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On the Need to Amend Chapter XV of the Special Section of the Criminal Code of Ukraine

Institution of author: National Academy of Internal Affairs

"The article deals with the issue of establishing criminal liability for crimes against journalists. Areas of research on this subject are identified. The basic research and publications on issues are reviewed. The need for introducing such liability is investigated. It is indicated that several special trains crimes against journalists were added to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening Guarantees ofJournalistic Activities" Criminal Code of Ukraine: 1) threats or violence against a journalist (art. 345-1 of the Criminal Code); 2) intentional destruction or damage to property of a journalist (art. 347-1 of the Criminal Code); 3) attempt on the life of a journalist (art. 348-1 of the Criminal Code); 4) hostage seizure of a journalist (art. 349-1 of the Criminal Code). Deficiencies are identified in the existence of separate groups of crimes - crimes against journalists due to the presence in the existing criminal law norms that punish such acts. It is also concluded that the introduction of special rules to the criminal law Ukraine should be conditional on increased (or reduced) level of social danger of the act versus offense under the general rule. It is claimed that journalists should be provided protection by the criminal law, but without creating more competition and overloading the Criminal Code of Ukraine." (Abstract)