On the question of understanding the phenomenon of justification, recognition as legitimate, denial of the armed aggression of the Russian Federation against Ukraine, glorification of its participants (Article 436² of the Criminal Code of Ukraine)

The article attempts to interpret the phenomenon of justification, recognition as legitimate, denial of the armed aggression of the Russian Federation against Ukraine and glorification of its participants. The historical movement and trends in the development of such complex socio-political phenomena as war, propaganda and collaborationism are analyzed. The impact of the development of information technologies and the emergence of the information society on the means and instruments of waging modern wars is determined. The dynamics of the implementation of acts of hybrid aggression against Ukraine and their impact on domestic lawmaking are traced. Certain aspects of the issues of criminal law regulation of the protection of the national security of Ukraine, peace, humanity and international law, in the context of the escalation of hybrid war, are highlighted. The process of criminalization of justification, recognition as legitimate, denial of the armed aggression of the Russian Federation against Ukraine and glorification of its participants is considered. The vision of the domestic legislator regarding the goals of criminal regulation of this dangerous behavior in the context of the need to strengthen the country’s defense potential in the face of new challenges of the ongoing hybrid aggression against Ukraine is demonstrated. It is proven that the phenomenon of justification, recognition as legitimate, denial of the armed aggression of the Russian Federation against Ukraine and glorification of its participants is derived from the broader phenomena of «propaganda» and «collaborationism». It is established that under conditions of intense hostile information influence, such public statements act as a tool for spreading hostile narratives within the country, which creates real and potential threats to the formation among the population of individuals who are ready to assist the occupier in achieving its military goals in various ways. In addition, the historical background and international legal experience of criminalizing manifestations of enemy propaganda and collaboration activities were analyzed. It was established how international legal treaties and the activities of international organizations influence national legal systems in the context of criminal legal mechanisms for countering war propaganda and various forms of aiding the enemy by the own population.