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Constitutionality of the Rome Statute in Ukraine

Authors: Bykova, Ganna;

Constitutionality of the Rome Statute in Ukraine

Abstract

Acceptance of the Rome Statute poses a number of problems under domestic law; particularly ratification of this document raises issues of constitutional compatibility. The main problem that Ukraine encountered on the way towards ratification was compatibility of the Rome Statute with the Ukrainian Constitution. Ukraine found it necessary to amend the Constitution in order to overcome the incompatibility. The aim of the thesis is to examine critically the constitutional issues that have been raised during the ratification of the Rome Statute by Ukraine. It will be discussed the opinion of the Constitutional Court of Ukraine on the conformity of the Rome Statute with the Constitution of Ukraine, and its way in managing the constitutional problems in light of international practice and opinions of both international and national scholars. The thesis focuses on four main issues that questioned the Rome Statute’s constitutionality in Ukraine: the principle of complementarity, the irrelevance of official capacity, surrender of Ukrainian citizens to the Court and the enforcement of sentences of imprisonment in third states. It will be analyzed the nature of every specific problem, applying to provisions of the Statute and provisions of the Constitution of Ukraine.

Country
Norway
Related Organizations
Keywords

340, 330, VDP::340

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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