General Characteristics of Criminal Offences Against Freedom, Honour and Dignity

The article is devoted to the analysis of criminal offences against the will, honour and dignity of a person in the context of modern Ukrainian legislation. The author highlights how the legal regulation of these categories has historically transformed, which has a significant impact on the interpretation and application of criminal law in modern conditions. The author examines the twofold interpretation of the object of criminal offences – both social relations protecting personal freedom, honour and dignity, and the values themselves as such. In particular, the article focuses on the lack of effective protection of honour and dignity through criminal law, which is confirmed by the decriminalisation of libel and insult. The article also discusses the correspondence between the title and content of Section III of the Special Part of the Criminal Code of Ukraine, where criminal offences do not always reflect honour and dignity as direct objects of criminal liability. This discussion provides the basis for recommendations for improving the legislation based on the needs of modern society and international human rights standards. The terms “will” and “freedom”, their meaning and application in criminal law are separately considered, including proposals to replace the concept of “will” with “freedom” to ensure a more accurate reflection of legislative intentions. The objective aspect of such offences, including illegal deprivation of liberty, abduction, enforced disappearance, child substitution and exploitation, is examined. The authors examine how these acts are qualified depending on the method, consequences and specifics of the restriction of freedom, honour or dignity. Particular attention is paid to the subjective side, which includes the direct intent of the perpetrator and the motives that affect the nature of the offence. In conclusion, the author notes that criminal law protection of freedom, honour and dignity of a person requires not only improvement of legislation, but also ensuring its compliance with international standards. The author suggests ways to improve the effectiveness of law enforcement by clarifying the qualifying features and improving legal mechanisms. Keywords: will, honour, dignity, freedom, person, criminal offence, corpus delicti, responsibility