ON THE ISSUE OF CRIMINALIZATION OF INHUMAN TREATMENT OR PUNISHMENT AND TREATMENT OR PUNISHMENT THAT DEGRADES HUMAN DIGNITY

The article identifies theoretical and practical determinants of criminalization of types of ill treatment. Articles 1,3,21 and 28 of the Constitution of Ukraine in their system interrelation are analyzed. These articles of the Constitution of Ukraine comply with international norms — the United Nation Convention against Torture and the practice of the European Court of Human Rights. The author notes about the need to improve Article 127 of the Criminal Code of Ukraine. The article propose the focus on the case law of the European Court of Human Rights, the UN Convention against Torture 1984, soft law acts of quasi-judicial institutions (Council of Europe, UN bodies), norms of special parts of the criminal codes of continental Europe, where there is a certain distinction and torture, inhuman and degrading treatment. The author distinguished between the concepts of «torture», «inhuman treatment or punishment», «treatment or punishment that degrades human dignity» through the prism of the decisions of the European Court of Human Rights in cases of violation of Article 3 of the Convention for the Protection of Fundamental Freedoms. Based on the analysis of Article 127 of the Criminal Code of Ukraine, the author identifies the following shortcomings: – the objective side does not contain «inaction» or «conscious inaction», – the absence of a special subject of the crime — an official, – the disadvantage of the subjective side — the lack of indirect intent and a special purpose that characterizes inhuman or degrading treatment. In this regard, the author to supplement a special part of the Criminal Code of Ukraine with a special provision of Article 127 for ill-treatment that has no signs of torture — a special purpose or direct intent, but causes serious physical or mental suffering to a person.