THE PROCEDURE FOR UKRAINE’S COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT

Abstract

The article explores the forms and procedures of Ukraine’s cooperation with the International criminal court as provided by the Criminal procedure code of Ukraine and the Rome Statute of the International criminal court. It substantiates the argument that following Ukraine’s ratification of the Rome Statute of the International criminal court, harmonization of Ukraine’s national legislation with the provisions of the Rome Statute of the International criminal court is necessary to remove legal barriers and create suitable conditions for full-fledged cooperation between Ukraine and International criminal court on a permanent basis. This harmonization should be comprehensive and accompanied by corresponding changes to substantive and procedural law. It is emphasized that the International criminal court operates on the principle of complementarity, whereby the International criminal court does not replace national judicial bodies but rather supplements the national criminal justice system. The thesis is put forth that the main functional orientation of the International criminal court activities is to enhance Ukraine’s national capacity to investigate and prosecute the most serious international crimes and to implement International criminal court rulings. Attention is drawn to the fact that the cooperation of Ukraine’s central authorities with the International criminal court is conducted in accordance with and taking into account the specific features outlined in Chapter IX2 of the Criminal procedure code, «Special features of cooperation with the International criminal court». The provisions of this chapter detail the procedures and specifics of interaction between Ukrainian law enforcement and judicial authorities with the International criminal court regarding investigations, prosecutions, and the enforcement of International criminal court decisions. Specific forms and procedures of Ukraine’s cooperation with the ICC are outlined. The thesis is supported that these forms and procedures are distinct yet interrelated concepts.