EXPERIENCE OF INDIVIDUAL POST-SOVIET COUNTRIES IN THE FIELD OF CRIMINAL LAW PROTECTION OF PROFESSIONAL ACTIVITIES OF LAW ENFORCEMENT OFFICERS
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article analyzes the experience of the post-Soviet countries in the field of criminal law protection of the professional activities of law enforcement officers, proposes its harmonization with domestic law-making and law enforcement. It is established that in the majority of post-Soviet countries, the sphere of criminal law protection of professional activity of law enforcement officers is characterized by the presence of an image of a representative of the government. The honor and dignity of a government representative in the form of criminal liability for public image or slander are protected by criminal law in countries such as the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Lithuania, the Republic of Estonia, the Republic of Tajikistan and the Republic of Turkmenistan. Disobedience in certain circumstances is recognized as a crime. Taking into account the domestic socio-economic and political conditions, the presence of Art. 185 KUpAP is not always (and in fact almost never) a guarantee of the legal requirement of a policeman. The obstruction of the prosecutor's activity and failure to comply with his legitimate requirements is more a disadvantage than the achievement of the Kazakh legislator, since under the pressure of the scientific community on October 14, 2014, a similar article from the domestic criminal law was excluded. Fourthly, violent crimes against the authorities as special victims are almost entirely consistent with the general articles on crimes against human life and health, with the difference only in more severe forms and penalties. It follows that if a criminal law protects an ordinary citizen, then the representative of the authorities in connection with or in the performance of professional duties should be protected more to the extent that we have here. It is proved that the punishment for encroachment on the professional activities of the authorities should also be varied from fines to imprisonment. It should be actively sanctioned st.st. 342, 343, 345, 347-349 of the Criminal Code of Ukraine to impose penalties not connected with imprisonment. The most important thing – the question of the appropriateness of criminalization in Ukraine, the image of a representative of the government is attributed to the perspective directions of further research.
Authors and Affiliations
Олег Олександрович Кирбят’єв
Keywords
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