Trespass against basic moral principles and values in the spiritual and cultural life of society (Articles 297, 298, 299 and 300 of the Criminal Code of Ukraine)


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ANNOTATION. The paper considers encroachment on basic moral principles and values in the spiritual and cultural life of society. There are some crimes analyzed and provided for in Section 12 of the Criminal Code of Ukraine regarding the protection of moral in the spiritual and cultural life of society.
KEYWORDS. Crimes against morality, desecration of graves, protecting animals from cruelty. Settings made by the legislator of Ukraine are criminally liable for criminal assault on morality (Articles 297 – 304 of Section XII of the Criminal Code of Ukraine). It indicates a high degree of social danger of the specified type of criminal trespass.
According toDenisov, “crimes against morality are diverse in the degree of social danger, which was expression in a sanction imposed for their commission” [1, 27]. Quite difficult for criminal law analysis is the concept of “culture”. Many scientific publications and works were made on investigation of cultural problems.These issues were engaged in cultural studies, sociology, ethics, aesthetics, philosophy and other sciences. In science, there are many definitions of “culture”. In particular, culture is defined as totality of material and spiritual values produced by humanity; specific way of human life, is represented in the product of material and spiritual work; way of human development of the world; sphere formation, development socialization human in the natural and social environment [2, 326]. V. Lomako explored the crime of desecration of graves, the responsibility for which is provided in Art. 297 Criminal Code of Ukraine. He indicated that social danger of the crime is that the actions that constitute it are flagrantly violating social relations that provide generally accepted moral principles and religious traditions provisions on the burial of the dead and expression of respect for the memory of the deceased and Ashes ”[3; 548]. N. Gorbconsided the problem of criminalization of desecration, and made an estimate compliance with the criminalization of acts under Art. 297of the Criminal Code of Ukraine. The bases are as follows:
1. negative dynamics of vandalizing a grave;
2. objective necessity of criminal – legal protection of public morals in respect unto the dead and their places of burial;
3. the need for the criminal – legal guarantees of protection of constitutional rights [4, 83]. N. Gorb proves that the grave abuses a sufficient level of social danger for the criminalization of acts that qualify desecration of the grave. According to according to S. Yatsenko, V. Navrotsky and B. Lomako, social danger of destroying, demolition or damage monuments – cultural heritage objects, unauthorized prospecting for archaeological monumentimpinge on the established order handling attractions – objects of cultural heritage and archaeological monuments, and this negatively affects the national consciousness of the people and the basic principles of moral and spiritual life of society [5, 557]. The punishment for these actions are foreseen in Art. 298 of the Criminal Code of Ukraine
Article 298-1 of the Criminal Code of Ukraine “Destroying, damaging or concealing documents or unique documents National Fund” provides for criminal liability for acts that impinge on the established legal rules procedure in handling of documents or unique documents of the National Archival Fund.
The legally stipulated crime can harm the established normative legal acts of the order handling documents of cultural value thatare recognizedduring the relevant expertise and are subject to state registration and storage.It can affect the formation of national consciousness of the people of Ukraine and lead to a distortion of historical facts. Art. 299 Criminal Code of Ukraine provides for criminal penalties for cruelty to animals. This crime infringes on the moral foundations of social life in the sphere of animals. B. Nawrocki believes that the social danger of the act is that crueltyon animals may become a norm of conduct covers relations between individuals [6, 520]. The main objective evidence (Art. 299 of the Criminal Code of Ukraine) is also the subject of the crime that is presented in the form of animals. Thus, V.A. Lomakoconsiders any vertebrate animal, bird and other living creaturethat has a spine, brain and spinal cord, circulatory blood and nervous systems, regardless of their origin and where they live and purpose use. The law equally protects the animals kept at home, in zoos, farms, fur farms and the animals grown in agriculture, on the racetrack, in circuses, and that are in their natural environment. The only exceptions are rodents and other pests of agricultural, forest and hunting ground [7, 163]. The viewpoint of A. Landin is important because it says that this type of crime forms the basis for committing more serious crimes (cruelty towards people that can manifest itself in beatings, torture, torturing, bodily injury of varying severity, etc.) [8; 165].According to M. Skiteykina, in this case it is more about the manifestations of deviant behavior in the presence of individual predisposition to aggressive action. Symptomatically it indicates a dangerous deviation in the human psyche. In addition, this behavior is also contrary to the principles established in society human attitude to animals. Cruelty to animals violates the laws of Ukraine: “About protection of animals from cruelty” of 21.01.2006, “About Animal World”dated on 18/11/2012, “About the environmental Protection”dated on 18/11/2012, “On Sanitary and Epidemiological well-being of the populationin the wording” on 06/12/2012, “About protection of population against infectious diseases” on 05/12/2012.
As far as the definition of social danger of the offense of importation, manufacture or distribution of products that promote violence and cruelty (Art.300 Criminal Code of Ukraine) is concernded, it is worth mentioning the definition of S. Yatsenko, “social dangerousness action associated with the proliferation of works that propagandize violence and cruelty is that they distort the spiritual – moral values of society, exploiting a lack of spirit.This leads to degeneration of personality characterized by the harmful effects on the psyche, which is often the source of unearned enrichment guilty of a crime” [9, 472]. The analysis of objects of crimes against morality is provided in Section XII of the Criminal Code of Ukraine. It shows that their immediate objects are different because the crimes encroaching on various domains (aspects) of morality as their generic object with deformable spiritual and moral values of society put on lack of spirituality. There is degradation of the individual, which reduces the overall culture of society exerted a negative influence on the people’s minds, its psycho-physiological state, awaken instincts and inclinations.The process of forming a complete children is disrupted.There is negative influence on the moral, physical, psychological development and education of minors and others.
REFERENCES
1. Denisov, S.F., Kulik Y.S. Sanctions for crimes against morality / / State and Regions.: Avg.: Right. – 2004. Number 1. – P. 27.
2. Philosophy J.F. Nadolniy, F.P. Andrushchak, I.V. Boichenko. Philosophy / Nadolniy J.F., Andrushchak F.P., Boichenko I.V. etal.F. ed. J.F. Nadolniy. – K., 1999. – P. 326.
3. The Criminal Code of Ukraine: Science. – Practical Commentary / Y. V. Baulin, V.I. Borisov, S.B. Gavrish, et al.; Ed. V.V. Stashyna, V.Y. Tatciya. – K., 2003. – P.548.
4. Gorb N. O. Question improve the criminal law on liability for the desecration / / Bulletin of the Lviv Institute of Internal Affairs in Ukraine . Appendix (materials science. – Pract. Conf. “Criminal Code of Ukraine 2001 (problems, prospects and ways to improve the criminal law)”, 4, 5 April 2003). – 2003. – № 2. – P. 83.
5. Scientific – Practical Commentary of the Criminal Code of Ukraine / Ed. M.I. Miller, M.I. Havronyuk. – K. 2003. – P. 520.
6. V.A. Kopylyan Actual problems of fighting crime in Ukraine: Materials Science. – Practice. Seminar (21 March 2008), Dnipropetrovsk State University of Internal Affairs. D. Dnieper. State. University. The Interior, 2008. – P.163.
7. Landina A.V. Morality as an object of criminal – legal protection / / Journal of Law and law enforcement activity. / A.V. Landina. – 2003 – № 3. – P. 165.
8. Scientific and Practical Commentary to the Criminal Code of Ukraine: As legislation and decisions of the Plenum of the Supreme Court on December 1, 2001 / ed. S.S. Yatsenko. – K. 2002. – P. 472.

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