PECULIARITIES OF THE CRIMINAL–LEGAL QUALIFICATION OF A SOCIALLY DANGEROUS ACT AS A VIOLATION OF THE LAWS AND CUSTOMS OF WAR

The article discusses issues of legal and practical content designed to resolve issues of assessing the criminal legal qualification of a socially dangerous act under Article 438 of the Criminal Code of Ukraine. Practically, the definition of methods and means of warfare has been carried out, which, in accordance with the provisions of international humanitarian law, are covered by a criminal offense for violation of the laws and customs of war. Based on the analysis of the blanket disposition of Article 438 of the Criminal Code of Ukraine, a conclusion was obtained that in order to fully accurately and objectively analyze the composition of a criminal offense, it is necessary to compare the committed socially dangerous act with the signs provided for by the norms of international humanitarian law and, accordingly, establishing the forms of violation of laws and customs of war. In order to clearly understand which methods and means of warfare are prohibited by the norms of international humanitarian law, accordingly, the need constantly arises to refer to the norms of international treaties, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine. It has been determined that the correctness of the criminal legal classification, and therefore the assessment of the actions of a person accused of committing the specified criminal offense, as well as the further bringing of the said person to legal responsibility, is integrally linked to an accurate detailed analysis of the provisions of international criminal law, as well as the norms of international humanitarian law international treaties and conventions designed to regulate the definition of the concept of violation of the laws and customs of war. An important element for further correct criminal legal qualification, as well as the correct application of the norms of international humanitarian law to limit the use of methods and means of warfare, as well as their actual implementation is an indispensable component of the implementation of the norms of international legal acts, as well as the norms of international humanitarian law in parts of state legislation. This process of implementation takes quite a long time, but there is no doubt that it is a necessary condition at the moment and, accordingly, will be necessary in the future.