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Filming the work of the PPO – what is the responsibility, the price of a lawyer’s assistance under Article 114-2 of the Criminal Code

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Zvonenko Olena

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Filming the work of the PPO – what is the responsibility, the price of a lawyer’s assistance under Article 114-2 of the Criminal Code

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Since February 24, 2022, various cities of Ukraine have experienced massive missile strikes. Thanks to the coordinated work of our air defense forces, it is possible to destroy most of the missiles and drones. However, some citizens of our country, not understanding this, can become adjusters for the enemy. We are talking about filming and publishing on the network the work of the PPO. The enemy uses the published videos and photos against us. For example, air defense forces shot down an aerial object in the sky. This object leaves a distinct smoke plume. At the same time, very often a part of the terrain falls into the frame. This allows us to determine the location of our protective installation. There is a very high probability that next time the Russians will aim exactly there. The responsibility for filming the work of air defense comes under Article 114-2 of the Criminal Code. If you or your loved ones are accused under this article, contact the professional lawyers of Prykhodko and Partners for help.

Liability under Article 114-2 of the Criminal Code

As early as March 24, 2022, the Verkhovna Rada of Ukraine adopted draft law No. 7189 - the introduction of criminal liability for filming and publishing the positions of the Armed Forces, including the transmission of information about the location of air defense forces.

The addendum to Article 114 states that liability is provided for the following actions:

  • Dissemination of information on the location and movement of air defense forces and other armed formations of Ukraine.

Important: the main basis for prosecuting the suspects under Article 114-2 is the fact of the lack of distribution/placement of information about the work of air defense by official authorities, including, for example, the General Staff of the Armed Forces of Ukraine, the Security Service of Ukraine, etc.

The publication of photos and videos of the work of the PPO threatens those involved with imprisonment for a term of 5 to 8 years. If such actions were committed by a prior conspiracy or a group of persons, providing information to the enemy about the placement of anti-aircraft positions is punishable by imprisonment for up to 12 years.

In Ukraine, there are restrictions on the use of video recorders, which can also record the work of air defense and other armed formations. You may be detained and the relevant devices seized.

Assistance of a lawyer under Article 114-2 of the Criminal Code

Thus, the amendment to Article 114 was adopted in order to establish punishment for persons who intentionally and illegally disseminate information about the location of air defense positions and the operation of our air defense. But the recording (filming) of air defense work is not always done consciously. Now you can find a large number of photos and videos on social networks. The purpose of most of them is not to correct missile attacks, but to record the professional work of our defenders.

In any case, you will need the help of a lawyer.

Specialists of our law firm Prykhodko and Partners will be able to protect the interests of their clients.

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Specializes in crimes in the military sphere, and is also an expert in criminal offenses against traffic safety and operation of transport

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