Critical analysis of the draft Law of Ukraine No. 9223 dated 04/19/2023 regarding criminal liability for actions, provided for by Art. 114-3 of the Criminal Code of Ukraine

Abstract

The article is devoted to a scientific and practical analysis of the provisions of the draft Law of Ukraine No. 9223 dated 04.19.2023, which proposes the introduction of criminal liability for the actions provided for in Art. 114-3 of the Criminal Code of Ukraine, namely, - the creation, acquisition, use or sale of accounts containing known false information about the user in information (automated), electronic communication networks, with the help of which unreliable information is distributed (including on behalf of other persons, whose involvement in the disclosure of information has not been confirmed) or interference is carried out in the activities of individuals and legal entities,м if such actions are committed to the detriment of the sovereignty, territorial integrity and inviolability, defense capability, national, state, economic or informational security of Ukraine, etc. The author analyzed the disposition of the specified article and identified a number of shortcomings that cannot be eliminated by the use of legislative techniques and construction.
 The most fundamental remarks are the following: the inconsistency of the title of the article with its content and the list of types of actions that form the corresponding forms of the objective side of the composition of the criminal offense; the focus of the authors of the draft law has been shifted from criminal actions, which consist in spreading (posting) knowingly false information using a fake account, to actions that, in a narrow sense, precede such spreading, for example, creating a fake account; inconsistency of the Section of the Special Part of the Criminal Code of Ukraine, in which it is proposed to place Art. 114-3 of the Criminal Code of Ukraine, the actual generic object of this criminal offense; the presence in the disposition of the article of constructive categories that do not correspond to the content of the actions being performed.
 Taking into account the identified shortcomings, the author proposed to conceptually change approaches to the definition of actions that must be criminalized, defining them as "intentional dissemination of false socially significant information known to the subject." In addition, a number of proposals were made regarding mandatory elements that should be included in the new norm, which is proposed to be included in Chapter IX of the Special Part of the Criminal Code of Ukraine (Criminal offenses against public safety).