Criminal liability for obstructing the lawful professional activity of journalists: problems of enforcement and judicial practice

The article provides a comprehensive theoretical and legal study of the institution of criminal liability for obstructing the lawful professional activity of journalists, as stipulated by Article 171 of the Criminal Code of Ukraine, within the context of contemporary legal challenges and the transformation of the media landscape. The relevance of the topic is conditioned by the necessity to ensure ironclad guarantees of freedom of speech as a cornerstone element of a democratic society, which acquires particular significance under the legal regime of martial law. Based on the analysis of scholarly approaches, the objective and subjective elements of this criminal offense are analyzed in detail, focusing specifically on the peculiarities of proving direct intent and the perpetrator's special purpose. The current judicial practice of the Cassation Criminal Court within the Supreme Court is examined. Particular attention is devoted to the doctrinal analysis of the term "journalist" for the purposes of criminal law. The author substantiates the position that in the digital era, this status possesses an autonomous character and should extend to freelancers, fixers, and internet bloggers who engaged in the systematic collection and dissemination of socially significant information, regardless of whether they possess traditional paper editorial credentials. The key issues in the enforcement of Article 171 of the Criminal Code of Ukraine at the stage of pre-trial investigation are identified and systematized. Theoretically grounded recommendations are formulated regarding the delimitation of criminally punishable obstruction from related administrative offenses (in particular, violation of the right to information) and disciplinary misconduct of officials based on the criteria of the intensity of actions and the direction of intent. Ways to optimize the methodology of securing evidence of the perpetrators' unlawful intent are proposed. It is concluded that the formation of unified approaches in judicial practice serves as a key factor in strengthening the real criminal law protection of media representatives against manifestations of covert censorship as well as physical or organizational pressure.