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Journal of the National Academy of Legal Sciences of Ukraine

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Obstruction of the lawful activities of the armed forces of Ukraine (article 114-1 of the Criminal code of Ukraine): legal abstraction or legal universality?!

Roman M. Shestopalov

Received 27.01.2026, Revised 18.03.2026, Accepted 30.06.2026

Abstract

This article provides a critical analysis of the legal substance and enforcement patterns of Article 114-1 of the Criminal Code of Ukraine during the "special period." The study explores the scientific dichotomy between "legal abstraction" and "legal universality" inherent in this provision. The author examines the article’s disposition through the lens of the "net-widening" theory, highlighting the amorphous nature of the term "obstruction," which poses significant risks to legal certainty and the principle of nullum crimen sine lege. The author argues that the broad phrasing of the article is less a deliberate attempt by the legislature to create a "legal universal" for countering hybrid threats–both in the information and physical spheres of the Armed Forces' activities–and more a result of flawed legal drafting during the legislative process. Furthermore, the article contends that excessive discretion granted to law enforcement and judicial authorities in interpreting this norm may lead to arbitrary interference with constitutional rights and a distortion of the original objectives set for this provision in 2014. Based on an analysis of judicial practice, the study identifies trends toward an expansive interpretation of the actus reus and proposes a transition to a "sniper approach"–a precise specification of the forms of obstruction. This would enable the demarcation of criminal acts from the lawful exercise of individual rights and freedoms, as well as distinguish obstruction of the Armed Forces' activities from related offenses, such as the unauthorized dissemination of information regarding the movement or deployment of the Armed Forces and weaponry under martial law or a state of emergency. Consequently, the purpose of this article is to conduct a scholarly and practical analysis of Article 114-1 of the Criminal Code of Ukraine to achieve the following objectives: to define its general, essential, and specific characteristics; and to provide recommendations for the legal refinement of criminal liability for obstructing the Armed Forces and related crimes. This is achieved through the differentiation of identical or similar criminal acts based on the object, the subject matter of the offense, and the vector of criminal intent. These findings were facilitated by the application of methods including legal abstraction, legal universality, and critical analysis, alongside empirical methods (studying judicial practice and law enforcement operations). The study also utilized the formal-dogmatic (legal-technical) method synthesized with hermeneutics, as well as comparative-legal, dialectical, and systemic-structural approaches. This methodological framework allowed for the isolation of the essential elements of the actus reus and mens rea of the offense, the clarification of the object of the crime, the identification of technical legal gaps in the provision's construction, and a profound analysis of enforcement trends, resulting in evidence-based and practically relevant recommendations for the application of the law.

Keywords:

obstruction; activities of the Armed Forces of Ukraine; legal understanding; law enforcement; judicial practice

https://doi.org/10.31359/1993-0909.2026.33.2.241

Retrieved from Journal NALSU №2, 2026 year

Pages 241-261

References Suggested citation

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Suggested citation

Shestopalov, R.M. (2026). Obstruction of the lawful activities of the armed forces of Ukraine (article 114-1 of the Criminal code of Ukraine): legal abstraction or legal universality?!. Journal of the National Academy of Legal Sciences of Ukraine, 33(2), 241-261. https://doi.org/10.31359/1993-0909.2026.33.2.241