PROBLEMATIC ASPECTS OF THE TRANSFORMATION OF THE LEGAL STATUS AND GUARANTEES OF JOURNALISTS’ RIGHTS DURING THE WAR IN UKRAINE

Abstract

The article focuses on analyzing the legal status, as well as the legally guaranteed conditions of professional activity of journalists in combat zones. The authors also address the analysis of practical implementation issues regarding such norms within the context of daily media operations at the frontline. The research is relevant due to the acute need for a scientific re-examination of the balance between constitutional and international guarantees of freedom of speech and the imperatives dictated by military security objectives, particularly concerning Ukraine’s obligations in the sphere of European integration. The article offers a detailed examination of the interrelation between the norms and values of international humanitarian law and national legislation regarding the determination of media workers’ status in areas of hostilities, specifically concerning the distinction between the categories of «war correspondent» and «journalist on a dangerous assignment» as well as the criteria for the loss of civilian immunity due to «direct participation in hostilities» Attention is also paid to the question of whether the actions of propagandists and informational support of the war can be considered part of the concept of «general military effort» without altering the immunity status of such persons. A significant part of the study concerns the development of administrative and legal procedures for journalists’ access to the frontline. A series of regulatory changes to Order No. 73 of the Commander-in-Chief of the Armed Forces of Ukraine are reviewed, particularly regarding the introduction of a zoning system for journalist access formats and the «streamlining» of certain accreditation aspects. It is noted that, despite attempts to liberalize access in 2022–2025, the mechanism remains significantly bureaucratized, and responsibility for the safety of employees has effectively been shifted to media editorial offices. The existence of a legal conflict regarding the social protection of injured media workers and the difficulties in the practical implementation of certain social guarantees are highlighted. The conclusions emphasize the necessity of enhancing and differentiating the legal status of journalists during the war in Ukraine by establishing the additional status of a «war correspondent» and a form of identification aligned with international standards, as well as eliminating legislative inconsistencies within the system of national security and social guarantees for media workers.