THE ETYMOLOGY OF THE CONCEPT OF "DESECRATION" IN CRIMINAL LAW OF UKRAINE

The article examines the etymological origins of the concept of "desecration" in Ukrainian criminal law. The author points out that a thorough and comprehensive study of any criminal law phenomenon requires a study of its etymological origins. Such a study contributes to the accumulation of knowledge about the essence of the phenomenon as such and its use/application depending on the democratic and legal values of humanity at each subsequent stage of its development. Currently, the concept of "desecration" is used in criminal law in two articles of the Criminal Code of Ukraine – article 297 "Desecration of a grave, other burial place or the body of the deceased" and article 338 "Desecration of state symbols". At the same time, the Criminal Code of Ukraine does not specify which acts should be considered criminal offences. Having examined the definitions of the concept of "desecration" available in dictionaries, the author concludes that they do not fully correspond to the acts that constitute the objective side of criminal offences, a characteristic of which is "desecration". The concept of "desecration" itself has a considerable number of synonyms, but none of them is able to fully cover the acts included in the concept of "desecration". The author also comes to the conclusion that the use of the term "defilement" in the title and provisions of the criminal offence under Article 297 of the Criminal Code of Ukraine is more dictionaries of the Ukrainian language and the actions which constitute the objective side of the criminal offence under Article 297 of the Criminal Code of Ukraine and the actions which are regulated by the Law of Ukraine "On Funeral and Burial Business". As for the use of the concept of "contempt/disrespect" in the title and provisions of the criminal offence under Article 338 of the Criminal Code of Ukraine, the author concludes that it is appropriate to use this concept, since the concept of "contempt" is the opposite in meaning to the concept of "respect", and the Constitution of Ukraine establishes the obligation of citizens to show honour to the state symbols of Ukraine, i.e. to respect them.