The quintessence of protecting the honor and dignity of a National Police officer
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 a...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2023-03-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/665 |
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| author | S. H. Pevko |
| author_facet | S. H. Pevko |
| author_sort | S. H. Pevko |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-ea8953ac3b6842faa61df31cbf4d6853 |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2023-03-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-ea8953ac3b6842faa61df31cbf4d68532025-02-03T09:18:17ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332023-03-0188122423510.32631/pb.2023.1.20665The quintessence of protecting the honor and dignity of a National Police officerS. H. Pevko0Kharkiv National University of Internal AffairsThe 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.http://pb.univd.edu.ua/index.php/PB/article/view/665protectionhonordignitypolice officerpowers. |
| spellingShingle | S. H. Pevko The quintessence of protecting the honor and dignity of a National Police officer Law and Safety protection honor dignity police officer powers. |
| title | The quintessence of protecting the honor and dignity of a National Police officer |
| title_full | The quintessence of protecting the honor and dignity of a National Police officer |
| title_fullStr | The quintessence of protecting the honor and dignity of a National Police officer |
| title_full_unstemmed | The quintessence of protecting the honor and dignity of a National Police officer |
| title_short | The quintessence of protecting the honor and dignity of a National Police officer |
| title_sort | quintessence of protecting the honor and dignity of a national police officer |
| topic | protection honor dignity police officer powers. |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/665 |
| work_keys_str_mv | AT shpevko thequintessenceofprotectingthehonoranddignityofanationalpoliceofficer AT shpevko quintessenceofprotectingthehonoranddignityofanationalpoliceofficer |