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Publication date: 28.05.2024
Lawyer
The martial law introduced in Ukraine in connection with the large-scale armed aggression of the Russian Federation increased the level of patriotism and respect for the Armed Forces of Ukraine. At the same time, there are not isolated cases of insults to the honor and dignity of servicemen by individuals. This is unacceptable, because it undermines the authority of the army and harms the moral and psychological state of the defenders of the Motherland. In this article, we will consider the legal mechanisms of responsibility for such offenses.
Legal basis
Responsibility for insulting the honor and dignity of servicemen is provided for by both civil and criminal legislation of Ukraine.
In particular, the articles of the Civil Code of Ukraine regulate the right of an individual to inviolability of his honor and dignity, as well as establish the procedure for protecting civil rights and interests in the event of their violation.
In addition, articles of the Criminal Code of Ukraine provide for criminal liability for insulting the grave, other burial place or the body of the deceased, as well as insulting the feelings of citizens in connection with abusive treatment of the bodies of the deceased or their burial places.
Consultation of a lawyer / lawyer's consultation
In connection with the complexity of the legal regulation of issues of protection of honor and dignity, it is recommended to consult a qualified lawyer. The specialist will be able to conduct an analysis of documents related to a specific case, provide a legal opinion on the existence of grounds for prosecution for insulting military personnel.
The lawyer's legal opinion can become the basis for further actions, in particular:
- Appeal to the court with a claim for protection of honor and dignity;
- Initiation of criminal proceedings based on the fact of offending the feelings of citizens in connection with abusive treatment of fallen servicemen or their burial places;
- Complaining of illegal actions or inaction of officials, institutions and organizations that led to the violation of the rights of servicemen.
Civil and legal responsibility
According to civil legislation, a serviceman whose honor and dignity have been violated has the right to demand:
- Refutation of unreliable information that degrades his honor and dignity;
- Compensation for moral damage caused by an insult;
- A public apology from the person who spread false information or offensive statements.
The amount of compensation for moral damage is determined by the court depending on the severity of the offense, the degree of guilt of the offender and other circumstances of the case.
Criminal liability
In cases where the insult to the honor and dignity of military personnel takes on particularly cynical forms and is carried out with the aim of degrading their authority and respect for the deceased defenders of Ukraine, it is possible to bring the guilty persons to criminal liability under the Criminal Code of Ukraine.
Such actions are punishable by a fine, arrest or restriction of freedom. Qualifying circumstances aggravating the punishment are the commission of a crime motivated by racial, national or religious intolerance, as well as the repeated commission of these actions.
Conclusions
Protecting the honor and dignity of servicemen is one of the key tasks on the way to strengthening the defense capability of our country and raising the authority of the Armed Forces of Ukraine. Consulting a lawyer, analyzing documents and obtaining a lawyer's legal opinion will help defend the rights and legitimate interests of defenders of the Motherland in case of an insult to their honor and dignity.
The state must take all necessary measures to ensure the inevitability of legal responsibility for offenses against the honor and dignity of military personnel, especially in the conditions of martial law.
