Review

The problems of criminal law ensuring of freedom of speech through the prism of the media protection European and international standards are considered in this article. It is established that the legal regulation of freedom of speech and media activity in Ukraine fully complies with international and European standards of fundamental human rights and freedoms protection. At the same time, as opposed to Europe, a good legal basis does not provide efficient protection of journalists’ activities in gathering, gaining and freely disseminating of information in Ukraine. For the last three months in Ukraine there have been made 139 assaults on journalists on duty, the majority of these attacks were committed by law enforcement officials. On the abovementioned ground the strengthening of criminal law protection of journalists’ activities in Ukraine by means of making appropriate amendments to Criminal Code is proposed.

The author of the article deals with the strengthening of the criminal legal guarantees of freedom of speech in Ukraine. We analyze the current legislation and the legislative proposals for improving the criminal law in the area of criminal protection of journalists by illegal influence. The necessity of changes in the bill number 1630 to enhance the effectiveness of the criminal law under Art. 171 of the Criminal Code of Ukraine. It is concluded that the jurisprudence of no examples of sanctions ch. 2, Art. 171 of the Criminal Code of Ukraine. However, analysis of sanction for prosecution of a journalist for the performance of professional duties or criticism or committed by a group of people allows you to specify some legal inaccuracies. First, as in the first part, there is no such type of punishment as public or remedial work. Second, disqualification to hold certain positions contemplated only as a basic form of punishment.

Keywords: freedom of speech, freedom of journalistic activities, obstructing the work of journalists, seizure of materials collected, criminal liability, criminal penalties.