Criminalization of Certain Types of Actions under Martial Law
- Institution: Kiev University of Intellectual Property and Law of National University “Odessa Law Academy”
- ORCID: https://orcid.org/0009-0006-9543-4152
- Year of publication: 2023
- Source: Show
- Pages: 177-187
- DOI Address: https://doi.org/10.15804/ksm20230412
- PDF: ksm/40/ksm4012.pdf
Martial law is always accompanied by an increased level of tension and threats to national security. In such circumstances, there is a need to respond to specific types of acts that may threaten public safety and national interests. The criminalization of these acts becomes an important tool for preventing and counteracting threats, as well as for establishing responsibility for their commission. In this article, the author analyzed the legal provisions that were adopted as a supplement to the Criminal Code of Ukraine after the start of the full-scale invasion. The author notes that most of the articles in one way or another relate to criminal punishment for acts that occur in the information sphere and are related to the disclosure and dissemination of information, disinformation, unauthorized data transfer, etc. Based on this, the author emphasizes the need to criminalize acts during martial law relating to the digital, information and cyberspace spheres. The criminalization of certain categories of violations during the war is a topical issue, as it is aimed at ensuring the security of the state and preserving its integrity. The legislation should be comprehensively aimed at countering the aggressor and protecting civilians. It is important to note that a large number of innovations in criminalization relate to the information sphere and data transmission. The involvement of information and electronic communication systems in important aspects of modern life, such as healthcare, finance, energy and national security, creates new threats that can have serious consequences for society and the country as a whole. Therefore, in order to ensure stability and protect the rights and interests of citizens and businesses, the need to strengthen criminal liability for violations of information and cybersecurity is justified, among other things. The purpose of the article is to analyze certain types of punishments which were categorized as criminal offenses under martial law. In addition, the purpose of the article is to highlight the special role of criminal acts in the digital and information sphere and to justify the need for their criminalization.
REFERENCES:
- Frantsuz-Yakovets T., Informatsiyna bezpeka v umovakh viyny. Yevropeiskyi vybir Ukraiiny, rozvytok nauky ta natsionalna bezpeka v realiiakh masshtabnoi viiskovoi ahresii ta hlobalnykh vyklykiv XXI stolittia [Information security in the conditions of war. Ukraine’s European choice, development of science and national security in the realities of large-scale military aggression and global challenges of the XXI century], Helvetyka, Odesa 2022.
- Kruminalniy Kodeks Ukraiiny: Zakon Ukraiiny [Criminal Code of Ukraine: Law of Ukraine], 2001, № 2341-III, https://zakon.rada.gov.ua/laws/show/2341–14#top.
- Kuzmenko O., Kiberbezpeka pid chas viyny. Ekonomika ta suspilstvo [Cyber security of business during the war. Economy and society], 2022, 44.
- Marszałek-Kawa J., Plecka D., Daśko N. (red), Dictionary of Public Institutions, Publishing House “Helvetica”, Odessa 2021.
- Miroshnychenko S., Voiennyi stan v Ukraiini: problemy kryminalnopravovoho rehuliuvannia i pravozastosuvannia. Chasopys Kyivskoho instytutu intelektualnoi vlasnosti ta prava [Martial Law In Ukraine: Problems of Criminal Law Regulation and Law Enforcement. Journal of the Kyiv Institute of Intellectual Property and Law], 2022, 1.
- Pro pravovyi rezhym voiennoho stanu: Zakon Ukraiiny [On the legal regime of martial law: Law of Ukraine], 2015, № 389-VIII, https://zakon.rada.gov.ua/laws/show/389-19#Text.
- Shynkarov Yu., Kovalenko O., Pravova kharakterystyka poniattia «hloryfikatsiia» yak formy obiektyvnoi storony skladu kryminalnoho pravoporushennia, peredbachenoho st. 436–2 kryminalnoho kodeksu ukraiiny [Legal characterization of the concept of «glorification» as a form of the objective side of the composition of the criminal offense provided for in part 436-2 of the criminal code of Ukraine. Collection of scientific works of H.S. Skovoroda Kharkiv National Pedagogical University], 2022, Issue 36, 2.
- Vozniuk A. et al., Novely kryminalnoho zakonodavstva Ukrainy, pryiniati v umovakh voiennoho stanu: nauk.-prakt. koment [Novelties of criminal legislation of Ukraine adopted under martial law: scientific and practical commentary], Norma prava, Kyiv 2022.
military actions disclosure of information information activities criminal punishment digitalization