The dissertation is the first monograph in the Ukrainian legal sciences to be dedicated to the foundation of international legal framework of transnational criminal law which is recognized as a sub-branch of international criminal law.
The dissertation comprehensively investigates the problems of transnational criminal law (international legal aspect) and suggests ways to solve them. The methodological bases of transnational criminal law are considered and the concept, essence and principles of formation of transnational criminal law, categorical content and state of legal regulation of its legal institutions in international law are clarified.
It is determined that international criminal law is the fundamental basis of transnational criminal law and further substantiated that transnational criminal law is an autonomous sub-branch of international criminal law, which was formed in the late XX – early XXI centuries under the influence of numerous objective factors.
Transnational criminal law has its own subject and methods of legal regulation of relations, as well as goals and objectives; a key category of this sub-sector is transnational crime, which needs to be criminalized and penalized in national law.
The author found that the subject of legal regulation of transnational criminal law includes the two main groups of public relations that arise in connection with the commission of a transnational crime.
The subject of transnational criminal law also includes relations of a preventive, penitentiary nature and relations of cooperation between law enforcement agencies of states, in particular in conducting joint investigations.
The author considers numerous principles and sources of transnational criminal law and determines that the main place in this area belongs to the conventions aimed at combating transnational crime and criminalization of certain transnational crimes.
The dissertation recognizes an individual who is characterized by a number of legal, psychological, social, intellectual and other characteristics as the main subject of responsibility in transnational criminal law as. However, the nature of transnational crime determines the commission of criminal acts by collective actors (transnational organized group), which does not deny individual responsibility.
The role of international bodies and organizations in the international legal mechanism of legal regulation of preventive relations is clarified, which creates wide opportunities for coordination of anti-criminal efforts of states.
Transnational crimes are classified according to varying characteristics including the object of the crime, the nature of consequences, material and legal grounds, the form of guilt, subjects of crimes, territorial factors, international recognition of an act as a crime, scale of state’s territories etc.
A comprehensive comparative analyses of the international and domestic legal acts with norms of transnational criminal law was completed.
Concepts and ideas as to the nature of transnational criminal law in the national and foreign science have been generalized and classified as well as the new classifications was proposed.
Attention is paid to the establishment and implementation of criminal liability for crimes of transnational nature, which is carried out within a single set of legal norms of international criminal law and criminal law of Ukraine.
As a result of the research established was the necessity to improve the norms of domestic legislature in the area of transnational relations, including criminalization of criminal acts, criminal prosecution, extradition, protection of witnesses and mutual legal assistance in combating transnational crimes.
The conclusions and proposals formulated in the dissertation can be used for further scientific-theoretical and applied research and research of current problems of the theory of transnational criminal law and to determine its place in the system of international criminal law. Also, the practical value of the dissertation is expressed in the possibility of using its provisions in pedagogical practice in teaching relevant courses.
