Implementation of national criminal jurisdiction over offenses committed by non-residents of the state outside its borders (comparative dimension)
Year: 2025
Type: article
Abstract: The article conducts a comparative study of the features of the regulation of the grounds and international criminal jurisdiction of the legislation of Ukraine and criminal legal acts of some European states. The main method of research in the article is comparative analysis. The subject of analysis is the criminal jurisdiction of the state over persons who are not its citizens and are not stateless persons who permanently reside in them, in the event of their committing criminal offenses outside the state. The connections between the implementation of the criminal jurisdiction of the state with its obligation to ensure the protection of national interests and the interests of its citizens, as well as with the principle of sovereignty and the requirement not to encroach on the sovereignty of other states, are shown. It is noted that the right and authority of the state to punish in such cases is limited. It should not violate the interests of other states in the administration of justice on their own territory. At the same time, the possibility of effective protection of national interests and the interests of international law must be ensured. Some norms of criminal legal acts of such states as France, Greece and Portugal have been studied. It is noted that the mechanism for ensuring criminal legal jurisdiction in the Criminal Code of Ukraine regarding extraterritorial criminal offenses of non-residents (universal and real principles) is generally regulated satisfactorily. A brief review of the grounds for applying these principles as elements of the mechanism for implementing national criminal jurisdiction over non-residents for extraterritorial criminal offenses, as provided for in Article 8 of the Criminal Code of Ukraine, has been carried out. The provisions of the aforementioned Criminal Codes have been identified, which clarify the boundaries of national criminal legal jurisdiction and allow for better regulation of its implementation. These are a more specific formulation of the grounds for applying criminal law according to the territorial principle, ensuring the principle of «either extradite or try» and the possibility of applying punishment to a resident for an extraterritorial criminal offense within the limits provided for by the laws of the place of commission of the act. Proposals are made to take into account such provisions in the process of further reforming domestic legislation on criminal liability.
Author: Ye. O. Riyako
Institution: V. N. Karazin Kharkiv National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412386790