IMPLEMENTATION OF THE PRINCIPLE OF IRREVOCABILITY OF PUNISHMENT FOR WAR CRIMES IN THE CONTEXT OF THE RUSSIAN-UKRAINIAN WAR

The article explores the theoretical foundations of the principle of the inevitability of punishment in criminal law and its significance in the context of the ongoing armed aggression of the Russian Federation against Ukraine. It analyzes key factors hindering the effective implementation of this principle, including the commission of crimes in temporarily occupied territories, Russia’s non-recognition of the jurisdiction of the International Criminal Court, the overburdening of the Ukrainian law enforcement system, and shortcomings in the international accountability mechanism. Special attention is given to the analysis of the consequences of impunity for war crimes, such as the escalation of criminal behavior, undermining the authority of international law, the spread of legal nihilism, and the aggravation of justice-related issues within Ukrainian society. The article notes that the principle of inevitability of punishment is one of the fundamental tenets of criminal law, which ensures not only the protection of human rights but also the effective functioning of the entire criminal justice system. It is analyzed that, from a theoretical perspective, the principle is studied in several directions that reveal its content and role in law enforcement and combating criminal offenses. The main approaches to understanding the content of this principle and its manifestations in national and international legislation are identified. The importance of harmonizing Ukraine’s criminal legislation with international standards, intensifying international cooperation, and creating specialized mechanisms to hold persons accountable for international crimes is emphasized. The necessity of developing digital platforms for crime documentation, witness protection, and active civil society participation in ensuring accountability is substantiated. The article concludes that timely and fair punishment for war crimes is a prerequisite for post-war reconciliation, restoring trust in judicial institutions, and strengthening the international legal order. Key words: principle of inevitability of punishment, criminal law principles, martial law, criminal liability.