Legal Qualification of Unlawful Data Collection and Interception of Communications
Article 31 of the Constitution of Ukraine guarantees the privacy of correspondence, telephone conversations, telegraph, and other communications. Exceptions to this rule may only be established by a court in cases prescribed by law. During the armed aggression by the Russian Federation, occupation forces systematically violate this provision by conducting mass unlawful data collection, forced inspections of personal phones, and interception of civilian communications.
Key Provisions of the Constitution of Ukraine
- “Everyone is guaranteed the privacy of correspondence, telephone conversations, telegraph, and other communications.”
- “Exceptions may only be established by a court in cases provided by law, for the purpose of preventing a crime or establishing the truth in the investigation of a criminal case, if it is impossible to obtain the information by other means.”
Violation of Sovereign Guarantees: The guarantee of communication privacy is absolute and cannot be revoked by any normative acts of the occupation administration. Any interference with communications without a lawful court decision of Ukraine is unconstitutional and qualifies as a criminal offense.
Evidence of Violations (Mass Unlawful Data Collection)
- Forced Inspection of Mobile Phones: Systematic checks of civilians’ mobile phones at checkpoints and during "filtration measures" to identify pro-Ukrainian contacts, correspondence, or photos, as well as installation of spyware. Examples: mass inspections in Kherson and Zaporizhzhia regions in 2022–2023.
- Hacking and Account Control: Unauthorized access to messenger, social media, and email accounts, with subsequent use of confidential information to intimidate or persecute civilians.
- Unlawful Interception: Establishing technical control over communication means in occupied territories to intercept telephone conversations and data (violation of Article 163 of the Criminal Code of Ukraine), documented by numerous human rights organizations.
Legal Consequences
Systematic violations of Article 31 of the Constitution of Ukraine provide grounds for:
- Criminal prosecution of perpetrators under Article 163 of the Criminal Code of Ukraine (Violation of Correspondence Privacy) and Article 438 of the Criminal Code of Ukraine (Violation of the Laws and Customs of War).
- Evidence of crimes against humanity, as the mass deprivation of the right to communication privacy and the use of obtained information for repression constitutes part of a policy of terror and intimidation.
- Application of documented facts in international investigations to hold commanders of occupation forces and Russian state structures accountable.
Sources
- Constitution of Ukraine: Article 31 (Text)
- Criminal Code of Ukraine: Article 163 (Violation of Correspondence Privacy) →
- Related Article: Article 438 of the Criminal Code of Ukraine (Violation of the Laws of War) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive