PROBLEMS OF DETERMINING THE OBJECT OF THE CRIMINAL OFFENSE “OBSTRUCTION OF THE LAWFUL ACTIVITIES OF THE ARMED FORCES OF UKRAINE AND OTHER MILITARY FORMATIONS”

Abstract

The article examines the object of the criminal offense provided for by Article 114-1 of the Criminal 
Code of Ukraine, which concerns obstruction of the lawful activities of the Armed Forces of Ukraine (AFU) 
and other military formations. Particular attention is paid to clarifying the essence of the main and optional 
object of this offense in the context of ensuring national security, sovereignty, territorial integrity and defense 
capability of the state. Analysis of regulatory and legal sources, in particular the Constitution of Ukraine, 
the Law of Ukraine «On the Armed Forces of Ukraine» and special legislation, allows us to assert that the 
AFU is a key guarantor of national defense and stability of the state system. In this regard, any interference 
in their lawful activities is considered an encroachment on strategically important public relations. It is 
established that the main object of the crime under study is public relations in the field of national security, 
in particular, those that ensure the functioning of the defense sector, state sovereignty, state integrity 
and stability of government bodies. At the same time, the optional object is determined depending on the 
specific circumstances of the offense and may cover public relations related to the protection of life, health, 
preservation of military and critical infrastructure facilities, as well as the inviolability of the state border. 
The formal structure of the offense is revealed, which does not require the mandatory presence of material 
consequences, which complicates the process of legal assessment and proof of public danger. The scientific 
analysis is also based on the conclusions of experts in the field of criminal law regarding the remote nature 
of the harm and its qualitative nature, which justifies the choice of the formal composition of the crime 
by the legislator. It is concluded that obstructing the activities of the Armed Forces of Ukraine is not just 
a restriction on the performance of military functions, but an encroachment on key elements of state security. 
The legislator, covering a wide range of objects of criminal law protection, focuses not only on the direct 
consequence, but also on the very threat to the effective functioning of the defense mechanism. In this 
regard, the need for a comprehensive approach to the legal qualification and application of criminal liability 
under Article 114-1 of the Criminal Code of Ukraine is substantiated.