THE SUBJECT OF OBSTRUCTION OF LEGAL PROFESSIONAL JOURNALISTIC ACTIVITY

Abstract

This article examines the subject of a criminal offense as stipulated in Article 171 of the Criminal Code of Ukraine, which encompasses obstruction of legal professional journalistic activities. The relevance of the study is determined by the necessity of ensuring adequate protection for journalists who perform the function of independent oversight over authorities and socially significant processes. The article analyzes scientific approaches to defining the subject of a criminal offense, considering both general and special characteristics that may determine an individual's responsibility. Special attention is paid to the discussion on the possibility of holding minors accountable, the use of artificial intelligence in mechanisms of obstruction of journalistic activity, and the criminal liability of legal entities. It has been established that the general subject of this crime is defined as a legally competent individual who has reached the age of 16, while a special subject is a public official who abuses their powers to unlawfully influence journalists. The analysis of the practice of applying Article 171 of the Criminal Code of Ukraine leads to the conclusion that legal provisions governing criminal liability for obstructing lawful journalistic activities require improvement. The key findings of the study indicate that the criminal-legal protection mechanism for journalists should be expanded, particularly by clarifying legislative provisions on the liability of legal entities and establishing legal regulation of the use of artificial intelligence in the context of informational influence and censorship. The results of this research will contribute to a deeper understanding of the mechanisms of journalist rights protection, as well as to the development of recommendations for improving legislative regulation of liability for obstruction of their activities.