The Criminal Law Counteraction to Obstruction of Mobilization in Ukraine: Current Challenges and Solutions in the Context of the Russian-Ukrainian War
The Criminal Law Counteraction to Obstruction of Mobilization in Ukraine: Current Challenges and Solutions in the Context of the Russian-Ukrainian War

Summary/Abstract: The intensification of the mobilisation process taking place in Ukraine,given the new phase of the Russian-Ukrainian war, which began on 24 February2022 with Russian troops’ full-scale invasion of the territory of Ukraine, requirescriminal law regulation. One of the negative influences on this process is thebehaviour of those who obstruct mobilisation. Based on the study of the cur-rent law enforcement practice, such behaviour is charged under Article 114–1of the Criminal Code of Ukraine and is considered one of the ways of obstructingthe lawful activities of military formations. This article attempts to determine thespecificities of such a criminal law response to cases of obstruction of mobilisa-tion by analysing the practice of applying Article 114–1 of the Criminal Code ofUkraine, as this provision is used to counteract the obstruction of mobilisation.Research has revealed some positives and flaws concerning the description of theformulation and content of the charge; the determination of the motives for thecriminal offence; the characterization of the person accused; the results of thecase based on the charge; and the correctness of qualifying the actions of personswho obstruct mobilisation or otherwise facilitate evasion of military duty underArticle 114–1 of the Criminal Code of Ukraine. It is concluded that the currentapproach to developing effective practices for counteracting obstruction of mo-bilisation requires change. Eliminating the identified flaws and amending crimi-nal legislation is necessary for its more effective application.

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