Proportionality of restrictions on the dissemination of information in the conditions of the military regime

Abstract

The article analyzes the issue of proportionality of the limitation of the dissemination of information in the conditions of the military regime. The Constitution of Ukraine and international documents provide for fundamental rights that require protection. Criminal law provides such protection by providing for criminal liability for violations of fundamental rights. At the same time, the realization of some rights has peculiarities and limitations due to the conditions of the military regime. In particular, the constitutional right to freedom of thought and speech, to the free expression of one's views and beliefs (Article 34 of the Constitution of Ukraine), as well as the right to freedom of expression, provided for in Art. 10 Convention on the Protection of Rights and Fundamental Freedoms of 1950.
 Proportionality of establishing criminal liability for dissemination of information about sending, moving weapons, armaments and military supplies to Ukraine, movement, movement or placement of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed in conditions of war or a state of emergency from the point of view of security.
 It has been established that the information component in war occupies a significant part, especially in the modern conditions of the information society. If the media will show false, unverified, erroneous information, it can be used as a means of manipulation. That is why information wars are so dangerous.
 Last but not least information technologies can be used both to commit criminal offenses, including those related to terrorism and war propaganda, and to combat crime. In particular, the relevant instruments were developed by European legislation. These instruments may violate some human rights, in particular Articles 10 and 8 of the Convention. It is substantiated that in the conditions of war, such concessions in freedom are an acceptable price for ensuring security.