The Supreme Court explained why messages on Telegram about the TCC can be considered obstruction of the Armed Forces of Ukraine
The Supreme Court stated that posting information in the Telegram messenger about the location of TCC and SP units to warn community members about mobilization measures is subject to qualification under Part 1 of Article 114-1 of the Criminal Code as obstruction of the lawful activities of the Armed Forces of Ukraine during a special period.
Circumstances of the case
The accused created and administered a community in the Telegram messenger where he disseminated information about the location and movement of servicemen of the TCC and SP during their mobilization notification activities in the city of Samara, Dnipropetrovsk region.
Positions of the courts of first and appellate instances
The courts of previous instances found the accused guilty and sentenced him under Part 2 of Article 114-2 of the Criminal Code.
Position of the Supreme Court
The Criminal Cassation Chamber of the Supreme Court changed the decisions of the lower courts, requalifying the actions of the accused under Part 1 of Article 114-1 of the Criminal Code.
The panel of judges of the Criminal Cassation Chamber indicated that the lower courts overlooked circumstances affecting the correct qualification of the accused’s actions. Thus, the pre-trial investigation body qualified the accused’s actions under Part 2 of Article 114-2 of the Criminal Code as dissemination of information about the location of the Armed Forces of Ukraine with the possibility of their identification on the ground, which was not publicly available from the General Staff of the Armed Forces of Ukraine, the Ministry of Defense of Ukraine, or other authorized state bodies, committed under martial law conditions.
According to the Laws "On the Armed Forces of Ukraine," "On the Defense of Ukraine," and the "Regulations on Territorial Recruitment and Social Support Centers" approved by the Cabinet of Ministers of Ukraine Resolution No. 154 dated 23.02.2022, the TCC and SP are military management bodies that ensure the implementation of legislation on military duty and military service, mobilization training, and mobilization. Therefore, the TCC and SP are structural units of the Armed Forces of Ukraine.
As seen from the case materials, in the Telegram community created by the accused, he posted information about the location of TCC and SP units to warn participants of this community about mobilization measures so that, having received such information, they could avoid checks and evade mobilization, thereby obstructing the conduct of these measures and thus obstructing the lawful activities of the Armed Forces of Ukraine. Considering the above, the actions of the accused are subject to legal qualification under Part 1 of Article 114-1 of the Criminal Code as obstruction of the lawful activities of the Armed Forces of Ukraine during a special period.
The ruling of the panel of judges of the First Judicial Chamber of the Criminal Cassation Chamber of the Supreme Court dated June 16, 2026, in case No. 183/12045/24 (proceeding No. 51-483km26).
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