Burned the flag or desecrated the coat of arms: when disrespecting the state symbols of Ukraine threatens imprisonment
State symbols are among the main signs of an independent and sovereign state, embodying its history, traditions, national identity, and statehood. They reflect the centuries-old path of the Ukrainian people, their struggle for freedom, the right to self-determination, and their own state.
According to Article 20 of the Constitution of Ukraine, the state symbols of Ukraine are the flag, coat of arms, and anthem of Ukraine.
In the conditions of a full-scale war, state symbols have acquired special significance for society. They have become not only official symbols of the state but also embodiments of resilience, courage, unity, and the indomitability of the Ukrainian people. Today, the Ukrainian flag, coat of arms, and anthem are symbols of the fight for freedom and independence, recognized and supported in various parts of the world.
Respectful attitude towards state symbols is a manifestation of respect for Ukraine, its citizens, as well as for servicemen who defend the state sovereignty and territorial integrity of the country.
According to Article 65 of the Constitution of Ukraine, respect for state symbols is the duty of every citizen of Ukraine.
Public desecration of the flag of Ukraine, coat of arms, or anthem is subject to criminal liability under the law.
According to Article 338 of the Criminal Code of Ukraine, public desecration of state symbols entails criminal liability. Such actions are punishable by a fine ranging from one to four thousand non-taxable minimum incomes of citizens, probation supervision for up to three years, or imprisonment for the same term.
Desecration of state symbols may include various actions aimed at disrespecting or humiliating them. In particular, this may be public damage or destruction of the flag or coat of arms by burning, breaking, spoiling, applying offensive inscriptions, as well as mocking or humiliating use of the state coat of arms or anthem.
An essential feature of such an offense is its public nature, the Ministry of Justice noted. At the same time, actions may be committed openly or secretly if they later become known to an indefinite circle of persons. The place where such actions are committed does not affect the legal qualification of the offense.
According to Article 13 of the Criminal Code of Ukraine, a criminal offense is considered completed if the committed act contains all the features of the corresponding crime provided by law.
At the same time, criminal law distinguishes incomplete forms of criminal offenses. These include preparation for committing a crime and an attempt to commit it.
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