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ANNOTATION. This paper analyzes the concept of crimes against morality in the criminal legislation of Ukraine and gives the general characteristics of it. The basic definition of morality under the current legislation of Ukraine and the doctrine of criminal lawis provided.
KEYWORDS. Morality, public morality, public morals.
The fight against the crime, including crimes against morality, is one of the areas of domestic policy of Ukraine. Such activities of public authorities are aimed at protecting the legitimate rights, freedoms, and interests. According to the scholars, combating crimes against morality is one of the priorities of the national domestic policy with regard to what is the spread of negative processes in the spiritual realm, deformation of the moral foundations of society [1, 6].
It is believed that the Criminal Code of Ukraine (hereinafter – CCU) 2001 determined responsibility for offenses against public order and morality in a separate chapter XII. The positive notion is the adoption a number of legal acts: by the Parliament of Ukraine. These are the Law of Ukraine “Protection of Cultural Heritage” dated on June 8, 2000; the Law of Ukraine on July 10, 2003, “The funeral and burial business”;“Protection of public morals” on November 20, 2003;”Protection of the Archaeological Heritage” on March 18, 2004; “Protection of animals from cruelty” on February 21, 2006. The plenum of the Supreme Court of Ukraine explained the controversial issue of the criminal law application. In fact,it concerns responsibility for crimes against public. order a of 16 April 2004 № 5 “in application of law on liability for involvement of minors in criminal or other antisocial activities “of February 27, 2004, № 2,” On judicial practice in cases of hooliganism “of 22 December 2006 № 10.nd morality. It is worth mentioning the Resolution of the Plenum of the Higher Specialized Court for Civil and Criminal Cases of Ukraine. The law “About the court practice of law in juvenile crimes in Ukraine”on April 16, 2004 order № 5 “On Application of the legislation on liability for involvement of minors in criminal or other antisocial activities” on February 27, 2004, № 2, “On judicial practice in cases of hooliganism” on December 22, 2006 number 10.
According to Part 2 of Art. 35of the Constitution of Ukraine, morality is defined as one of the social values protected by law [2, 160].
Under the Criminal Code of Ukraine, crimes against morality are relatedto wrongful acts provided in Articles 297 – 304 Section XII. These include, in particular, art. 297 “Desecration of graves”, art. 298 “The destruction, destruction or damage attractions – cultural heritage sites and unauthorized prospecting for archaeological monument”, art. 298 – 1 “Destroying, damaging or concealing documents or unique documents of the National Archival Fund”, art. 299 “Cruelty to animals”, art. 300 “The import, manufacture or distribution of works that propagandize violence and cruelty”, art. 301 “The import, manufacture, sale and distribution of pornographic materials”, p. 302 “Creating or running brothels and procuring”, p. 303 “Pimping or involving a person into prostitution”, art. 304 “Engaging minors in criminal activity.”
In most dictionaries of philosophical and linguistic direction the concept of “morality” is defined as a variety of forms of social consciousness, the system of beliefs and ideas, norms and values that govern human behavior; norms, principles, rules of behavior, and direct human behavior (individual motives, performance), feelings, opinions in human relationships [3, 89]. Morality is considered to be an ethical concept, which is synonymous with moralityin the broadest sense; characteristics of a special type of practical activity that is motivated by moral ideals, beliefs, norms and principles; compliance human behavior to norms of morality [3, 90].
In legal literature, “morality” is associated with “public morality” [4, 109]. Public morality is “a totality of social relations based on a system of universal values that define socially useful (positive) activities of persons and meet the prevailing standards of morality” [4, 8].
Public morality, according to S.F. Denisov, is “a totality of social relations based on a system of universal values that define the generally positive activities of the individual in society in the sphere of morality [5, 12].
Public morality, according O. Komarov and Y. Tkachevskiy, is a system of rules, regulations, ideas, customs, and traditions preferred in society. It reflects the views, ideas, and rules arisen in a direct reflection to the conditions of social life in the minds of people in the form of categories good and evil, honor, dignity, etc. [6, 349].
Public morality, according to A.Ryabchynska, is a system of social norms, principles, beliefs, and attitudes that arise as a direct reflection to the conditions of social life in the minds of people in the form of certain categories of regulating interpersonal communication and behavior in order to ensure the unity of the personal and collective interest [7, 7].
It should be noted that most researchers have studied the problem of separate crimes against morality, although a number of publications have been devoted to complex research of morality protection.
Some lawyers – scientists offer to classify crimes against morality by the direct object of each of these crimes. Specifically, V.A. Lomako offers to allocate the following areas:
1. encroachment on basic moral principles and values in the spiritual and cultural life of society (Article 297, 298.299 and 300 of the Criminal Code of Ukraine);
2. encroachment on the basic principles of morality in sexual relationships (Article 301.302 and 303 of the Criminal Code of Ukraine);
3. encroachment on the basic principles of morality in moral and physical development of minors (Part 2 of Art. 299, § § 2.3 c. 300, § § 2.3 c. 301, Part 3. 303, p . 304 of the Criminal Code of Ukraine) [8, 294].
A somewhat different opinion follows A. Landina to offer such a classification:
1. crimes against morality in the material and spiritual culture (Articles 297 – 300 of the Criminal Code of Ukraine);
2. crimes against morality in sexual relations (Articles 301 – 303 of the Criminal Code of Ukraine);
3. crimes against morality in the socialization of minors (Article 304 of the Criminal Code of Ukraine) [9, 197].
Generalized study of criminal cases deal with crimes against public order and morals, for the first half of 2010, and crimes against public order, and morality. It can be defined as deliberate socially dangerous encroachment on civil order in different areas of human life and the moral foundations of society taken under the protection of the law on criminal responsibility .
These areas were identified as already noted, on the basis of the direct object of each of the offenses against morality. Feature that characterizes the problems “morality” is that this category has not only criminal – legal load, but also ethical, philosophical, cultural and so on. According to A. Ryabchynska, public morality is a system of social norms (principles, beliefs, perceptions) that arises as a direct reflection on the conditions of social life in the minds of people in the form of certain categories, that regulate interpersonal communication and behavior in order to ensure the unity of the personal and collective interests [11, 7].
According to V. Navrotsky morality is the public relationships. They are formed to ensure that the human behavior is based on some rules in society. There are established practices of mutual respect, shyness distinguishing between social and intimate life aspects, and respect for property, profess. Most countries in their own criminal laws contain provisions that provide for liability for criminal acts in the area of public morality.
Thus, the concept of morality in science of criminal law is yet not clearly formed. Although it leads to a significant number of its interpretations by scientists criminologists, it is not always promotes correct understanding by law enforcement. The morality means the social relationships formed to ensure the respect of some people to others, shyness, respect for human values established in society. Its failure leads to a face public condemnation and cultural impact on the level and the spiritual development of its personality.
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10. Summary of the practice of criminal cases on crimes against public order and morality in the first half of 2010, published May 16, 2011, [electronic resource]. –Retrieved fromhttr :/ / bh.vn.court.gov.ua/sud0202/info/6925 /
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