Distinguishing Crimes against Morality and Freedom of Religion from Related Elements of Crimes in the Criminal Legislation of Ukraine

Abstract

The article is devoted to the study of the issue related to the qualification and distinction of crimes against morality and freedom of religion from related crimes elements of in the criminal legislation of Ukraine. The Law on Criminal Liability (Criminal Code of Ukraine) contains a number of crimes that can be related to the crime provided for in Article 178 “Damage of religious buildings or houses of worship” and 179 “Illegal retention, desecration, or destruction of religious sanctities” of the Criminal Code of Ukraine. At the same time, the ratio of adjacent elements of crimes should be distinguished from the competition of general and special norms. As part of the study, a detailed analysis of the signs established in the criminal law, in the presence of which a socially dangerous act is recognized as a crime against morality and religion in Ukrainian legislation, was conducted. By investigating objective and subjective signs, the author differentiates the elements of crimes provided for in Articles 178 and 179 of the Criminal Code of Ukraine from the elements of crimes provided for in Article 161 “Violation of equality of citizens depending on their race, nationality, regional affiliation, religious beliefs, disability, and other grounds”, 180 “Preclusion of religious ceremonies”, 297 “Violation of graves, any other burial place, or a corpse”, 298 “Illegal conduct of search works on the archaeological heritage site, devastation, destruction, or damage to cultural heritage sites” of the Criminal Code of Ukraine.