Analysis of the practice of application of Article 114-2 of the Criminal Code of Ukraine (Unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, movement or deployment of the Arme

The article analyzes the practice of consideration of cases under Article 114-2 of the Criminal Code of Ukraine, which provides for liability for unauthorized dissemination of information on the sending, movement of weapons, armaments and ammunition to Ukraine, movement, relocation or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under martial law or a state of emergency. During the monitoring of court decisions posted in the State Register of Court Decisions for 2022 and 2023, 112 guilty verdicts were identified and analyzed, which were delivered by courts between March 24, 2022 and December 31, 2023 (except for those verdicts where information is prohibited for disclosure). During the analysis of the guilty verdicts, it was found that most of the persons were convicted under Part 2 of Article 114 of the Criminal Code of Ukraine and Part 3 of Article 114-2 of the Criminal Code of Ukraine. The author also examines what information was most often disseminated. The author identifies the most typical forms of active actions as a sign of the objective side of the crime, the peculiarities of their commission, the most common methods and tools of crime and qualifying features. Based on the analysis of the verdicts, a number of conclusions are drawn about the typical motives for this crime and the identity of the perpetrator, the presence/absence of sincere remorse, and the confession of guilt. Certain trends in sentencing of perpetrators are identified. In particular, it is noted that in 2022, courts actively used the institute of release from serving a sentence with probation (57% of convicts), but in 2023, 70% of perpetrators were sentenced to «real» imprisonment. As a result of the generalization, the author outlines the most typical criminal law features of this crime. In order to clarify the peculiarities of the offender’s portrait, the data from the report «On Persons Who Committed Criminal Offenses» for 2022-2023 were analyzed. In particular, the number of persons identified under Art. 114-2 of the Criminal Code of Ukraine, their structure by gender, age, citizenship, education, employment, presence/absence of a criminal record, and the peculiarities of the crime (committed in complicity, while intoxicated) are determined. Certain characteristics, such as a person’s place of birth, marital status, dependent minor children, and disabled parents, were identified through sentence monitoring. As a result of summarizing these data, the author outlines a portrait of the offender.