THE PRINCIPLE OF JUSTICE AND THE CRIMINAL LAW IN SPACE

This article is devoted to the study of the principles of the criminal law in space and their relationship with the principle of justice. The principles of the criminal law in space are constructed in such a way that the jurisdiction of a few states can be extended to the person who committed the crime. Justice, as a basic legal principle, as applied to criminal law, is that a person guilty of committing a crime is punished adequately with the public danger of the committed act and the degree of guilt. The idea of guilt and the adequacy of retribution for the crime committed in different countries can vary significantly, and accordingly, a legal assessment of the committed act may differ. Thus, the requirement of the Criminal Code of the Russian Federation on unconditional recognition of a judicial decision of a foreign state in accordance with the principle of citizenship and the real principle, as a legal fact, stopping the possibility of criminal prosecution under the Criminal Code of the Russian Federation may prove an obstacle to a fair (in accordance with the Criminal Code) sentence. The universal principle imposes on Russia the duty to fight offenses that are stipulated in the international treaty of the Russian Federation or other international document, but it is not clear whether it is permissible to extend the application of this principle to persons who committed such acts in a country that does not recognize them as crimes if they are citizens of this countries. International legal acts that determine the mechanisms for combating crimes can be very far from perfect. At the same time, Russia has enshrined in its Constitution the obligations to recognize the priority of international legal acts in comparison with domestic legislation. The need to recognize the subordination of domestic legislation to international law is currently lacking, since such recognition is a direct restriction of Russia’s sovereignty, which does not need such restrictions.

justice, territorial principle, principle of citizenship, real principle, universal principle, international treaty, priority of norms, jurisdiction, restriction of right, sovereignty

1. Гоббс Т. Левиафан. М. Государственное социально-экономическое издательство, 1936.

2. Лукашук И. И. Международное право. Общая часть. М., 2005.

3. Evans Malcolm D. International Law. Oxford University Press, 2003.

4. O’Keefe R. Universal Jurisdiction: Clarifying the Basic Concept // Journal of International Criminal Justice. September 2004.

5. Shaw Malcolm N. International Law. Fifth ed. Cambridge University Press, 2003.