Actual directions of improvement of the criminal law policy of Ukraine in the conditions of martial law and European integration
Authors: Hasanov Aflatun Eldar ogli 
Published: January 2025

The article examines the issues of actual directions for improving the criminal law policy of Ukraine, taking into account the ongoing full-scale invasion and comprehensive updating of the legislation and the practice of its application as a prerequisite for the country’s accession to the European Union.

It was established that the improvement and development of criminal law policy in legislative and law enforcement aspects should be carried out in the following areas: fulfillment of international obligations (implementation of the Association Agreement with the EU, requirements for the status of a candidate for EU membership; provision of international support in the fight against armed aggression, which may involve the implementation of obligations regarding national structural and legal reforms (new international bilateral and multilateral security treaties, etc.); adaptation of criminal legislation to EU member states, in particular the ratification of the Rome Statute and its implementation into national law; restructuring of national legislation for effective performance of criminal justice tasks both for the purposes of conducting hostilities and protecting the state, as well as the functioning of society under the conditions of the legal regime of martial law.

It was determined that the national judicial system, in the absence of harmonization of national criminal legislation with the norms of international humanitarian criminal law, has already formed separate conclusions regarding the application of the norms of law, in particular regarding such criminal offenses as genocide (Article 437 of the Criminal Code of Ukraine), violation of the laws and customs of war (Article 438 of the Criminal Code of Ukraine), of certain criminal offenses related to the foundations of national security, which were criminalized in 2022. It was emphasized that in view of Ukraine’s acquisition of the status of a candidate for EU membership, the issue of ensuring the ratification of the Rome Statute of the International Criminal Court, its implementation into national criminal legislation, and the full implementation of the requirements of the Association Agreement between Ukraine and the EU from 16.09.2014.

It was concluded that when implementing the norms of the Rome Statute, the duty of the state involves criminalizing actions based on their essential characteristics, and not fully reproducing the provisions of international law, which will allow to eliminate gaps or inconsistencies in national criminal legislation with international law, which could become the reason for the avoidance of responsibility by persons who commit war crimes.

Key words: criminal law policy, war crimes, violations of the laws and customs of war, genocide, implementation, international humanitarian law, international crimes, criminal responsibility, European integration, transformation of legislation, crimes against the foundations of national security of Ukraine, crimes against the state, judicial practice, Rome Statute, European integration.