Sustainable protection of state authority: criminal liability for attacks on law enforcement, special state bodies, and military personnel

Nurbol Batyrbay, Nurlan Tleshaliyev, Zholdasbek Nusenov, Anzhelika Tsoy and Pernebay Almaganbetov

RIVISTA DI STUDI SULLA SOSTENIBILITA', 2025, vol. 10, issue 2 Thematic Issue

Abstract:

The sustainability of public institutions and the rule of law depends heavily on the safety and resilience of those entrusted with enforcing them, namely, law enforcement officers, members of special state bodies, and military personnel. These individuals, while performing their professional duties, are increasingly exposed to threats against their life and health, highlighting the urgent need for effective and consistent legal protection. This study analyses the criminal legislation of Kazakhstan, Ukraine, Mongolia, Belarus, China, Japan, and France concerning offences committed against these categories of public servants. Using dialectical, structural-functional, analytical, and synthetic methods, the research evaluates the extent to which national legal frameworks provide sustainable and targeted protection for state agents. The findings indicate that only a subset of these countries, Ukraine, France, Belarus, and Japan, have clear statutory provisions that establish criminal liability for such offences, while others treat them as general domestic crimes. This gap in legal protection risks undermining the operational sustainability of state institutions and signals a degree of decriminalization of threats against public officials. A key determinant in the criminal classification of these acts is often the offender?s knowledge of the victim?s official status. As states aim to reinforce institutional legitimacy and ensure uninterrupted service delivery, establishing strong, consistent legal protections for state agents becomes essential. The practical value of this study lies in its policy relevance: its conclusions and recommendations can inform legislative reform to strengthen institutional resilience and promote justice systems aligned with the goals of sustainable development.

Keywords: criminal liability; protection of law enforcement officers; offences against state officials; institutional resilience; sustainable governance; comparative criminal law (search for similar items in EconPapers)
Date: 2025
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