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  • Author: Yevhen Pysmenskyy x
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The Phenomenon of Journalism-related Crimes Under the Circumstances of Hybrid War in Ukraine

Abstract

The article covers journalism-related crimes as a relatively distinct category of offences. The importance and purpose of isolating the concept of journalistic criminality under conditions of globalization in the modern theory of legal thought, the rapid development of the information society, and the embodied increase of the role of information and knowledge in human life are emphasized. Attention is paid to the factors affecting the dynamics and development of crimes in the area of professional activities of journalists, which primarily includes the environment of hybrid war. The destructive impact of the social consequences of journalistic crimes on society is evident in the case of Ukraine, which has suffered in the past and to this day experiences the latest information manifestations of hybrid war. The proposition to criminalize the intentional spreading of false information in the media by journalists is discussed. The reasons, basis and conditions for such criminalization are analysed. The existence of criminalization grounds for such an offence is substantiated in the article. However, conclusions are drawn on the inappropriateness of such criminalization due to its non-correspondence with certain conditions associated with difficulties in adjudication and with the problem of proving this type of behaviour. Other means of counteracting the deliberate dissemination of false information are considered.

Open access
Criminal Policy Challenges under Conditions of Hybrid War: Some Issues and Solutions from Ukraine

Abstract

This article studies the specifics of national criminal policy implementation under the influence of extraordinary geopolitical factors on it. Such policy will be reviewed with Ukraine serving as an appropriate example. This country has been recently forced to adjust its own ways of implementation of the state policy against crime based on atypical modern challenges and threats. This refers to the special nature of a hybrid war, which has been actively fought on the territory of Ukraine since 2014. The author examines two key areas of criminal policy (definition of the limits of criminal behavior and establishing criminal law consequences of the committed offenses), implemented under the extraordinary circumstances of hybrid war. Symptomatic features of the hybrid form of foreign aggression are defined in the piece. At the same time, options of criminal law in combating and preventing such aggression are researched.

Special focus is placed on new acts that have been criminalized as well as those that might need further criminalization. Attention is paid to the issues of criminal law protection of national and historical memory, and to the concept of journalism related crimes. The importance of amnesty as an effective tool to resolve conflicts between individual and state is also emphasized in the article.

Open access