What is the risk of filming and publishing the positions of the Armed Forces? – Article 114-2 of the Criminal Code of Ukraine

The state of war in Ukraine has significantly changed the rights and freedoms of Ukrainian citizens. So, for example, significant restrictions apply to photo and video shooting. On March 24, 2022, the Verkhovna Rada of Ukraine adopted the draft law №7189. According to its provisions, criminal liability is introduced for filming and publishing the positions of the Armed Forces. We are talking about the addition of Article 114 of the Criminal Code of Ukraine. In this article, we will talk about the dangers of filming and publishing the positions of the Armed Forces.

Thanks to messengers and social networks, in the first days of the war, we received a lot of information about the movement of enemy troops and the advancement of the Armed Forces. In this case, the information becomes available to everyone, including our enemy. Russian intelligence services constantly analyze social networks to obtain information about the movement of our defenders. That is why photo and video materials, provided that social networks are actively spread, have become a real weapon. Thus, the dissemination of information in wartime is a matter of national security.

Liability under Article 114-2 of the Criminal Code of Ukraine

Article 114-2 of the Criminal Code of Ukraine provides for responsibility for the following acts:

• Dissemination of information on the movement and delivery of arms, weapons and military supplies to the territory of Ukraine.
• Dissemination of information about the movement, movement or location of the Armed Forces of Ukraine or other Ukrainian armed forces.

According to the second part of Article 114 of the Criminal Code of Ukraine, photographing the positions of the Armed Forces is punishable by imprisonment for a term of 3 to 5 years.

At the same time, the main reason for bringing the suspects to justice is the fact that the Ministry of Defense of Ukraine, the General Staff of the Armed Forces of Ukraine, the Security Service of Ukraine, and the Main Intelligence Directorate of Ukraine did not post or distribute this information.

If these materials were published, those involved in the case will be punished in the form of imprisonment for a term of 5 to 8 years. If the actions were committed by a group of persons with a prior conspiracy or for the purpose of providing information about the positions and movements of the armed forces to the aggressor state, this is punishable by imprisonment for a term of 8 to 12 years.

Dissemination of information means any actions related to bringing certain information to an unspecified circle of people. Such actions are considered to be:

• Publications in mass media.
• Placement on the Internet.
• Radio or television announcements.

Assistance of the lawyer to the accused under Article 114-2 of the Criminal Code of Ukraine

To date, more than a hundred guilty verdicts have been handed down under Article 114-2 of the Criminal Code of Ukraine. After a detailed analysis of court practice, the lawyers of "PRIKHODKO & PARTNERS" came to the conclusion that the category of "dissemination of information about the deployment of military equipment" includes, among other things, videos posted on websites, in social networks, or even sending videos to chat bots.

For example, video recording can qualify as an unfinished crime. That is why we do not recommend filming and publishing information about the movement of armed forces.

If you or your loved ones have been accused of committing a criminal offense under Article 114-2 of the Criminal Code of Ukraine, contact our professional lawyers.