The socio-legal nature of military transnational organized crime, the subject of which is the russian aggressor state

Abstract

This scientific article clarifies the essence, content and socio-legal nature of military transnational organized crime, as well as determines the role and place in the mechanism of illegal behavior of such forms of criminal offenses of the Russian aggressor state.

Based on the results of the study, the main legal gaps and conflicts in the norms of international and domestic criminal law are identified, which determine (cause, condition and correlate) the development of military transnational organized crime and, in this regard, increase the level of real threats to the national security of our state.

It has also been established that one of the conditions that contributes to the criminal activities of the Russian state - as a subject of military transnational organized crime - is the improper interaction of Ukraine with relevant international organizations (North Atlantic Treaty Organization (NATO), European Union (EU), Council of Europe (CoE); etc.) and bodies (Interpol, Europol, International Criminal Court (ICC); etc.), as well as the low level of coordination of the actions of the aforementioned forces in countering the open military aggression that the above-mentioned state launched in violation of international norms and regulations on the territory of our country in February 2022 and which continues to this day.

Based on this and taking into account other problems that exist today and are related to military transnational organized crime, the subject of which is the Russian aggressor state, especially in terms of inhuman and degrading treatment of Ukrainian prisoners of war, this scientific work has developed a number of substantiated measures aimed at improving the legal mechanism for preventing and combating this type of criminal offenses, including those related to generally recognized norms of international law, which, in accordance with Article 9 of the Constitution of Ukraine, are sources of national legislation of our state.