Historical and legal excursion of formation and development of the legislation of Ukraine in the field of protection of public morality.
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 2, Issue 1
Abstract
The article analyzes the changes in legislation and legal practice concerning the development of Ukrainian legislation in the field of protection of public morality at various historical stages. The analysis of the past generations has made it possible to outline the tendencies of the state’s influence on the development of the moral principles of society, the development of legal mechanisms for their protection, and the establishment of liability for offenses in the aforementioned sphere. The peculiarities of formation of legislative bases of development and prospects of improvement of legal protection of public morality are determined. Five contingency periods of development of legislation and legal practice in the field of public morals protection, each of which are subjected to detailed scientific analysis, are allocated. Іn the period of the establishment and development of the state and the right of Kyivan Rus, purely immoral acts were identified with acts contrary to certain church canons or rules of family coexistence (idolatry, sorcery, sacrilege, heresy and blasphemy, as well as violation of church sanctuaries). During the period of feudal fragmentation and the Lithuanian-Polish period, there is a gradual criminalization of acts that were not considered at all during the previous era of offenses (for example, responsibility for physical encroachment, verbal image or humiliation of parents was introduced). For the "imperial" period (the time of Ukrainian lands in the composition of the Russian and Austro-Hungarian empires) is characteristic: firstly, the establishment until the middle of the XIX century. the prohibition of encroachments on the morality of society of various kinds by decrees, military statutes and other normative-legal acts, which simultaneously contained norms of various branches of legislation; secondly, focusing on dangerous manifestations in the field of sexual relations; thirdly, the adoption of the Penal Code criminal and corrective in 1845, which included an independent chapter on crimes against social morality; fourthly, the decriminalization of certain acts (for prostitution) with the adoption of the Statute of Penalties imposed by world justices in 1864. In the "Soviet" period, the ideology of "socialist morality" is formed and the division of immoral misconduct into criminal and administrative. «Modern period» (from the beginning of the existence of independent Ukraine (1991) and till now) – is characterized, on the one hand, by the separation in the Criminal Code of morality as an independent object of criminal-legal protection and the adoption of the Law of Ukraine «On the Protection of Public Morality», on the other – Uncertainty is still a strategic vector for ensuring the moral foundations of society, the institution responsible for it, and ignoring the application of the potential of administrative and legal means of protecting public morality in Ukraine. Significant influence on the development of legal principles for the protection of public morals in any historical period was made by its dependence on the peculiarities of the state system, the form of government and regime that prevail in the country. At the same time, the defining factor on which the state of public morality depended were the limits of state intervention in this sphere.
Authors and Affiliations
О. В. Захарова
Keywords
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