The problem of defining the concept of the “international treaty of Ukraine” is being studied for the purposes of applying Article 438 of the Criminal Code of Ukraine, its characteristics, and a list of specific international treaties to which this article refers is established.

It is determined what the words “consent to be bound given by the Verkhovna Rada of Ukraine” mean in Article 438 of the Criminal Code of Ukraine, whether international treaties are in force, the consent to be bound of which was given not by the Verkhovna Rada of Ukraine, but by another body, in particular, the Presidium of the Verkhovna Rada of the Ukrainian SSR or the Presidium of the Verkhovna Rada of the USSR. The issues of succession of states concerning the application of the relevant international treaties, including those ratified prior to the formation of the USSR, are also studied. The questions of when an international treaty is considered to be in force for Ukraine and whether an international treaty not made known to the population of Ukraine is in force are also examined.

Based on the analysis of the compliance of various international treaties in the field of international humanitarian law with the requirements for international treaties contained in Article 438 of the Criminal Code of Ukraine, a list of nineteen such treaties has been created, classified according to the criterion of their main content. These are treaties on: 1) the protection of victims of armed conflicts; 2) the protection of cultural values; 3) the protection of the environment; 4) the rules of warfare and military operations; 5) individual criminal responsibility for violations of international humanitarian law. Arguments are also presented in favor of the proposition that the eleven Hague Conventions of 1907 are not in force for Ukraine, and that six other international treaties may become effective after their publication in the Ukrainian language in official printed publications in Ukraine. Attention is drawn to errors that arise due to inaccuracies in the translation of international treaties, as well as to the relationship between the provisions of international humanitarian law and international criminal law, which demonstrates the need for careful consideration of the provisions of the latter when applying Article 438 of the Criminal Code.

Bibliography

Authored books

1. Senatorova O, Prava liudyny i zbroini konflikty: navchalnyi posibnyk (FOP Holembovska O O 2019) (in Ukrainian).

Edited and translated books

2. Davyd E, Pryntsypy prava vooruzhennykh konflyktov: Kurs lektsyi yurydycheskoho fakulteta Otkrytoho Briuselskoho unyversyteta (рer s fr Yzd-vo Mezhdunar kom krasnoho kresta 2000) (in Russian).

Journal articles

3. Pushniak O, ‘Diia v chasi norm mizhnarodnykh dohovoriv’ (2013) 4 Forum prava 322–9 (in Ukrainian).

4. Hloviuk I, Teteriatnyk H, ‘Kontekstualni elementy u provadzhenniakh shchodo voiennykh zlochyniv: predmet dokazuvannia sui generis’ (2022) 6 Yurydychnyi naukovyi elektronnyi zhurnal 394–8 (in Ukrainian).

5. Akulenko V, ‘Konventsiia pro zakhyst kulturnykh tsinnostei u vypadku zbroinoho konfliktu 1954 r.: aktualni pytannia implementatsii i zastosuvannia’ (2010) 9 Naukovyi chasopys NPU imeni M. P. Drahomanova. Seriia 18: Ekonomika i pravo 126–38 (in Ukrainian).

 Websites

6. ‘Protylezhnyi za znachenniam pereklad’ (Ukrainian Legal Advisory Group) (accessed: 26.02.2023) (in Ukrainian).