Ostrohliad O. Criminal law regulation in the professional activity of a journalist

DOI: 10.33098/2078-6670.2021.11.23.171-180.

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist’s professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Originality. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be – offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.

Key words: journalist, professional activity, the fourth branch of government, mass media, press, criminal defense.

References

1.     Menchynskoho, V. L. (Ed.).(2016).  Kryminalnyi kodeks Azerbaidzhanskoi Respubliky, Kryminalnyi kodeks Respubliky Kazakhstan [Criminal Code of the Republic of Azerbaijan, Criminal Code of the Republic of Kazakhstan]. K.: OVK. 490 p. (in Ukrainian)

2.    Menchynskoho, V. L. (Ed.). (2016). Kryminalnyi kodeks Respubliky Bilorus, Kryminalnyi kodeks Respubliky Moldova [Criminal Code of the Republic of Belarus, Criminal Code of the Republic of Moldova]. K.: OVK. 462 p. (in Ukrainian)

3.    Criminal codex of Ukraine (2021, March 28). Retrived from: https://zakon.rada.gov.ua/laws/show/2341-14#Text (in Ukrainian)

4.    Mytrofanov, I. I., Streltsov, Ye. L., Streltsova, Ye. L. (Ed). (2017). Kryminalno-pravove zabezpechennia okhorony profesiinoi diialnosti zhurnalista: monohrafiia [Criminal-legal maintenance of protection of professional activity of the journalist: monograph]. Odesa : Vydavnytstvo «Feniks». 304 p. (in Ukrainian)

5.    Marin, O. (2018). Kryminalno-pravova okhorona zhurnalistiv v Ukraini: refleksiia pidkhodu [Criminal law protection of journalists in ukraine: reflection of the approach]. Visnyk Lvivskoho universytetu. Seriia yurydychna, 66, 198-208. (in Ukrainian)

6.    Pysmenskyi, Ye. O. (2015). Zhurnalistska diialnist v aspekti zavdan kryminalnoho prava [Journalistic activity in the aspect of tasks of criminal law]. Problemy nauky kryminalnoho prava ta yikh vyrishennia u zakonotvorchii ta pravo-zastosovnii diialnosti: materialy mizhnarodnoi naukovo-praktychnoi konferentsii 8-9 zhovtnia 2015 roku. (pp. 151-155). Kharkiv: Pravo.  (in Ukrainian)

7.    Draft Criminal Code of Ukraine. Control text as of March 29, 2021. Retrived from: https://newcriminalcode.org.ua/upload/media/2021/03/30/kontrolnyj-proekt-kk-29-03-2021-1.pdf (in Ukrainian)