Виникнення поняття геноцид

The article analyzes the emergence of the concept of genocide from the beginning of the formation of the idea regarding the need to introduce criminal liability to its use in scientific literature and legal practice. The purpose of the study is to determine the emergence of the concept of genocide in history, its introduction in scientific literature and use in proving the guilt of persons who committed genocide, and to analyze the periods of improvement of criminal liability for genocide. The concept of genocide arises from a natural or acquired position about the inequality of certain groups or communities and the desire to obtain the resources of one group at the expense of another. This perceived inequality of groups has led to the beginning of more than one genocide in human history.The concept of genocide arose thanks to the lawyer of Jewish-Polish origin Raphael Lemkin. In the process of committing the crime that Lemkin defined, there is oppression, disempowerment of a certain group, mockery of moral values and the use of physical attacks, the group becomes disempowered and it is easier to impose a national model of the oppressor. This process can be followed in practice.The commission of genocide requires extensive preparation, coordination of actions to fulfill the intent to destroy a specific group, as defined in law. The premeditation of genocide and the use of a large number of methods of committing the crime indicate the intent to destroy a specific group. It is concluded that the intention to define the concept of genocide and responsibility for committing the crime began in 1933, the concept was defined in 1943, the concept of genocide was first used in the work “The Rule of the Axis Powers in Occupied Europe», and in 1945-1946 the concept of genocide was used in practice.The definition and consolidation of the concept of genocide took place in the Convention on the Prevention and Punishment of the Crime of Genocide, December 9, 1948. Accordingly, a long period of defining the concept of genocide has passed, from the moment of the emergence of the specified concept to the introduction of responsibility for the commission of genocide in international law. The concept of genocide has changed since its emergence. At present, there is a need to improve this concept in criminal legislation.