Legal Qualification of Recording and Transmitting Data on Armed Forces
Article 114-2 of the Criminal Code of Ukraine (CCU) was introduced at the onset of Russia's full-scale aggression to counter enemy intelligence and fire adjustment. It establishes criminal liability for unauthorized dissemination of information regarding the direction, movement, location, or strength of the Armed Forces of Ukraine (AFU) and other military units if such information is not officially published by the General Staff.
Key Provisions of Article 114-2 (CCU)
The article contains several parts differentiating liability:
- Part 1 (Basic Offense): Dissemination of information about AFU movements or locations under martial law or a state of emergency (Penalty: imprisonment from 5 to 8 years).
- Part 2 (Aggravated Offense): Acts committed by prior agreement within a group, intended to provide information to an aggressor state or causing severe consequences (Penalty: imprisonment from 8 to 12 years).
- Part 3 (Especially Aggravated Offense): Acts committed by an official or repeated offenses (Penalty: imprisonment from 8 to 12 years).
Purpose — Protection of Life and Defense: Punishment applies to Russian agents, informants, and collaborators among Ukrainian citizens who, via phones, social networks, or in person, transmit data necessary for precise strikes against Ukrainian positions or facilities. Examples: revealing coordinates of military convoys, ammunition depots, or equipment movements; assisting artillery and missile targeting by Russian forces.
Evidence of Violation (Data Transmission and Fire Adjustment)
Violations classified under Article 114-2 CCU include:
- Photo and video recording: Filming and publishing on social media or directly transmitting to the enemy precise locations of units, equipment, and ammunition depots. Example: publishing coordinates of military depots in Telegram and messaging apps.
- Fire adjustment: Providing real-time GPS coordinates of targets enabling the aggressor to strike specific AFU positions. Example: using drones and phones for artillery targeting.
- Information on defensive structures: Disclosing data on fortifications, command posts, or defensive lines. Example: identifying engineering fortifications and passing information to the enemy.
Connection with Other Articles
- Article 111 CCU (High Treason) — if the actions intentionally harm Ukraine’s defense capability and sovereignty.
- Article 111-1 CCU (Collaboration) — if the individual cooperates with the aggressor in occupied territories.
Legal Consequences
- Severe punishment for actions that facilitate the destruction of military and civilian targets.
- Application of Part 2 up to 12 years if the intent to transmit information to an aggressor state is proven.
- Used to hold Russian agents and collaborators among Ukrainian citizens accountable, whether operating on Ukrainian territory or in the information space.
Sources
- Criminal Code of Ukraine: Article 114-2 (Text)
- Related Article: Article 111 CCU (High Treason) →
- Related Article: Article 111-1 CCU (Collaboration) →
© 2001 — Criminal Code of Ukraine. Analysis of Violations.
Source: The Aggression Archive