Separate issues of improving the norm on criminal liability for insulting the honor and dignity of a military serviceman, threatening to a military serviceman (Art. 435-1 of the Criminal Code of Ukraine)

Abstract

The article is devoted to the study of the most acceptable ways of eliminating the shortcomings of the norm on criminal liability for insulting the honor and dignity of a military servant, threatening to a military servant. In particular, the author analyzed the following obvious constructive defects of the disposition of Article 435-1 of the Criminal Code of Ukraine: 1) inconsistency with the generic object of insulting the honor and dignity of a military serviceman, threats to a military serviceman of the Section of the Special Part of the Criminal Code of Ukraine, to which the legislator placed the specified norm; 2) similarity of the objective aspect of the composition of the crime provided for in Art. 435- 1 of the Criminal Code of Ukraine, with separate methods of committing the crime provided for in Art. 114-1 of the Criminal Code of Ukraine; 3) the impracticality of the existence of a restrictive feature in the disposition, which indicates that the military serviceman must carry out measures to repel and contain the armed aggression of the Russian Federation (and not of any aggressor state); 4) the need to specify that a socially dangerous act is committed not simply in relation to a military serviceman who carries out measures to ensure national security and defense, repel and deter armed aggression (his close relatives or family members), namely in connection with the participation persons in such events.On the basis of scientific analysis, taking into account the similarity of the objective side of the composition of the crime provided for in Art. 435-1 of the Criminal Code of Ukraine, as well as methods of committing the crime provided for in Art. 114- 1 of the Criminal Code of Ukraine, the identity of the generic object of the specified components of the crime protected by criminal law means, the expediency of implementing the norm on insulting the honor and dignity of a military servant, threatening to a military servant in Art. 114-1 of the Criminal Code of Ukraine, with the simultaneous change of the title of the article to «Hindering the lawful activities of the Armed Forces of Ukraine, other military formations and their military servicemen», changing the numbering of parts 1-2 to parts 2-3 and aligning the text of part 3 of Art. 114-1 of the Criminal Code of Ukraine with the content of the amendments. In the author’s opinion, the specified steps will eliminate a number of significant structural flaws and deficiencies made by the legislator during the addition of Article 435-1 to the Criminal Code of Ukraine, and will also allow to harmonize the content of the relevant sections of the Special Part of the Criminal Code of Ukraine and their articles.