Features of the use of criminal science general theoretical categories in relation to state
Journal Title: Альманах міжнародного права - Year 2016, Vol 13, Issue
Abstract
The article examines the possibility (in accordance with current international law) and specifics of the use of criminal science basic categories (crime, illegality, social danger of the act, punishment, culpability, criminal intent, criminal capacity) to state as a subject of international law. The author concludes that these categories are applicable to state in accordance with current international law. But the author emphasizes that the meaning these categories when applying them to state would differ and would have certain specifics in comparison with the meaning provided to these categories in domestic law (given the nature of the subject of crime and based on the nature and characteristics of international crimes). The author also concludes that state as a subject of international law fully complies with the criteria of the criminal responsibility institute: 1) state is able to commit international crimes (acts of state violates imperative norms of international law (illegality), violate the interests of the whole international community of States (social danger), and, therefore, cause the highest level of danger to international peace and security, cause the worst consequences, given the value of the assault object; 2) acts of state, which constitute or cause an international crime, involve guilty (criminal) intent of state (as a conscious selection of criminal policies and criminal methods of action for achieving specific goals), since an international crime can not occur as a result of chance or negligence of officials, but is the result of a deliberate, planned state policy carried out using almost the entire state mechanism; 3) state can be punished for committing international crimes: international law and international legal practice formed legal institutes, indicating the difference between the legal regime of State prosecution for committing international crimes and the different coercive measures and forms of State responsibility for committing international crimes.
Authors and Affiliations
К. А. ВАЖНА
Keywords
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