IMPROVING CRIMINAL LIABILITY FOR THE CRIME OF GENOCIDE

Abstract

In Ukraine, a new Criminal Code is being prepared, drafts of the Criminal Code are periodically published, in which the norms of criminal law are improved, international documents, the positions of national and foreign experts are taken into account, the shortcomings of legal regulation are eliminated, promising changes and ideas are introduced with the aim of effectively qualifying crimes. The purpose of the article is to analyze the drafts of the Criminal Code of Ukraine from the beginning of 2024 in terms of the perspective of improving criminal responsibility for committing the crime of genocide. In the Criminal Code of Ukraine, the definition of crime generally repeats international documents. The text of the draft Criminal Code of Ukraine (as of February 25, 2024) uses the concept of serious violence, which raises questions. In the following article, the concept of genocide is provided, the definition of murder in genocide is available, it is directly provided that one person can be killed if there is a goal to destroy a certain group. Compared to the Criminal Code of Ukraine, which defines the deprivation of life of members of such a group, which does not unequivocally indicate the commission of one murder, it is an important clarification, because in the scientific legal literature the position is expressed that genocide should be recognized under the condition of the commission of one murder. It is clear from the above that the project raises certain questions and needed improvement, which is partially embodied in the following projects. The draft of the Criminal Code of Ukraine (as of June 16, 2024) provides for five articles in the section, an article was added on the signs that increase the severity of crimes by one degree, and it was assumed that the commission of the crime of genocide was committed. The text of the draft Criminal Code of Ukraine (as of July 2, 2024) does not mention the article on directing the commission of the crime of genocide. The crime of genocide is defined in national and international criminal law. The legal regulation of genocide needs to be improved, taking into account the practical necessity.