State Border Guard Units of Ukraine classified as military formations; dissemination of information about their location qualifies as a criminal offence under Article 114-2(2) of the Criminal Code of Ukraine – SC CrimCC

In this criminal proceeding, the courts of previous instances found the defendant guilty and convicted her under Part 2 of Article 114-2 of the Criminal Code of Ukraine for transmitting information about the location of units of the State Border Guard Service of Ukraine to her relative residing in the Russian Federation. In the cassation appeal, the defence argued that the State Border Guard Service of Ukraine does not belong to the Armed Forces of Ukraine, and therefore the conclusion of the lower courts that the accused disseminated information about the location of the Armed Forces of Ukraine was erroneous.

Upholding the decisions of the lower courts, the Supreme Court stated that, according to Part 5 of Article 12 of the Law of Ukraine of 6 December 1991 No. 1932-XII “On the Defence of Ukraine”, during martial law, border detachments and/or maritime guard units of the State Border Guard Service of Ukraine, as determined in accordance with established procedures, are involved by the respective military command authorities of the Armed Forces of Ukraine in covering the state border of Ukraine, eliminating (neutralizing) armed conflicts at the state border, participating in international armed conflicts, and repelling armed aggression against Ukraine.

In addition, under the Law of Ukraine of 3 April 2003 No. 661-IV “On the State Border Guard Service of Ukraine”, the State Border Guard Service of Ukraine is entrusted with ensuring the inviolability of the state border and protecting Ukraine’s sovereign rights in its adjacent zone and exclusive (maritime) economic zone. During martial law, border detachments may, in accordance with the law, be engaged by the relevant military command authorities of the Armed Forces of Ukraine to eliminate (neutralize) armed conflicts at the state border, participate in international armed conflicts, and repel armed aggression against Ukraine. The provisions of this Law establish that the personnel of the State Border Guard Service of Ukraine consist of military servicemembers and employees of the State Border Guard Service of Ukraine. Military servicemembers of the State Border Guard Service who are discharged from military service are transferred to the reserve of the Armed Forces of Ukraine.

According to the Law of Ukraine of 21 June 2018 No. 2469-VIII “On National Security of Ukraine”, the Defenсe Forces consist of the Armed Forces of Ukraine as well as other military formations established in accordance with the laws of Ukraine, law enforcement and intelligence agencies, and special-purpose bodies with law enforcement functions entrusted by the Constitution and laws of Ukraine with ensuring the defenсe of the state.

Thus, the units of the State Border Guard Service of Ukraine, the locations of which the defendant disclosed to her relative during phone conversations, belong to the category of other military formations established in accordance with the laws of Ukraine. Consequently, such actions fall within the scope of the offenсe provided for in Part 2 of Article 114-2 of the Criminal Code of Ukraine.

Resolution of the Criminal Cassation Court within the Supreme Court of 12 August 2025 in case No. 576/3421/23 (proceedings No. 51- 1456км24) - https://reyestr.court.gov.ua/Review/129526592.

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