The article examines one of the most severe types of international crimes - the waging of aggressive war, as enshrined in part 2 of Article 353 of the Criminal Code of the Russian Federation. The author analyzes the legal nature of this act, reveals the objective and subjective aspects of the examined crime, as well as the characteristics of the special subject of the crime. It is emphasized that waging aggressive war falls into the category of continuing crimes that infringe upon the fundamental principles of international law - sovereignty, territorial integrity, and the non-use of force in international relations. Special attention is paid to the relationship between planning, unleashing, and conducting aggressive war as independent criminal acts. The relevance of the study is due to the increase in the number of armed conflicts in various regions of the world, accompanied by numerous civilian casualties and widespread destruction; the emergence of new forms of confrontations, and more. In preparing the research, the author utilized formal-legal methods, comparative methods, as well as methods of analysis, synthesis, induction, and deduction. The scientific novelty of this article lies in the comprehensive legal understanding of the institution of waging aggressive war as a crime against peace and security of humanity in the context of Russian criminal legislation, emphasizing its systemic connection with international legal standards and internal law enforcement mechanisms. Unlike traditional approaches that focus predominantly on historical aspects or comparative analysis of international tribunals, the work offers a new interpretation of the objective side of the crime, including criteria for the continuing nature of the act, allowing for more precise differentiation of waging aggressive war from related offenses. In conclusion, it is stated that the inclusion of waging aggressive war in the Criminal Code of the Russian Federation is an important element of the country's implementation of international obligations aimed at preventing military aggression and ensuring international peace and security. It is emphasized that this norm has not only a repressive but also a preventive nature, serving as a legal barrier against the initiation of illegal military actions. The article is of significant interest to specialists in the field of international public law, criminal law, national security, and human rights, and may also be used for educational purposes in training lawyers and civil servants.
Leila Zakirovna Bagandova (Sat,) studied this question.