PRACTICAL ASPECTS OF THE IMPLEMENTATION OF INTERNATIONAL STANDARDS IN THE NATIONAL CRIMINAL PROCESS FOR THE PROTECTION OF HUMAN RIGHTS IN THE CONDITIONS OF ARMED CONFLICT

Abstract

The article examines the practical aspects of the implementation of international standards in the national criminal process regarding the protection of human rights in the context of an armed conflict. It is noted that in the conditions of armed conflicts, the level of such criminal offenses as: war crimes, crimes against humanity, crimes of genocide, criminal offenses against property and the rights of the civilian population increases significantly, and the mechanism of criminal prosecution for committing criminal offenses should include the standards of international humanitarian rights It is emphasized that the standards of international criminal law combine the norms of substantive, procedural, organizational, executive law, procedural and procedural institutions, are established in the relevant international legal sources and are introduced into the criminal procedural legislation of Ukraine through ratification, incorporation, signing, approval, joining contract and contract acceptance. It was determined that the ratification of the relevant international NPAs involves their inclusion in the sources of criminal procedural legislation (for example, the ratification of the Rome Statute led to a number of necessary changes in the criminal procedural legislation of Ukraine, in particular regarding the implementation of the principle of universal jurisdiction, the implementation of a special pre-trial investigation, ensuring the full scope of cooperation with the ICC) , and the provisions of unratified international normative legal acts are used in the field of legislative activity, professional development, scientific research, establishment of partnership relations, etc.(for example, the Statute of the European Organization for Justice defines the principles of functioning of Eurojust, including in the field of investigation of crimes committed during the Russian- Ukrainian war). It is summarized that the application of international standards of criminal procedure in conditions of armed conflict contributes to: establishing a legal framework for proper investigation and prosecution of international crimes, determining the procedure for bringing guilty persons to justice at the international level, harmonizing national legislation in accordance with international law, national guarantees of fair justice and strengthening of trust in it, effective cooperation with international institutions, etc.