The problem of determining the analyzed composition of article 4351 of the Criminal Code оf Ukraine «insult of honor and dignity of a serviceman, threat to a serviceman»

Abstract

Within the framework of this publication, the problem of defining the basic composition of the criminal offense provided for in Article 4351 of the Criminal Code, which was added to the code with the beginning of the Russian full-scale invasion, was considered. Criminally punishable under this norm is an insult to honor and dignity, a threat of murder, violence or destruction or damage to the property of a serviceman who carries out measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation, his close relatives or family members. The purpose of the work is to clearly define the composition provided for in Article 4351. to establish liability for offenders in the event of an insult to the honor and dignity of a serviceman or a threat to such a subject, especially in the conditions of martial law. The relevance of the study is due to the need to interpret similar norms. The article elaborates the aspect of the importance of distinguishing and understanding all elements of the composition within the limits of a specifically defined article. Formulations found within the CCU and how their interpretation directly affects Art. 4351 of the Criminal Code. The complexity of the definitions of certain concepts in the disposition of a certain article of the Criminal Code of Ukraine is emphasized, which can lead to the incorrect qualification of the actions of individuals and the establishment of wrongful responsibility. The return to the modern criminal legal conceptual apparatus of such a form of the objective side of the composition of a criminal offense as an insult to the honor and dignity of a serviceman, threats of murder, violence, destruction or damage to property is defined. Attention is drawn to the problem of defining the subject and the analysis of the subjective side. The establishment of the main direct and additional object is also emphasized. Attention is paid to the issue of law enforcement of the above-mentioned article in connection with its assignment to two bodies of pre-trial investigation, and proposals are made to change the legislation in this part. Other problems of legal regulation of this norm are identified, which complicate its application in practice.