Transnational criminal law and dynamics of criminal policy

Transnational Criminal Law (TCL) operates at the intersection of international cooperation, national sovereignty, and the imperative to combat crimes that transcend borders. Despite the existence of numerous treaties and conventions, this legal domain remains fragmented, with significant divergences in legal definitions, enforcement mechanisms, and human rights safeguards. Such fragmentation poses substantial challenges, especially for transition economies like Ukraine, which strive to align their national legal systems with international standards. This paper examines the necessity of harmonizing TCL norms to enhance international security, ensure justice, and reform national criminal codes in transitional contexts. Particular emphasis is placed on the deficiencies of the General Part of TCL, including inconsistencies in forms of liability, grounds for excluding criminal responsibility, corporate criminal liability, and sentencing issues. The paper proposes pathways to address these challenges through international cooperation, legal harmonization, and the advancement of human rights protection standards.

transnational criminal law, criminal policy, transitional justice, General Part of criminal law, harmonization, international security, corporate liability