Grounds for criminalizing a public insult to Ukrainian language

• Published in: Аналітично-порівняльне правознавство no. 3; pp. 163 - 167
• Main Author: Kuznetsov, Vitalii V.
• Format: Journal Article
• Language: English
• Published: 20-02-2022
• ISSN: 2788-6018; 2788-6018
• DOI: 10.24144/2788-6018.2021.03.30

The article examines the issue of a long-term reform of criminal legislation on the criminalization of public insult to the Ukrainian language. It is established that this issue has not been studied in the criminal law theory, and, therefore, requires independent study. The actualization of this issue is connected with the draft laws prepared by the People's Deputies of Ukraine: "On Amendments to Certain Legislative Acts of Ukraine" (on the introduction of criminal liability for insulting the state language and languages ​​of national minorities of Ukraine) (№ 8031 Amendments to Certain Legislative Acts of Ukraine ”(concerning the introduction of criminal liability for insulting the state language and languages ​​of national minorities of Ukraine) (№ 8092 of 09.02.2011),“ On ensuring the functioning of the Ukrainian language as the state language ”(№ 5670-d of 09.06.2017), “On Amendments to the Criminal Code of Ukraine on the Protection of the Ukrainian Language as the State Language” (№ 5670 of June 17, 2021). The authors of the bills assumed that the grounds for such an act criminalizing had been the socio-political situation in Ukraine and, therefore, they determined the need for criminal and legal protection of the Ukrainian language as the state language. The use of comparative, historical and legal research methods allowed us to conclude that the national approach to criminalizing such actions is unique.
The article analyzes the relevant bills and explanatory notes to them, examines the conclusions of experts and, hence, the author's conclusions on the prospects of criminalization of such actions have been made. It was stated that the construction of the model composition of a criminal offense does not comply with the principle of "legal certainty" and needs significant refinement after conducting a criminological study and determining the objective grounds for criminalization of such actions. It is proposed to take into account regulatory legislation when criminalizing such actions (liability should apply only to entities with statutory responsibilities; the scope of certain prohibitions is determined by the responsibilities of such entities) and the provisions of criminal law doctrine (modus operandi in the system of the Special Part of the Criminal Code depends on the object of encroachment; criminalization of the act should not create privileges for criminal protection of one of the languages; criminalization of the act must comply with the principles of the law on criminal liability in space).