Criminal liability for illegal photo or video recording

Various gadgets have long become an everyday thing in our lives. Agree, it is difficult to find a modern person who does not have a phone with a camera. However, it should be remembered that there are certain restrictions at the level of the law related to the use of materials obtained during photo and video shooting. In this article, our lawyers Prykhodko and Partners will tell you whether criminal liability is provided for illegal photo or video recording.

Legislative framework of the issue

The right to photo and video recording is regulated by Article 37 of the Constitution of Ukraine. At the same time, it should be noted that this right is not absolute and may be limited in some situations.

In accordance with the norms of civil legislation, a natural person can be openly filmed only with oral or written consent. For example, minors can be photographed only with the consent of their parents.

Important: filming should in no way violate a person's right to non-interference in his private and personal life.

In addition, without a person's consent, representatives of law enforcement agencies - the SBU, the Prosecutor's Office, the police, the Security Intelligence Service, etc. - do not have the right to take illegal photos and videos. In most cases, such filming is accompanied by a court order issued within the scope of valid investigative search actions. The police may use information obtained from technical photo and video recording devices (provided that it is placed in a prominent place).

Thus, Ukrainian legislation prohibits any covert filming related to your personal life, especially when it comes to photo or video recording. In case of violation of the legally established norms, administrative and criminal liability is provided:

• Fines (from 500 to 1000 NMDH).
• Repair work for up to 2 years.
• Restriction of freedom for up to 3 years.
• Arrest for up to 6 months (part one of Article 182 of the Criminal Code of Ukraine).

Since the beginning of the full-scale war, amendments have been made to the Criminal Code of Ukraine. Illegal photo and video recording of the movement of the Armed Forces, as well as military aid from foreign partners during martial law, is punishable by the relevant articles of the Criminal Code of Ukraine. We are talking, first of all, about Article 114-2.

Liability under Article 114-2

As of today, criminal responsibility for illegal photo and video recording of the movement of the Armed Forces is legally established:

• Photo and video recording of the movement of the Armed Forces, committed under specific conditions (in particular, a state of emergency or martial law) - deprivation of liberty for a period of three to five years.
• Dissemination of data on the place of deployment, movement, movement of the Armed Forces of Ukraine and other Ukrainian military formations without obtaining the appropriate permits - deprivation of liberty for a term of five to eight years.
• In case of committing the above-mentioned actions with aggravating factors (i.e., committed by a group of persons, by foreigners, and in favor of the aggressor state), deprivation of liberty for a term of eight to twelve years.

In order to prove guilt under Article 114-2, in most cases, an examination is conducted to identify our armed formations and their movements on the ground. If the suspects are found guilty, severe punishment will be applied.

Assistance of a professional lawyer in cases of illegal photo and video recording

If you are charged under Article 114-2 or other articles of the Criminal Code of Ukraine, you must enlist the support of professional lawyers. Lawyers Prykhodko and Partners are able to protect your rights and interests.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services in cases of illegal photo and video recording, fill out the form below.