Short description (abstract):
The article deals with the historical transformation of the concept of “mercenariness” in international law and criminal law of Ukraine. The peculiarities of the definition of the concept of “mercenary”, enshrined in the legislation of Ukraine on criminal liability are analyzed, as well as deficiencies in the formulation of this notion in art. 447 of the Criminal Code of Ukraine. It is proposed to amend the note of this article.
Recent changes in the social and political situation in Ukraine have provided a new impetus to studying the problem of counteracting nomadnism as a typical contemporary bellied conflict. An objective of the article is to determine the concept of mercenarism within the criminal law of Ukraine. Legal nature of mercenarism encompasses relations in political, international and legal, criminal and legal spheres. This is why experts in various spheres conduct research on this phenomenon, and their studies often bear interdisciplinary character. Contemporary understanding of mercenarism in international law is changing, so there is an assessment of recourse in domestic law. For many centuries, mercenarism was considered a legitimate part of human warfare. The situation began to change in the beginning of the 20th century in connection with the emerging concept of neutrality and changing attitude toward war as a permissible means of international dispute resolution. At the present moment, the International Convention on the Recruitment, Use, Financing and Training of Mentors, adopted in 1989, is the basic international document, which criminalises the recruitment. Although its ratification list is not very big, any countries provide severe penalties for recruitment and related practices. Criminal liability for mercenarism is provided in the Art. 447 of the Criminal Code of Ukraine. The critical analysis of this norm reveals that it criminalizes the two basic forms of mercenary activity provided in the related Convention: military recruitment associated with the use of a recruitment in the armed conflicts on the territory of a foreign state, and the recruitment in its wide concept conceiving the use of mercenaries for overthrowing a government or otherwise undermining the constitutional order of a foreign state or for undermining the territorial integrity of such a state. The author of the article also proves that mercenarism as it is envisaged in Art. 447 of the Criminal Code of Ukraine encompasses participation in warfare or other hostilities of a foreigner or a person who is not a resident of the state on the Ukrainian territory, as well as a Ukrainian citizen on the territory of a foreign state. The author of the article focuses on the need to amend the explanatory note to Art. 447 of the Criminal Code of Ukraine containing the notion of a mercenary and bringing it into conformity with international norms. The author provides concrete proposals for enhancing the criminal law of Ukraine in relation to this issue. Certain issues of international and domestic criminal and legal definition of mercenarism are considered in the article. It practically sets the basis for further scientific research in the study of mercenarism and peculiarities of criminal liability for committing this and related crimes.
The article deals with the historical transformation of the concept of “mercenary” in international law and criminal law of Ukraine. The peculiarities of defining the concept of “hire”, fixed in the legislation of Ukraine on criminal liability, and deficiencies in the formulation of this notion, given in art. 447 of the Criminal Code of Ukraine. It is suggested to make changes to the note to the specified article.
The essence of the development, the main results:
Yurtayeva, KV Definition of mercenariness under the legislation of Ukraine on criminal liability / Ksenia Vladimirovna Yurtayeva // Bulletin of the Criminological Association of Ukraine. – 2017 – No. 2 (16). – P. 132-140.
Yurtayeva, KV (2017), “Definition of Mercenarism in the Criminal Law of Ukraine” [Vyznachennia naimanstva za zakonodavstvom Ukrainy pro kryminalnu vidpovidalnist], Visnyk Kryminolohichnoi asotsiatsii Ukrainy, No. 2 (16), pp. 132-140.