Discussion issues of the improvement of criminal law protection of the basics of national security in the information sphere (on the example of the draft law reg. no. 9223 dated from April 19th, 2023)

Abstract

While martial law has been introduced in Ukraine since February 24th, 2022, more than twenty laws amending the Criminal code of Ukraine have been adopted. However, certain legislative initiatives in this field, particularly concerning issues of criminal legal protection of the basics of national security, are insufficiently substantiated and poorly formulated. Namely, the draft law Reg. No. 9223 dated from April 19th, 2023, aims to protect Ukraine’s national security and national interests in the information sphere. But analysis of its text reveals its questionable compliance with the Constitution of Ukraine and inconsistencies with the current Criminal Code of Ukraine, including possible arbitrary interpretation, corruption risks, incorrect wording of the criminal offences’ dispositions etc.