CRIMINAL LAW PROTECTION OF PERSON’S FREEDOM: PROBLEMS AND SOLUTIONS
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Abstract
This article is concerning on problems of criminal law protection of person's freedom in Ukraine. This social value is among the most suffered in our country from negative changes of violent and economic crimes dynamics and structure. On author's opinion, it is doubtful that legal remedy provided for this type of social relationship proves to be efficient enough.
Some controversial issues of Articles 146 and 147 of Criminal Code of Ukraine have been analyzed in this research. It is worth noting that these crimes (illegal deprivation of freedom, kidnapping and hostage taking) are almost indistinguishable between themselves (current legal differences and scientific points of view of this matter are quite doubtful to be considered trouble proof). Moreover, coverage of identical social relation categories – personal (physical) freedom and personal inviolability – by two very similar regulations resulting in additional challenges related to its differentiation.
Solutions in the scope of applicable legislation amending have been suggested in order to eliminate the controversy in law enforcement practice and establish the grounds for separation of these crimes. Firstly, it is necessary to classify hostage taking as different crime category (other generic object). Secondly, amendments to Article 146 of Criminal Code of Ukraine with the aim to divide it in two parts (with differentiation of crime commission methodology) have been offered.
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