MILITARY HONOR AND DIGNITY AS OBJECTS FOR CRIMINAL AND LEGAL PROTECTION

Abstract

The honor and dignity of military personnel are under criminal law protection starting from March 2022. Exactly at that time the norm provided for in Art. 435-1 of the Criminal Code of Ukraine, which recognized as a criminal offense the insult to honor and dignity, the threat of murder, violence or destruction or damage to property of a military personnel, was included into the legislation on criminal responsibility. In this norm, military honor and dignity are considered as a type of professional honor and dignity. Therefore, it is relevant and necessary to provide their characteristics as objects of criminal law protection.

The article considers the main scientific approaches to the definition of the honor and dignity of a person in general and the professional honor and dignity of a military personnel as objects of criminal law protection. Their content and features are analyzed. The fact is stated that the honor and dignity of a person, unlike the honor and dignity of a military personnel, are not protected by criminal law means. The author's definition of the concepts of military honor and dignity as objects of criminal law protection is given. It is emphasized that insult mentioned in Art. 435-1 of the Criminal Code of Ukraine should be considered as a manifestation of criminal mental violence along with threats.

Criminalization of insults and threats to a military personnel is the first and important step in criminal law to ensure the protection of professional honor and dignity of servicemen. The next step should be the criminalization of acts against the honor and dignity of any person, but taking into account the modern conditions of existence of Ukrainian society. Constitutional provisions that honor and dignity of a person are the highest social values in our country should be reflected in the legislation on criminal responsibility.