构建为新闻记者提供刑事法律保护的文章配置

T.I. Sozanskyi
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引用次数: 0

摘要

本文分析了乌克兰现行刑法规范在保护记者合法活动方面的公共关系规范,并对这些刑法规范的构建进行了探讨。为新闻记者的合法活动提供刑事法律保护的刑事犯罪范围已经确定。对界定一般新闻记者概念的规定进行了研究,并对各种专门立法行为中突出的特征进行了澄清和总结,形成了对新闻记者作为某一类刑事犯罪受害者概念的单一刑事-法律理解。对建议修改和补充现行刑法规定的法律草案进行了研究。已查明法律草案中使用的概念与现行立法之间的不一致之处。已经确定,对乌克兰现行刑法的拟议修改并不总是充分合理和合乎逻辑的;在某些地方,他们对同一概念的相同理解产生了问题,这在不同的刑法规范中使用。本文还考虑了“记者”这一概念的应用问题,这一概念被提出了显著的扩展,因此失去了其原有的意义和应用的实际可能性。经研究,"任何形式的影响"一词指的是使用任何工具或手段而产生的影响的所有可能变体,因此不需要作任何补充或澄清。我们发现,在一些法律草案中,有人提出使用法律结构,而这些法律结构的效力在刑法中无论是在理论上还是在实践中都没有得到证明,并将行政偏见单独归因于这些法律结构。对提供新闻记者刑事法律保护的刑事法律规范进行了总体分析,确定了其与其他相关刑事法律规范的相似之处。
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Construction of dispositions of articles that provide criminal legal protection of the journalist
The article deals with the analysis of the norms of the current Criminal Code of Ukraine, which regulate public relations in the sphere of protection of the legal activity of journalists, in the part that concerns the construction of these criminal law norms.The range of criminal offenses that provide criminal legal protection of the legal activity of journalists has been defined. A study of the provisions defining the concept of a journalist in general was carried out, and a list of features that stand out in various specialized legislative acts was clarified and summarized into a single criminal-legal understanding of the concept of a journalist as a victim in a certain category of criminal offenses.A study of draft laws proposing amendments and additions to the provisions of the current criminal law legislation was conducted. Inconsistencies between the concepts used in the draft law and the current legislation have been identified. It was established that the proposed changes to the current Criminal Code of Ukraine are not always sufficiently justified and logical; somewhere they create problems with the same understanding of the same concept, which is used in different criminal law norms. The problem with the application of the concept of «journalist», which is proposed to be significantly expanded, is also considered, so its previous meaning and the practical possibility of its application are lost. It has been studied that the term «influence in any form» implies absolutely all possible variants of influence with the use of any tools or means, and therefore does not require any addition or clarification.It has been found that in some draft laws it is proposed to use legal constructions, the effectiveness of which has not been proven in criminal law, both in theory and in practice, and administrative prejudice is separately attributed to such constructions.A general analysis of criminal legal norms providing criminal legal protection of journalists was conducted, and certain similarities between them and other related criminal legal norms were determined.
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