{"title":"DECRIMINALIZATION OF CRIMINAL LIABILITY FOR INSULTING THE PERSON: IT IS NECESSARY NOT TO LIBERALIZE, BUT TO MODERNIZE THE LEGISLATION","authors":"Dmitry Ishchenko .","doi":"10.29039/2413-1733-2021-7-4-136-146","DOIUrl":null,"url":null,"abstract":"The article is devoted to the study of the problems of law enforcement practice on the application of administrative responsibility for insulting a person. The current legislation divides these offenses by special compositions into criminal offenses and general ones into administrative offenses. The article analyzes statistical data and examples of law enforcement activities, which indicate the priority right to protect victims with special statuses, in particular, representatives of state authorities. It has been substantiated that today it is necessary to take the following measures of a legal and organizational nature: to provide for criminal liability for insult in case of repeated commission of an offense by a person subjected to administrative punishment for a similar offense within a year; to legislate the definition of «indecent form» of insult; take into account another form that is humiliating and offending to public morality; to establish normatively the criteria for assessing the offensiveness of words, expressions and actions; consider the possibility of introducing the punishment of administrative arrest; significantly toughen sanctions by increasing the size of fines.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"87 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.29039/2413-1733-2021-7-4-136-146","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The article is devoted to the study of the problems of law enforcement practice on the application of administrative responsibility for insulting a person. The current legislation divides these offenses by special compositions into criminal offenses and general ones into administrative offenses. The article analyzes statistical data and examples of law enforcement activities, which indicate the priority right to protect victims with special statuses, in particular, representatives of state authorities. It has been substantiated that today it is necessary to take the following measures of a legal and organizational nature: to provide for criminal liability for insult in case of repeated commission of an offense by a person subjected to administrative punishment for a similar offense within a year; to legislate the definition of «indecent form» of insult; take into account another form that is humiliating and offending to public morality; to establish normatively the criteria for assessing the offensiveness of words, expressions and actions; consider the possibility of introducing the punishment of administrative arrest; significantly toughen sanctions by increasing the size of fines.