SOCIAL CONDITIONALITY OF RESPONSIBILITY FOR OBSTRUCTING THE LAWFUL ACTIVITIES OF THE ARMED FORCES OF UKRAINE

Abstract

   his scientific article examines the phenomenon of social conditioning of criminal liability for obstructing the lawful activities of the Armed Forces of Ukraine as an indicator of the real connection of criminal legislation 
with the current needs of society. The author argues that criminal law cannot exist outside the social context 
and is a state response to threats that undermine security, stability and law and order. In particular, it concerns 
the criminalization of acts that block or complicate the performance of the functions of the Armed Forces 
of Ukraine – an institution that ensures defense, sovereignty and integrity of the state in conditions of armed 
aggression. At the same time, the factors influencing the process of criminalization are analyzed directly 
within the framework of the study: prerequisites (historical, political, informational, security) and principles 
(necessity, proportionality, certainty). It is substantiated that the introduction of Article 114-1 into the Criminal 
Code of Ukraine was not a political or declarative gesture, but a response to an objective social need for legal 
protection of national security.
Within the framework of the scientific article, special attention is paid to the role of information security, 
where obstruction of the activities of the army can take the form of disinformation, sabotage, manipulation 
of public opinion or disruption of military logistics. It is determined that the above-mentioned actions 
are subversive in nature and therefore require criminal legal assessment. The norm on liability for such 
an encroachment performs not only a repressive, but also a preventive and educational function, emphasizing 
the state’s ability to self-defense.
As a result, it is established that the norm providing for criminal liability for obstruction of the lawful 
activities of the Armed Forces of Ukraine is a legal instrument that has a deep social conditionality. Its 
presence in the Criminal Code corresponds to both public expectations and the basic principles of criminal 
policy. Thus, we can state that this approach allows us to strengthen the legal foundation of the state’s defense 
capability, establish the rule of law in wartime, and ensure the legitimacy of legal mechanisms for protecting 
national interests.