Majsner A. International crime 'aggression' in the modern international law doctrine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U000354

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

27-04-2018

Specialized Academic Board

Д 26.867.01

Legislation Institute of the Verkhovna Rada of Ukraine

Essay

The dissertation is devoted to the comprehensive study of the international crime "aggression" in its various forms of manifestation, including economic and information and communication aggression, proposals for improving the international legal mechanism of counteraction to aggression. There have been formulated the latest methodological approaches to the definition of international legal means of countering terrorism in the context of a broad understanding the concept of aggression formation at the present stage. An integrated analysis of the international legal framework on counteraction to aggression, including the norms of international humanitarian law, applied to any armed conflicts, regardless of their content and intensity of hostilities, has been subjected to a comprehensive analysis. The urgent issues of improving the international legal means of counteraction to aggression and doctrinal approaches to the qualification of the international crime "aggression" at the level of international organizations and international judicial bodies have been researched. It has been established that the fundamental negative content of illegal aggressive influence on the state of international law is to restrain the equal development of all people's, nations, states and civilizational cultures, which explains the necessity of applying an integrated approach to determining the composition of the international crime 'aggression' in modern conditions. The following major transformations in the content and form of acts of aggression at the present stage of international legal, military-political and socio-economic development can be emphasized: a) the military and political forms of aggressive actions are significantly changing, that is, in some cases, acts of aggression are conditioned by such discussion concepts, as 'humanitarian intervention', 'responsibility for protection', 'protection of the rights of citizens abroad', 'preventive self-defence'; b) aggression acquires other forms and manifestations in which force and violence as an essential factor of this international crime acquires the appearance of legitimate political, informational and other kinds of activity; c) apply t. 'hybrid' forms of aggression with the simultaneous combination of military, informational, economic, political means, as is the case in the case of an aggressive war and the occupation of part of the sovereign territory of Ukraine by the Russian Federation during the years 2014-2017.

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