PROBLEMS OF ADAPTATION OF DOMESTIC CRIMINAL LEGISLATION TO ACQUIS EU REGARDING CRIMINALIZATION OF RACIST AND XENOPHOBIC ACTS COMMITTED THROUGH COMPUTER SYSTEMS

Abstract

The article is devoted to a comparative criminal legal analysis of the
provisions of the Additional Protocol to the Convention on Cybercrime, which
concerns the criminalization of racist and xenophobic acts committed through
computer systems, and the Criminal Code of Ukraine. As a result of the detection
of gaps in the criminal law regulation, a number of changes and additions to
Articles 67, 161, 300 of the Criminal Code of Ukraine were proposed. In addition, on the basis of the primary criminalization of crimes against humanity, it is
proposed to implement the secondary criminalization of public denial, significant
minimization, approval or justification of genocide or crimes against humanity,
the commission of which is established by the verdicts of international judicial
bodies, the courts of Ukraine or recognized by the decision of the Verkhovna Rada
of Ukraine, as well as the production of material, which denies, significantly
minimizes, condones, or condones acts that constitute genocide or crimes against
humanity for the purpose of distributing, disseminating, or otherwise providing
public access through computer systems to such materials.