Article 114-1 of the Criminal Code of Ukraine in the context of war: how its content and application are changing

Dmytro Bondarchuk, counsel at EQUITY, analyzes the evolution of the application of Article 114-1 of the Criminal Code of Ukraine, the problems of broad interpretation of obstruction of the activities of the Armed Forces of Ukraine, judicial practice after 2022, and the risks of violating the principle of legality in an article for Yuridychna Gazeta.

The article covers the following key aspects:

• how the initial understanding of Article 114-1 of the Criminal Code of Ukraine has changed since 2014;
• why, after the full-scale invasion, a tendency towards an overly broad interpretation of the concept of «obstruction of the activities of the Armed Forces of Ukraine» has emerged;
• the application of Articles 114-1 and 332 of the Criminal Code of Ukraine in cases of illegal border crossing;
• the problem of proving direct intent as a mandatory element of this crime;
• the absence of a causal link in a number of criminal proceedings;
• the position of the Supreme Court on real, rather than abstract, obstruction of the activities of the Armed Forces of Ukraine;
• the rapid increase in the number of proceedings under this article and the associated legal risks;
• the significance of the principle of in dubio pro persona in wartime.

This material will be useful for lawyers, judges, law enforcement officers, and anyone involved in criminal proceedings in the field of national security.