Keywords
crimes against journalists
protection of professional activity
criminal legislation
How to Cite
Abstract
Introduction. The legislative base in all spheres of life – political, social, cultural and educational, etc. – has begun to actively form during the period of the development and establishment of Ukraine’s contemporary history, statehood and sovereignty. The observance of the right for the freedom of speech, opinion and expression, realized through mass media, is one of the top priorities in the development of a democratic country. Relevance and aim. The relevance of researching the criminal legislation in terms of the observance of journalists’ rights and freedoms is defined by the increase of threats to journalistic activity and the considerable violation of the rights of media people in Ukraine. The aim of the article is to investigate the existing rights and freedoms granted to journalists under the Criminal Code of Ukraine. Methods. The methodological basis implies the use of methods of analysis, synthesis and system approach to fully consider the peculiarities of criminal law protection of journalists’ professional activity and the violations of their rights. Results. Principal Criminal Code provisions pertaining to the observance of the rights and freedoms of journalists have been defined for further analysis of the situation. Sanctions for criminal violations against journalists have also been described, the influence of the increased criminal liability for crimes against journalists and freedom of speech in Ukraine has been considered. Conclusions. The research has revealed that 2015–2016 had seen an increase in the criminal law protection of the rights and freedoms of journalists as a result of changes and amendments added to the Criminal code of Ukraine. The violation of the right for journalists to conduct professional activity leads to criminal liability under Article 171 of the Criminal Code of Ukraine. Crimes against journalists are singled out as a separate type and are controlled by articles 345-1, 347-1, 348-1, 349-1 of the Criminal Code of Ukraine. The improvement of Ukraine’s positions in international rankings “Reporters without borders” and Freedom House in 2016–2017 indicates that the increased protection of the rights and freedoms of journalists, following the separation of crimes against them into an individual type on the legislative level, has had a positive influence on the freedom of speech.
References
1. Pysmenskyi, Ye. O. (2016), «Offenses in the field of professional activity of journalists in the context of providing the needs of Ukrainian society at the present stage of its development”, Visnyk Kryminologhichnoji asociaciji Ukrajiny. [Bulletin of the Criminological Association of Ukraine], no. 1 (12), pp. 90–103.
2. IMI (2014), “Year 2014: Results of Freedom of Speech in Ukraine - Institute of Mass Information (infographics)”, available at: http://imi.org.ua/news/rik-2014-pidsumki-svobodi-slovav-ukrajini-institut-masovoji-informatsiji-infografika/ (accessed 28 September 2018)
3. General Prosecutor of Ukraine (2014), “The only report on criminal offenses in the state for January-December 2014”, available at: http://www.gp.gov.ua/ua/stst2011.html?dir_ id=112173&libid=100820&c=edit&_c=fo# (accessed 28 September 2018)
4. IMI (2017), “Barometer of freedom of speech. In 2017, Ukraine recorded 274 violations of freedom of speech”, available at: http://imi.org.ua/news/u-2017-rotsi-v-ukrajini-zafiksovano274-porushennya-svobody-slova-imi/ (accessed 28 September 2018)
5. Verkhovna Rada of Ukraine (2001), Criminal Code of Ukraine: Code of Ukraine, Code, Law from 05.04.2001 no. 2341-III (edited by 28.08.2018), available at: http://zakon.rada.gov.ua/ laws/show/2341-14 (accessed 28 September 2018)
6. Kaplii, O. V. (2016), «Strengthening of criminal responsibility for crimes against journalists in the light of adaptation of Ukrainian legislation on media activities to European standards» in Kozachenko, O. V. (Ed), Latest criminal-legal research - 2016: collection of scientific works, Ilion, .Mykolaiv,2016, Mykolaiv, pp. 74–78.
7. Lykhova, S. Ya. (2015), «Criminalization of socially dangerous acts against journalists as an example of a violation of the principle of the structural nature of the criminal law», in Tatsii, V. Ya., Borysov, V. I. (Eds.), Problems of science of criminal law and their solution in law-making and law-enforcement activity: materials of the International scientific-practical conference, Kharkiv, 8-9 October 2015, Kharkiv, pp. 270–274.
8. Medytskyi, I. B. (2015), “Criminal legal protection of journalist’s professional activity in light of recent legislative changes”, in Tatsii, V. Ya., Borysov, V. I. (Eds.), Problems of science of criminal law and their solution in law-making and law-enforcement activity: materials of the International scientific-practical conference, Kharkiv, 8-9 October 2015, Kharkiv, pp. 294–297.
9. Shablystyi, V. V. (2015), «Lawful professional activity of a journalist as a «new object of criminal legal protection»», Visnyk Kryminolohichnoi asotsiatsii Ukrainy [Bulletin of the Criminological Association of Ukraine], no. 2 (13), pp. 78–84.
10. IMI (2018), «Violation of the rights of journalists. January - August 2018”, available at: http://imi.org.ua/infographics/porushennya-prav-zhurnalistiv-sichen-serpen-2018/ (accessed 28 September 2018)
11. Prystupenko, T. O. (2017), Legislative regulation of domestic media in the conditions of the modern history of Ukraine. Press in the system of mass communication: tutorial. Talkom, Kyiv, pp. 4–80.
This work is licensed under a Creative Commons Attribution 4.0 International License.