PROHIBITION OF WAR PROPAGANDA IN THE CONDITIONS OF THE STATE OF MARTIAL: ANALYSIS OF LEGISLATIVE INNOVATIONS

Abstract

The author, based on the analysis of the provisions of international legal acts, as well as the legislation of Ukraine, notes that any propaganda of war, which is an incitement to discrimination, enmity, or violence, as well as any speeches that support national, racial or religious enmity, are prohibited by law. the above prohibition applies to all types of propaganda that violate the charter of the organization of the united nations with the purpose of intimidation, aggression or breach of peace. The purpose of this article is to determine through a systematic analysis of scientific sources and legislation regulating the prohibition of propaganda under martial law. The author concluds that the public denial of the illegal nature of the propaganda of the war against Ukraine by Russia, which is a constituent element of the “propaganda of the neo-Nazi Russian totalitarian regime” provided for in the law № 2265-IX, which echoes the previously adopted laws, which can create significant problems for law enforcement agencies and contradict the requirement of legal certainty. For example the legislation prohibiting collaborationism criminalizes “public denial of armed aggression against Ukraine, approval, and establishment of a temporary occupation regime of part of the territory of Ukraine." Article 436-2 of the Criminal Code, which recently entered into force, also provides criminal liability for “justifying the armed aggression of the Russian Federation in Ukraine, recognizing the legality, denying the armed aggression of the Russian Federation, glorifying its participants." Similar issues arose in the legislation regulating television and radio broadcasting. Relevant specifications should be mutually agreed upon for more effective implementation. At the same time, when establishing and applying tort liability, it is also necessary to pay attention to the principle of guarantee proportionality.