Criminal proceedings and journalistic investigation: competition or interaction

The article is devoted to the problem of journalistic investigations and the use of their materials in criminal proceedings, in particular during martial law. The relevance of this problem is determined by certain existing contradictions of the principles of journalism and outdated ideas about its purpose and social role, its relationship with pre-trial investigation. In addition, the restrictions that exist during the repulse of Russian armed aggression against Ukraine are imposed. The purpose of the study was to determine commonalities and differences in social tasks that are solved by journalistic investigation and criminal proceedings, to form on this basis an optimal system of legal relations between their subjects. To achieve the goal, a range of scientific research methods were used (dialectical, historical, logico-semantic analysis, comparative, systemic analysis, methods of formal logic, method of legal forecasting). They were used for the analysis of legislation in various fields related to the topic of research, scientific sources and the formulation of author's conclusions and proposals. The article summarizes that when determining the relationship between criminal proceedings and journalistic investigation, it is necessary to proceed from the fact that a journalist who initiates a pre-trial investigation acts as a representative of a social institution of a democratic society. And this institute should carry out certain control functions regarding the activities of state authorities, including law enforcement agencies. On this basis, the conclusion is drawn that the task of journalism is not only to report current news, but also to monitor state bodies in the performance of their duties. It is emphasized that the assessment of journalism as the "fourth power" in society is related to this. Such evaluations should be the basis for the establishment of interaction between law enforcement agencies and media subjects during the pre-trial investigation. Materials obtained as a result of journalistic investigation should be considered as the basis on which evidence is formed during criminal proceedings. From these positions, it is proposed to improve the wording of Part 1 of Art. 214 of the Criminal Procedure Code of Ukraine regarding the response of pretrial investigation bodies to media reports about criminal offenses. The unacceptability of the proposal to actually introduce censorship of journalistic investigative materials during the period of martial law is substantiated. Separate problematic issues of the relationship between criminal proceedings and journalistic investigation are identified, which require further research (quality of materials of journalistic investigations, procedure and tactics of carrying out separate investigative actions regarding the verification of such materials, etc.).

criminal proceedings, journalist, journalistic investigation, media subject, martial law, Unified State Register of Pretrial Investigations