General characteristics of the contextual circumstances as an element of international crimes
( Pp. 400-405)

Aim. In the theory and practice of International Criminal Law for a long time one of the most controversial was the question regarding the place of contextual circumstances as an element of international crimes. Based on the provisions of the ICC Elements of Crimes, it can be concluded that contextual circumstances are an independent element of the composition of international crimes. However, the question of the essence of place and contextual circumstances, as a mandatory element of international crimes, being one of the most controversial in the Western doctrine of International Criminal Law remains one of the least studied in the domestic science of international criminal law that determines the relevance of the research topic. Methodology. To achieve the aim of the research when writing the article was used General scientific methodological approach which allowed to identify basic concepts of the article. In particular, the author used analysis and synthesis, generalization, deductive method, dialectical method, and system-structural method. It should be noted that widely used special scientific methods such as a method in comparative law, technical legal method, historical legal method, prediction method, historical method, formal logical method, method of interpretation of legal norms. Results. Contextual circumstances is an independent element of the of international crimes, that contains associated with the commission of socially dangerous acts conditions lead to its qualification as an international crime. The essence of contextual circumstances to establish a distinction between international crimes among themselves. In addition, contextual circumstances are the criteria for attributing international crimes to the competence of bodies of international criminal justice. The practical significance. The results obtained in the article can form the basis of subsequent scientific developments relating to this element of international crimes as contextual circumstances. Value. The main findings can be taken as a basis when forming the position of the Russian Federation and other States in international criminal relationship.

Malyarova E.A., (2016), GENERAL CHARACTERISTICS OF THE CONTEXTUAL CIRCUMSTANCES AS AN ELEMENT OF INTERNATIONAL CRIMES. Gaps in Russian Legislation, 8 => 400-405.

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contextual circumstances, contextual element, the international crimes, the elements of international crimes, The international criminal court.