Open AccessPublic morality and morals as objects of state legal protection in Ukraine
Author(s) -
Oleh Yemets
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-1-182-189
Subject(s) - morality , legislator , object (grammar) , law , legislation , state (computer science) , legislature , political science , meaning (existential) , sociology , epistemology , philosophy , linguistics , algorithm , computer science
The purpose of the article is to define public morality and morals as objects of state legal protection in Ukraine. It is established that the concepts of “morality” and “morals” originated in ancient times. Attempts to reveal these terms have gone through a significant evolutionary path, what is reflected in the published thinkers’ opinions of different times. Nevertheless, discussions on their content continue to this day, indicating their indistinctness. In Ukraine, the term “public morality” is defined at the legislative level, but the object of criminal legal protection is morals. Thus, Section XII of the Criminal Code of Ukraine provides for liability for criminal offenses against morals. The absence of a legally defined concept of morals encourages scientists to interpret it independently. There is a viewpoint that the concepts of “morality” and “morals” are identical, what contradicts reality, in particular because they are both, although related, but exist separately and have their own history of origin and development, as well as marked with different shades in the process of use, including the legislator. It is argued that the concepts of “morality” and “morals” should not be equated and it is proposed to make certain changes to the current legislation to determine the meaning of the term “morals” as an object of state legal protection in Ukraine. This requires professional discussion. Taking into account to a certain extent the different views of scientists on the concept of public morality and morals, as well as the fact that morals is the object of criminal legal protection, but its meaning is not disclosed in any law, we propose to amend the legislation, what in particular provide for changing the name of the Law of Ukraine “On the Protection of Public Morality” to “On the Protection of Public Morality and Morals” , as well as to define the term “morals”. This concept should be understood as the internal attitude of a person to act in a certain way or refrain from specific actions guided by their own understanding of spiritual and cultural values, personal awareness of good and evil, honor and dignity, duties to society, conscience and justice. The obtained and published results of the research can be used by lawyers in carrying out activities to protect public morality and morals, as well as by scientists in conducting further intelligence in this area.