Publication date: 05.06.2024
Lawyer
The issue of legal responsibility for public calls for the overthrow of the constitutional order
Consultation of a lawyer
Consultation of a lawyer on issues of responsibility for public calls for the overthrow of the constitutional order is necessary to understand the legal consequences of such actions. The main purpose of the consultation is to inform citizens about what actions can be regarded as calls for the overthrow of the constitutional order, and what sanctions are provided for by law.
Analysis of documents
The analysis of documents that regulate responsibility for public calls for the overthrow of the constitutional system includes the study of the constitution, the criminal code and other normative legal acts. In Ukraine, the main documents regulating these issues are the Constitution of Ukraine and the Criminal Code of Ukraine.
The Constitution of Ukraine also enshrines the principles of the inviolability of the constitutional system and the territorial integrity of the state. The article of the Constitution defines that Ukraine is a republic in which the people are the bearer of sovereignty and the only source of power. No part of the people, no person or group of persons can usurp power.
Legal opinion
The legal opinion on public calls for the overthrow of the constitutional system is based on the analysis of legislation and judicial practice. The main criteria for evaluating such actions are:
Availability of publicity: Calls must be made in a public place or through mass media, social networks, etc.
Violent nature: Calls must contain signs of violence or coercion aimed at overthrowing the constitutional order.
Threat to national security: Actions that undermine the foundations of state power and the constitutional order pose a threat to national security.
On the basis of these criteria, it can be concluded that actions that correspond to the specified characteristics are subject to criminal liability.
Legal opinion of a lawyer
A lawyer's legal opinion on responsibility for public calls for the overthrow of the constitutional system includes an assessment of a specific situation and determination of the degree of guilt of a person. A lawyer must take into account all the circumstances of the case, including the motives, the context of the statements, their impact on society and other factors.
Impact on society: Did the statements have a real impact on society or could they cause specific actions on the part of others?
On the basis of such an analysis, the lawyer can make a legal conclusion regarding the expediency of applying criminal liability to the client or the possibility of applying milder sanctions.
Conclusion
Legal responsibility for public calls for the overthrow of the constitutional order is a serious offense that entails severe sanctions. Legal advice and a lawyer's legal opinion in these matters are crucial to ensuring compliance with the law and protecting the rights of those involved in such cases. The analysis of documents and court practice allows us to conclude that public calls for the violent overthrow of the constitutional order pose a threat to national security and are subject to criminal prosecution.
