Article 436 of the Criminal Code of Ukraine – propaganda and call for war/military conflict or distribution of materials with such calls

In the current conditions of prolonged armed aggression, the issue of war propaganda has gained particular importance. The dissemination of information in the media, social networks, and personal blogs that justifies or encourages aggression poses a threat to national security and international legal order.

Criminal defense lawyers of the law firm “Prikhodko and Partners” provide legal assistance in cases related to liability for war propaganda, public calls for armed conflict, and the distribution of relevant materials.

What is war propaganda?

War propaganda is a mechanism of targeted influence by an aggressor state on society, the population, or specific social groups of another state. This tool leads to significant negative consequences, including the distortion of public consciousness, threats to collective psychology, and the weakening of national unity.

It should be noted that public calls for waging an aggressive war, initiating military conflicts, as well as creating and distributing materials with such calls are dangerous from the perspective of social stability. The particular danger of such practices lies in their potential to spread and escalate tensions, which may later develop into a real armed conflict.

Who is the subject of the criminal offense provided for by Article 436 of the Criminal Code of Ukraine?

In such cases, the subject of the crime is a sane individual who has reached the age of 16. This may be any person regardless of citizenship (a citizen of Ukraine, a foreigner, or a stateless person) who makes public calls for aggressive war or the initiation of a military conflict, as well as produces and distributes materials containing such calls.

Liability for propaganda and calls for war, dissemination of materials, and justification of the armed aggression of the Russian Federation

In the context of wartime, accompanied by elements of hybrid information warfare, the issue of ensuring information security has become particularly important.

In response to these challenges, the Verkhovna Rada of Ukraine adopted on March 3, 2022, the Law “On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening Criminal Liability for the Production and Distribution of Prohibited Information Materials” No. 2110.

Based on it, the Criminal Code of Ukraine was supplemented with Article 436-2, which provides for liability for the following offenses:

• justification of armed aggression;
• justification of the temporary occupation of part of its territory;
• recognition as lawful of armed aggression or temporary occupation of Ukrainian territories;
• denial of the facts of aggression or occupation;
• glorification of persons who participated in armed aggression, as well as other entities involved in such aggression or occupation (in particular representatives of the armed formations of the Russian Federation, mercenaries, and officials of occupation administrations);
• creation of materials containing justification, recognition of the lawfulness of armed aggression or occupation, their denial, or glorification of participants in such actions;
• distribution of such materials.

These provisions are aimed at counteracting the spread of disinformation and propaganda that pose a threat to the national security of Ukraine in conditions of armed conflict.

Comparative characteristics of Articles 436, 436-1, 436-2 of the Criminal Code of Ukraine

What is glorification?

Glorification means giving a heroic image, deliberately emphasizing positive qualities, and creating an elevated perception of the following persons or groups while simultaneously denying their negative characteristics:

• persons who participated in armed aggression since 2014;
• representatives of armed formations;
• irregular illegal armed groups;
• armed gangs and groups of mercenaries created, subordinated, controlled, and financed by the Russian Federation;
• representatives of the occupying administration of the aggressor state, including its state bodies and structures responsible for governing temporarily occupied territories of Ukraine;
• representatives of self-proclaimed bodies controlled by the Russian Federation that have usurped state functions in temporarily occupied territories of Ukraine.

Glorification may manifest both verbally and through the creation of relevant materials, publications on the Internet, or social networks. It should also be noted that in many cases glorification is inseparably linked with denial, justification, or recognition of the legitimacy of armed aggression and temporary occupation of part of the territory. Depending on the circumstances, such actions may be considered as a combination of several crimes or separate offenses.

Court practice under Article 436 of the Criminal Code of Ukraine

Analyzing court practice, it can be noted that courts make decisions differently within the framework of the law, for example:

• The Starosambir District Court of the Lviv region in case №455/257/26 established that the accused, by disseminating public content, engaged in propaganda of aggressive war; he was found guilty under Article 436 of the Criminal Code of Ukraine and sentenced to 5 years of imprisonment.
• The Balakliia District Court of the Kharkiv region in case №610/209/26 established that the accused was found guilty under Part 2 of Article 436-2 of the Criminal Code of Ukraine for distributing publications via a social network that contained justification and glorification of the armed aggression of the Russian Federation, and was sentenced to 1 year of imprisonment without confiscation of property.
• In the verdict of the Podilskyi District Court of Kyiv in case №758/5296/25 dated 04.03.2026, the person was found guilty under Part 2 of Article 436-2 of the Criminal Code of Ukraine for distributing materials via a social network that contained justification and glorification of the armed aggression of the Russian Federation and was sentenced to 4 years of imprisonment; however, under Article 75 of the Criminal Code of Ukraine, they were released from serving the sentence with a probation period of 2 years.
• End of form

Judicial practice in such cases shows that courts uniformly qualify similar actions, but differ in sentencing — from actual imprisonment to release from serving the sentence with probation, depending on the circumstances of the case and the personality of the offender.

Cost of legal assistance in criminal proceedings under Article 436 of the Criminal Code of Ukraine

The cost of legal assistance in criminal proceedings under Article 436 of the Criminal Code is determined individually and depends on the circumstances of a specific case.

When determining the cost, the following main factors are taken into account:

1. Stage of the criminal proceedings (pre-trial investigation, court hearing);
2. Nature and method of committing the criminal offense (public speeches, publications, distribution of materials, etc.);
3. Volume of evidence and case materials;
4. Need for expert examinations (linguistic, psychological, etc.);
5. Level of procedural risks for the client.

Legal assistance of a lawyer in such cases may include:

1. Initial consultation and legal analysis of the situation;
2. Assessment of criminal case materials;
3. Development of legal position and defense strategy;
4. Participation in investigative (search) actions;
5. Preparation of procedural documents;
6. Representation of the client’s interests at the pre-trial investigation stage and in court.

Need legal assistance in criminal proceedings? Submit a request for an individual cost estimate today — protect yourself before the situation becomes critical.