Draft Law No. 14372 has been registered in the Verkhovna Rada, providing for increased protection of state and public figures from threats, violence, and public incitement to such acts, particularly in the digital environment.
At the same time, the proposed changes significantly expand the scope of Article 346 of the Criminal Code of Ukraine. Specifically, it is proposed to introduce new elements of crime related to "public calls" and "incitement" (including via the internet and electronic communications), as well as to substantially increase sanctions—up to life imprisonment.
Particular attention in the bill is paid to the digital environment: criminal liability may arise not only for creating content, but also for its distribution, commenting, supporting, or approving it on the internet.
UCIPR experts acknowledge that certain provisions of the bill may have a positive effect, particularly for public figures facing threats or organized intimidation campaigns. At the same time, the analysis revealed a number of systemic risks to freedom of speech and the activities of civil society organizations.
The key problem is the lack of clear legislative definitions for the concepts of "public call," "public incitement," and "support or approval of materials." This creates a risk of arbitrary and selective application of the rules by law enforcement agencies.
In fact, emotional political rhetoric, harsh public criticism of officials, reposts and comments, as well as advocacy campaigns by civil society organizations could fall under potential criminal liability.
Furthermore, the proposed sanctions do not comply with the principle of proportionality of punishment established in the practice of the European Court of Human Rights, and the automatic increase in liability in connection with martial law contradicts the principle of individualization of punishment.
Also, in its current wording, the bill may create a "chilling effect" for journalists, activists, and public organizations, deterring public criticism and participation in public debates.
The document is an example of excessive criminalization of the public sphere under the slogan of security. Without significant revision, it could be used as a tool of pressure on critically-minded activists and civil society organizations, which contradicts democratic standards, Ukraine's European integration commitments, and the principles of the rule of law.
Thus, in order to bring the bill into compliance with the requirements of current legislation and established practice, it is advisable to recommend that the Committee on Law Enforcement of the Verkhovna Rada of Ukraine return it to the drafting subject for revision.
🔗 Read the full detailed analysis of the draft law at the link.
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