Criminal liability for humiliation of honor and dignity

The emergence of responsibility for the humiliation of honor and dignity in Ukraine is inevitable because any person must apply to the court with a demand to stop such illegal actions on the part of the offender.

In this case, civil liability for the person will follow. However, is there criminal liability in Ukraine for humiliating honor and dignity?

Lawyers from the law firm “Prikhodko and Partners” will help to understand this issue.

What is the main reason for this problem?

For now, the Special part of KKU in section III “Criminal offenses against the will, honor and dignity of a person” does not contain any components of offenses for which honor and dignity would be the main direct object.

This is explained by the fact that there was a reception in the recent 1960s then Art. 125 of the Civil Code, which provided for criminal liability for defamation, that is, spreading false information about a person that humiliated or shamed him.

And also Art. 126 of the Criminal Code, which provided for criminal liability for expressing an insult in an obscene manner that humiliated the honor and dignity of a person.

For the commission of these crimes, responsibility could come in the form of paying a fine, announcing a public reprimand, sending a person to correctional work, or even imprisoning a citizen.

However, the aforementioned acts were decriminalized with the adoption of the new Criminal Code in 2001. However, since that moment, proposals have been repeatedly submitted to the CCU regarding the return of criminal liability for insult and defamation in the context of assault for the honor and dignity of the person.

These proposals were put into practice in 2014 when the CCU was supplemented by Art. 151-1 “Defamation”, which provided for responsibility for the dissemination of knowingly false information about a person that humiliated and disgraced his honor and dignity.

Nevertheless, this norm was never able to obtain real judicial practice, since on February 23, 2014, the acts that provided for the composition of the crime under Art. 151-1 “Defamation” were decriminalized.

Thus, criminal responsibility for insulting honor and dignity established at the legislative level does not exist in Ukraine today. Also, there is no administrative responsibility for the specified actions.

What to do if your honor and dignity have been humiliated?

The only way of protection that allows to restoration of the violated rights of a citizen by other natural and legal persons is to apply to the judicial authorities with a claim for refutation of false information that degrades the honor and dignity of a person precisely in the order of civil proceedings.

It is also possible to require the offender to compensate for material and non-pecuniary damage caused by spreading false information, but it is necessary to provide appropriate evidence confirming the occurrence of any damage in practice.

If you have any questions about liability for insulting the honor and dignity of a person, then you should contact lawyers from of the legal company “Prikhodko and Partners”.

Our team will help you understand this complex issue, and will also always protect your legitimate interests when they are violated by others. Do not delay and contact us!