Large-scale Russian aggression exacerbated the issue of international criminal law in the legal system of Ukraine, both in terms of relevant supranational judicial procedures and in relation to the implementation of international law norms in national criminal law practice. In this dimension, it is extremely important to outline the evolution and current state of affairs regarding the implementation in domestic practice of the category of the international crime of genocide, enshrined in the Convention on the Prevention and Punishment of Genocide of 1948, and in the Rome Statute. At the same time, if there are questions of a rather formal nature regarding the national consolidation of convention requirements: first of all, regarding the official translation and publication of the 1948 Convention, then regarding their reflection and application in national practice, the array of relevant aspects is now quite wide. To outline the current situation, the article assesses the state of the representation of the category of genocide in current national legislation and in modern judicial practice, especially in relation to normative acts and court decisions that are available in open sources of two years of large-scale Russian invasion.

  In the corresponding array of normative acts, the authors singled out the general and special attitude of Ukrainian law-makers and the court to the category of genocide and forms of counteraction to this international crime in accordance with the global dimension, the historical experience of Ukraine and based on the realities of current Russian aggression. The judicial practice in the article is evaluated primarily in relation to the published decisions in criminal proceedings and compares the corresponding dynamics with the situation observed until 2022.

The authors state that the national implementation of the international criminal-legal category of genocide into the national legal system of Ukraine is a process caused by large-scale Russian aggression; such implementation must comply with both international standards embodied in the practice of the International Court of Justice and the International Criminal Court, as well as the principle of the rule of law.

Bibliography

Edited books

1. Lemkin R, Radianskyi henotsyd v Ukraini (Maisternia knihi 2009).

2. Holodomor 1932–1933 rokiv v Ukraini yak zlochyn henotsydu zghidno z mizhnarodnym pravom (Antonovych M red, Vasylenko V red, Bondar K etc, KMA 2012).

Theses

3. Anosova Yu, ‘Yurysdyktsiia mizhnarodnykh sudovykh orhaniv shchodo zlochynu henotsydu’ (2018).

4. Bem M, ‘Mizhnarodno-pravovi pohliady R. Lemkina’ (2014).

5. Strokova I, ‘Kryminalna vidpovidalnist za henotsyd (porivnialnyi analiz)’ (2010).

Journal articles

6. Za materialamy kryminalnoi spravy pro Holodomor-henotsyd 1932–1933 rokiv v Ukraini (2010) 57 Visnyk Sluzhby Bezpeky Ukrainy, Spetsvypusk.