Legal Qualification of Unlawful Pressure and Use of Religious/Political Influence
Article 148 of the Criminal Code of Ukraine (CCU) consolidates several offenses related to violations of fundamental citizen rights, including: unlawful dismissal and illegal obstruction of lawful activities of religious organizations. In the context of occupation, this article is applied to actions of officials of occupation administrations and collaborators who use political or religious pressure to: 1) dismiss patriotic employees; 2) force clergy to submit to the control of the Russian Orthodox Church; 3) dismantle religious communities disloyal to the aggressor.
Key Provisions of Article 148 (CCU)
The article includes parts applicable to occupation scenarios:
- Part 1 (Basic Offense, Labor Rights): Unlawful dismissal for personal motives or other gross violation of labor law (Punishment: Fine, corrective labor, or restriction of freedom up to 3 years).
- Part 2 (Basic Offense, Religious Activities): Obstruction of lawful activities of religious organizations (Punishment: Fine, corrective labor, or restriction of freedom up to 3 years).
- Part 3 (Aggravated Offense): Actions committed by an official abusing their position or causing serious consequences (Punishment: Imprisonment from 3 to 5 years).
Pressure on employees and clergy: Coercing public sector employees (teachers, doctors) to cooperate with the occupation administration under threat of dismissal, as well as forcing clergy to re-register communities under the "laws" of the occupiers, qualifies as abuse of office (Part 3) and obstruction of lawful activity (Part 2). Documented examples include cases in Kherson and Zaporizhzhia regions, where teachers were dismissed for refusing to support the occupation regime, and clergy for refusing to re-register parishes under the jurisdiction of the Russian Orthodox Church.
Evidence of Violations (Political and Religious Pressure)
Violations under Article 148 CCU include:
- Unlawful dismissals: Termination of employees of institutions (schools, hospitals) for refusing to acquire Russian citizenship or work in occupation structures.
- Prohibition of religious services: Banning clergy of the Orthodox Church of Ukraine (OCU) or other non-compliant denominations from conducting religious activities.
- Coercion to change jurisdiction: Threats of property loss (churches) or personal liberty to force religious communities under the jurisdiction of the Russian Orthodox Church (ROC).
- Abuse of office: Officials of occupation administrations using their illegal position to exert pressure and repression.
Connection with Other Articles
Violations related to pressure and restriction of rights are often qualified in combination with:
- Article 172 CCU (Gross Violation of Labor Law) — as a broader provision covering labor rights violations.
- Article 35 of the Constitution (Freedom of Religion) — as a breach of constitutional guarantees.
- Article 111-1 CCU (Collaboration) — for Ukrainian citizens performing these actions in the interests of the aggressor.
- Article 438 CCU (Violation of the Laws and Customs of War) — in cases of systematic and large-scale persecution.
Legal Consequences
Article 148 CCU allows holding individuals accountable for using their position (even unlawfully under occupation) to violate fundamental labor rights and freedom of religion, with a maximum penalty of imprisonment up to 5 years. Documenting each case of unlawful dismissal or pressure on religious communities is crucial for accountability at both national and international judicial levels.
Sources
- Criminal Code of Ukraine: Article 148 (Text)
- Related Article: Article 172 CCU (Gross Violation of Labor Law) →
- Related Article: Article 35 of the Constitution (Freedom of Religion) →
© 2001 — Criminal Code of Ukraine. Analysis of Violations.
Source: The Aggression Archive