Criminal and legal protection of territorial integrity of Ukraine: transformations of legislation after 2014 taking into account international standards

Abstract

The article examines the protection of the territorial integrity of Ukraine in the context of armed aggression by the Russian Federation and the active implementation of international standards of criminal responsibility. It is determined that after 2014 there was a systematic revision of criminal legislation in the field of protection of sovereignty and territorial integrity, which led to the formation of a new security vector of the criminal law policy of the state. The provisions of international acts are analyzed, primarily the Charter of the United Nations, the Final Act of the Conference on Security and Cooperation in Europe, the Rome Statute of the International Criminal Court of 1998 (hereinafter referred to as the Rome Statute), which enshrine the principles of the inviolability of state borders and define the concept of the crime of aggression. It is emphasized that the ratification of the Rome Statute on August 21, 2024 became a key stage in Ukraine's integration into the system of international criminal justice, confirmed the state's readiness to recognize the jurisdiction of the International Criminal Court (hereinafter referred to as the ICC) and contributed to the harmonization of national legislation with international standards. It is noted that despite the presence of common features, the crime of aggression in international law has a broader meaning, covering aspects of the international responsibility of states, while in the criminal law of Ukraine it focuses on the protection of sovereignty and the foundations of national security. It is proven that the effective implementation of international standards requires the creation of an effective mechanism of complementarity between national jurisdiction and the ICC, which provides for amendments, first of all, to the Criminal Procedure Code of Ukraine in order to determine the procedures for cooperation in cases related to crimes of aggression and violations of territorial integrity. As a result, it is concluded that the criminal-legal protection of the territorial integrity of Ukraine is at the stage of qualitative renewal: there has been a reorientation from an intrastate to an integrated approach based on the principles of international criminal law. Such an evolution contributes to strengthening national security and increasing the international legitimacy of Ukrainian statehood.