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Универсализъм и универсална юрисдикция
Universalism and universal jurisdiction

Author(s): Tsvetana Kamenova
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: universalism; universal jurisdiction
Summary/Abstract: Analyzed is the concept for “universal jurisdiction”, which is used to designate the jurisdiction of the national judicial authorities, concerning the crimes, committed by foreigners, instead of nationals of the state, and also concerning crimes, committed abroad. A general principle, accepted in the international law is that each country has the right to sue and to punish a foreigner for all the violations of the criminal law, done on its territory. The exercising of universal jurisdiction may fill in the jurisdictional gap and in that way to provide responsibility for international crimes. It may also be exercised as it competes with other theories of jurisdiction. In this sense it is important to exist rules about exercising of efforts in the sphere of the jurisdiction of the countries from one side, and of international judicial institutions from another. It is necessary to be made a difference between the expectations of the supporters of the international criminal jurisdiction for expanding of the universal jurisdiction as one of the ways to be stopped impunity and to be increased the responsibility and the status of the international law.