HOSTAGE TAKING AS AN ENCROACHMENT ON THE WILL, HONOR AND DIGNITY OF A PERSON: CRIMINAL-LEGAL ASPECT

Abstract

This article examines the criminal law analysis of hostage-taking, which constitutes a socially dangerous act that infringes upon an individual’s freedom, honor, and dignity. In the course of this study, the content of the object and the objective aspect of this criminal offense are explored, and its place within the system of crimes against an individual’s freedom, honor, and dignity is identified. The provisions of Ukrainian criminal law and scholarly approaches to interpreting the relevant norms are analyzed. Conclusions are drawn regarding the improvement of law enforcement practices and the enhancement of the effectiveness of criminal law measures against hostage-taking. Introduction. Hostage-taking is one of the most dangerous crimes, infringing not only on a person’s personal freedom but also on their honor and dignity. In today’s world, combating such crimes is a highly relevant issue, as it poses a serious threat to human rights guaranteed by the Constitution of Ukraine and international instruments.

The criminal law characterization of hostage-taking requires a thorough analysis, taking into account both national legislation and international experience, which allows for the identification of effective mechanisms to combat this crime. In this regard, the study of the specific features of classifying hostage-taking as an infringement upon a person’s freedom, honor, and dignity is an important area of contemporary legal scholarship. The purpose of this study is to conduct a comprehensive analysis of the criminal law classification of hostage-taking as an infringement upon an individual’s freedom, honor, and dignity. To identify the objective and subjective elements of this crime and the specific features of its classification. To formulate recommendations for improving Ukraine’s criminal legislation in this area. The study employed a combination of general scientific and specialized legal methods, including the dialectical, formal-legal, systemic-structural, and generalization methods, which enabled the clarification of the essence of hostage-taking as a socio-legal phenomenon, the analysis of the provisions of Ukraine’s criminal legislation, the identification of the elements of the crime, and the formulation of well-founded conclusions and proposals for improving legal regulation in this area.

The scientific novelty of this study lies in the fact that it substantiates an approach to treating the crime defined in Article 147 of the Criminal Code of Ukraine as a multi-object criminal offense that infringes not only upon personal liberty but also upon an individual’s free will, honor, and dignity. The study analyzes scientific approaches to defining the direct object of the crime and the criteria for distinguishing it from related criminal offenses, in particular, unlawful deprivation of liberty and the intentional killing of a hostage. The need for further comprehensive refinement of Article 147 of the Criminal Code of Ukraine is emphasized, taking into account international legal standards and the practice of its application.

The study identified the specific features of the criminal classification of the offense, including its distinction from related offenses. It also demonstrated the need to amend certain provisions of Ukraine’s criminal legislation in order to enhance the effectiveness of measures to combat such acts.

Conclusions and Prospects for Further Research. Summarizing the results of the study, issues regarding the classification of this crime have been identified, highlighting the need for further refinement of legislation and its application. Prospects for further research involve an in-depth analysis of distinguishing this crime from related offenses, as well as studying international experience in countering hostage-taking.