The quintessence of protecting the honor and dignity of a National Police officer
Abstract
The article examines a topical issue related to the protection of the police officers’ honor and dignity. It has been comprehensively analyzed the objects of legal protection, namely the concepts of “honor” and “dignity”, in order to determine what exactly is being infringed upon. In addition, the article examines the legal act that previously regulated the issue of liability for violation of the honor and dignity of police officers, but today the relevant provision, which was previously contained in the Criminal Code of Ukraine, has been excluded.
In order to confirm the absence of legislative consolidation of liability for violation of the right to honor and dignity of a police officer, the author has studied two legal acts, namely the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses. As a result of the analysis, neither elements of a crime nor elements of an administrative offense have been identified that would establish liability for violation of the right to honor and dignity of a police officer. However, it has been stated that such an act is an offense and cannot be avoided. This is a significant gap in the law. The latest confirmation of the absence of liability is a court decision. The court highlighted that police officers have appropriate guarantees of their activities from the state and support, so such actions, which are manifested in violation of the right to respect for the honor and dignity of a police officer, do not violate their rights, but are aimed at the interests of the state. It has also been established that there was a legislative initiative to recognize the violation of the right to honor and dignity of a police officer as an offense and to make appropriate amendments to the Code of Ukraine on Administrative Offenses, but it did not come into force. Therefore, it has been proposed to develop a separate mechanism for judicial protection of the right to respect for the honor and dignity of a police officer or to recognize such an act as socially dangerous or socially harmful with appropriate amendments to legislative acts.
Downloads
References
Corey, D., & Honig, A. (2010, January 30). Police Psychology. Wiley Online Library. https://doi.org/10.1002/9780470479216.corpsy0692.
Dzera, O. V., Kuznetsova, N. S., & Luts, V. V. (Eds.). (2008). Scientific and practical commentary on the Civil Code of Ukraine (Vol. 1). Yurinkom Inter.
Glensy, R. D. (2011). The Right to Dignity. Columbia Human Rights Law Review, 43, 65-142.
Hizhevskyi, V. K., Holovchenko, V. S. et al. (2003). Popular legal encyclopedia. Yurinkom Inter.
Hryshchuk, O. V. (2007). Human dignity in law: philosophical problems. Lviv State University of Internal Affairs.
Kravchuk, M. V. (2002). Theory of state and law. Problems of the theory of state and law. Carte blanche.
Loviak, O. O., & Tytko, A. V. (2013, December 5). Some aspects of the activities of the police of Ukraine on the protection of the human right to a secure information space [Conference presentation abstract]. All-Ukrainian Scientific and Practical Conference “Problematic issues of the state of observance of human rights protection in Ukraine”, Kyiv, Ukraine.
Melnyk, M. I., & Klymenko, V. A. (2009). Criminal law of Ukraine. A special part. Attica.
Montolio, D., & Planells-Struse, S. (2015, December 28). Police Patrol. Wiley Online Library. https://onlinelibrary.wiley.com/doi/10.1002/9781118519639.wbecpx195.
Nhan, J. (2014, January 22). Police Culture. Wiley Online Library. https://doi.org/10.1002/9781118517383.wbeccj371.
Pidhorodynskyi, V. M. (2009). The concept of honor and dignity of a person. Bulletin of the Prosecutor’s Office, 10, 88-94.
Rabinovych, P. M. (1997). The right of a person and a citizen in the Constitution of Ukraine (to the interpretation of the original constitutional provisions). Right.
Rozvadovskyi, V. I. (2018, October 19-20). Human dignity as a constitutional value and principle of the rule of law [Conference presentation abstract]. Scientific and Practical Conference “Human dignity and human rights as the basis of the constitutional system of the state”, Khmelnytskyi, Ukraine.
Saprykina, I. V. (2006). Protection of honor, dignity, business reputation of an individual under the laws of Ukraine [Candidate thesis, Taras Shevchenko Kyiv National University].
Shtachenko, M. O. (2018, October 19-20). Human dignity as a source of constitutional rights standards [Conference presentation abstract]. Scientific and Practical Conference “Human dignity and human rights as the basis of the constitutional system of the state”, Khmelnytskyi, Ukraine.
Stashys, V. V., & Tatsii, V. Ya. (2010). Criminal law of Ukraine. A Special part. Right.
Streltsov, Ye. L. (2009). Criminal law of Ukraine. A Special part. Odysseus.
Tsvik, M. V., Petryshyn, O. V., Avramenko, L. V. et al. (2009). General theory of state and law. Right.
Copyright (c) 2023 S. H. Pevko
This work is licensed under a Creative Commons Attribution 4.0 International License.
