Problems of Criminal Liability for the Use of Prohibited Means and Methods of Warfare

The results of the research work carried out on the materials of judicial practice on crimes related to the use of prohibited means and methods of warfare are presented. The problems of the criminal law description of crimes related to the use of prohibited means and methods of warfare, as well as their criminological prevention, are formulated. The historical outline of the development of legislation on the use of prohibited means and methods of warfare is given. The necessity of continuity of domestic criminal legislation regulating responsibility for crimes of this type is investigated, and directions for improving the relevant legal norms are proposed. The importance of adapting the criminal law for the criminological prevention of the use of prohibited means and methods of warfare in modern conditions is shown. The determinants of crimes of this type are highlighted. The effectiveness of preventive measures is considered in the retrospective aspect and in the perspective of the integration of the society of the liberated territory in the Russian legal field. The article examines the problem of the implementation of the norms of international law in domestic criminal legislation regulating responsibility for the use of prohibited means and methods of warfare. In order to eliminate the problems associated with the application of imperfect norms of international law, it is proposed to develop and specify the content of the disposition of art. 356 of the Criminal Code of the Russian Federation. The results of the analysis and generalization of judicial practice are presented. Due to the refusal of cooperation from unfriendly countries, it is proposed to rely on domestic judicial authorities and other government structures to prevent the use of prohibited means and methods of warfare. Taking into account the trends in the modification of crimes related to the use of prohibited means and methods of warfare, the directions of further research are outlined.