Crimes against the will, honor, and dignity of a person during martial law: problems and conflicts
Year: 2026
Type: article
Abstract: The article is devoted to problematic issues related to crimes against the will, honor, and dignity of a person, in particular, criminal law protection in conditions of martial law. The legitimacy and limits of the activities of Territorial (Regional) Centre for Recruitment and Social Security (TCRSS/RCRSS) during the implementation of mobilization measures are analyzed. The study pays particular attention to the classification of crimes under Section III of the Special Part of the Criminal Code of Ukraine (hereinafter referred to as the CC of Ukraine), which covers crimes against the will, honor, and dignity of a person (Articles 146–151-2). This category includes crimes such as unlawful deprivation of liberty, kidnapping, human trafficking, death threats, and other violations of personal inviolability and moral rights of the individual. In particular, the study focuses on Articles 146–146-1 of the CC of Ukraine. In the context of military aggression by the Russian Federation and the introduction of martial law in Ukraine in accordance with the Law of Ukraine “On the Approval of the Decree of the President of Ukraine ”On the Introduction of Martial Law in Ukraine» dated February 24, 2022, No. 2102-IX [1], it is necessary to examine the limits of permissible restrictions on the personal freedom of citizens, in particular during the delivery of persons to the TCRSS/RCRSS, their detention in the premises of the relevant authorities. Thus, it is necessary to analyze possible manifestations of unlawful deprivation of liberty and kidnapping, as provided for in Articles 146–146-1 of the Criminal Code of Ukraine. The article also analyzes typical situations in which measures of compulsory delivery of citizens, their actual detention, or restriction of their ability to freely leave the premises of the TCRSS/RCRSS may constitute crimes under Articles 146 and 146-1 of the Criminal Code of Ukraine. It examines conflicts in legislation, gaps in the regulatory framework governing the activities of the TCRSS/RCRSS, and typical violations of citizens’ rights that are recorded in practice. Based on the results of the study, proposals were formulated to improve the regulatory framework governing the activities of the TCRSS/RCRSS, increase legal certainty in the application of coercive measures, and develop uniform approaches to the classification of possible abuses of official authority. The need to strengthen guarantees for the protection of personal freedom, honor, and dignity, even under martial law, which is an integral feature of a democratic and legal state, was substantiated.
Authors: L.V. Fursal, V.S. Shevchenko
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7144129645