PROBLEMATIC ISSUES OF THE INTRODUCTION OF CRIMINAL LIABILITY FOR NON-EXECUTION OF THE JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT IN UKRAINE
Authors:   Higher Educational Institution "Academician Yuriy Bugay International and Scientific Technical University", Karpova Nataliia 
Published: February 2025

Subject of study. The published article is determined for studying such a question as establishing criminal liability in Ukraine for failure to comply with the decisions of the International Criminal Court, its judges and officials, as well as the further fulfillment by Ukraine of its part of its obligations to cooperate with the International Criminal Court. Methodology. In this study, the author used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is to assess the feasibility of defining non-compliance with an ICC decision in Ukraine as a crime, as provided for in Article 382 of the Criminal Code of Ukraine, in order to determine whether such a definition will contribute to Ukraine fulfilling its part of its obligations as a member state of the Assembly of States Parties to the Rome Statute. The author examines the current state of cooperation between Ukraine and the International Criminal Court, the history of cooperation between Ukraine and the International Criminal Court, and Ukraine's previous requests for an investigation to the International Criminal Court. The author examines the latest Ukrainian laws adopted by the Verkhovna Rada of Ukraine with the aim of implementing the provisions of the Rome Statute into national legislation. The author concluded that the Law of Ukraine “On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in Connection with the Ratification of the Rome Statute of the International Criminal Court and Amendments Thereto” dated 09.10.2024 No. 4012-IX specifies the procedure for fulfilling Ukraine's obligations in its cooperation with the ICC during the conduct of criminal proceedings by the ICC on the territory of Ukraine. The author found that this law pre-establishes criminal punishment for individuals in Ukraine for their failure to comply with the lawful requirements of the International Criminal Court. Since the International Criminal Court is an international judicial body, its general requirement for States Parties to the Rome Statute is the mandatory execution of the judgments of the International Criminal Court. The author established that paragraph "g" of Part 6 of Article 1 of the Law of Ukraine "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in Connection with the Ratification of the Rome Statute of the International Criminal Court and Amendments Thereto" dated 09.10.2024 No. 4012-IX establishes criminal liability under Article 382 of the Criminal Code of Ukraine for failure to comply with court decisions of the International Criminal Court, its judges and officials. This study examined and analyzed the types of judicial decisions of judges and officials of all organs of the International Criminal Court, including the Presidency, Pre-Trial Chambers, Trial Chambers, Appeals Chambers, the Office of the Prosecutor, and the Secretariat. The author considered the possibilities of executing certain types of court decisions of judges and officials of all bodies of the International Criminal Court in Ukraine. Сonclusion of the study. The author concluded that 1) decisions made by the President and/or the Secretary of the International Criminal Court are not subject to criminal law protection under Article 382 of the Criminal Code of Ukraine; 2) failure to execute in Ukraine the decision of the Presidium of the ICC on the designation of the State of execution of a sentence for a convicted person is qualified under Part 2 of Article 382 of the Criminal Code of Ukraine; 3) failure to execute in Ukraine arrest warrants, summonses, and sentences for a convicted person is qualified under Part 2 of Article 382 of the Criminal Code of Ukraine. Practical implications. This proposal can be used in cooperation between Ukrainian courts and law enforcement agencies with the International Criminal Court. Value / originality. This study is an original, first-in-history study of the criminal-legal protection by the Criminal Code of Ukraine of the procedure for the execution in Ukraine of court decisions of judges and officials of the International Criminal Court.