Specific features of the protection of an individual’s freedom, honour and dignity under criminal law in Ukraine and current judicial practice regarding the application of the relevant provisions of criminal legislation are studied in this article. The provisions of criminal legislation and current judicial practice concerning the criminal offences set out in the Articles 146 and 147 of the Criminal Code of Ukraine are analysed. Particular attention has been paid to the issues of distinguishing between unlawful deprivation of liberty or abduction and hostage-taking, as well as to the legal meaning of the concepts of honour and dignity. The conclusion was made about the importance of consistency in judicial practice and an effective mechanism for the protection of human rights in the face of contemporary challenges. Freedom, honour and dignity are fundamental non-pecuniary rights of the individual and are guaranteed by the state. The relevance of this study is due to the need to improve law enforcement practice regarding criminal offences against a person’s freedom, honour and dignity, as well as the need to develop consistent approaches to their classification and judicial consideration. The aim of this study is to examine the criminal law protection of an individual’s freedom, honour and dignity in Ukraine, as well as to analyse current judicial practice regarding the application of the provisions set out in Section III of the Special Part of the Criminal Code of Ukraine. The methodological basis of the study is founded on the use of general scientific and specialised legal methods of inquiry, in particular the formal-legal, systemic, comparative-legal and logical-legal methods, as well as an analysis of the case law of the Supreme Court and the courts of first instance. Results. The legal nature of liberty, honour and dignity as objects of protection under criminal law has been examined. It has been established that the main distinguishing feature between unlawful deprivation of liberty or abduction and hostage-taking is the intent of the perpetrator. The content of the concepts of honour and dignity as independent legal categories subject to judicial protection has been clarified. The scientific significance of this study is related to a comprehensive analysis of current judicial practice regarding the classification of criminal offences against a person’s liberty, honour and dignity, as well as in the identification of criteria for distinguishing between the elements of the criminal offences provided for in the Articles 146 and 147 of the Criminal Code of Ukraine. The necessity of ensuring consistency in law enforcement practice is substantiated with a view to enhancing the effectiveness of criminal law protection of fundamental human rights. Conclusions. The rights to liberty, honour and dignity are fundamental human rights that are subject to special protection by the state. Effective protection of these rights is ensured through appropriate criminal law regulation and the establishment of consistent judicial practice. Raising the level of legal awareness within society and strict adherence to the principle of respect for human rights and freedoms are of vital importance in preventing infringements of these rights.
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Shevchenko et al. (2026) studied this question.
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