DISCUSSION ISSUES OF CRIMINAL LEGAL PROTECTION OF PROFESSIONAL ACTIVITY OF LAW ENFORCEMENT OFFICERS IN THE DRAFT CRIMINAL CODE OF UKRAINE

Abstract

The article examines the issues of criminal liability for intentional murder (causing death), causing harm to the health of a law enforcement officer in connection with the performance of his official duties, and also a deliberate destruction or damagement to his property, taking or holding a law enforcement officer as hostages in the draft of Criminal Code of Ukraine (draft CC) and identified controversial issues that need to be resolved. It has been established that in the draft CC the issue of criminal liability for causing harm to a law enforcement officer is not resolved through the articles of Chapter 9.7 “Crimes and criminal offences against the order of public management and the authority of the state” (Articles 9.7.3, 9.7.4, 9.7. 5 and 9.7.10) and Chapter 8.2 “Crimes and criminal offences against the promotion of justice and law enforcement agencies” (Articles 8.2.2, 8.2.3). This issue is resolved through the articles of other chapters of the Special Part of the draft of CC, in particular: Chapter 4.1 “Crimes against human life” (Art. 4.1.5), Chapter 4.2 “Crimes and criminal offences against human health” (Articles 4.2.6–4.2.8), Chapter 4.3 “Crimes against the mental and physical security of a person” (Articles 4.3.1, 4.3.2), Chapter 4.4 “Crimes against the personal freedom and dignity of a person” (Art. 4.4.5) , Chapter 7.1 “Crimes and criminal offences against the ownership of things” (Art. 7.1.7). For the results of a comparative analysis of Art. 345, 347, 348, 349 of the current Criminal Code of Ukraine with Art. 4.1.5, 4.1.6, 4.2.6–4.2.8, 4.4.5, 7.1.7 of the draft new CC, it is established that the draft CC for the most part provides for increased criminal liability for similar crimes. It is alleged that the draft CC unreasonably establishes a less severe punishment for similar actions, the responsibility for which is provided for in Part 3 of Art. 345, Part 2 of Art. 347, Art. 349 of the current Criminal Code of Ukraine. The expediency of fixing in the draft CC as signs that increase the severity of the crime, such signs as: “causing serious harm to the health of a person in connection with the performance of official duties in the past”, “committing a crime with the methods dangerous for the lives of many people” is substantiated. The further directions of research of a question of criminal and legal protection of professional activity of employees of law enforcement agencies in the draft of the CC are defined.