THE SUBJECT MATTER OF THE ACTIVITIES OF UKRAINE’S CENTRAL AUTHORITIES DURING COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT

Abstract

The article defines the subject matter of the activities of Ukraine’s central authorities, their functions, and powers during cooperation with the International Criminal Court (ICC). It emphasizes that the central authorities of Ukraine regarding cooperation with the ICC are the Office of the Prosecutor General – during investigations and court proceedings, as well as in the execution of other powers arising from Ukraine's obligations due to its recognition of the jurisdiction of the ICC and the Ministry of Justice of Ukraine – during the execution of judgments or other decisions of the ICC made as a result of case proceedings. The assertion is made that it is the central authorities of Ukraine that apply various forms and procedures of cooperation between Ukraine and the ICC, as provided by the Criminal procedure code of Ukraine and the Rome Statute of the ICC, with the aim of facilitating the investigation, criminal prosecution, holding accountable, and punishing individuals who have committed the most serious international crimes that fall under the jurisdiction of the ICC. It is noted that the powers of the central authority of Ukraine regarding cooperation with the ICC are provided in Article 618 of the Criminal procedure code of Ukraine. However, this article does not provide an exhaustive list of such powers of the central authority. Depending on the forms and procedures of cooperation with the ICC, Ukraine's central authorities may exercise other powers stipulated by the Criminal procedure code of Ukraine and the Rome Statute of the ICC. It is asserted that it is necessary to differentiate between the functions and powers of Ukraine’s central authorities as outlined in Chapters IX and IX2 of the Criminal procedure code of Ukraine. The powers of the central authority of Ukraine, as specified in Article 618 and Chapter IX2 of the Criminal procedure code, are limited to the subject matter related to cooperation with the ICC during investigations, court proceedings, and the execution of ICC decisions. Specific powers of Ukraine's central authority during cooperation with the ICC are highlighted. The thesis is argued that the functions and powers of Ukraine's central authority concerning cooperation with the ICC have particular features that are conditioned by regulatory and legal regulations and the legal basis for cooperation, as well as the subject matter of their activities.