Application practice of Article 109 of the Criminal Code of Ukraine
It can be concluded that the courts corrected the total cruelty of SBU shown during the pre-trial investigation. In general, the case law was humane, if one is to be certain that the defendants sentenced to probation were not used forcibly for the exchange, meaning that the release was not caused by that very need.
Application practice of Article 110 of the Criminal Code of Ukraine
Given the case law it could be said that the statements about the mass political persecutions of the supporters of federalization, division of Ukraine and self-proclaimed “people’s republics” are groundless, although in some individual cases the criminal prosecution can be reasonably called a political one.
Investigation of individual terrorist crimes
In 2013 there were only 4 criminal cases in the SSU proceedings concerning the terrorist acts. In 2014-2019 the investigators from SSU most often used Article 258 of the CC of Ukraine (terrorist act) and Article 258-3 of the CC of Ukraine (the creation of a terrorist group or a terrorist organization) for qualification of terrorist crimes.
The practice of application of Article 111 of the Criminal Code of Ukraine
Article 111 punishes for an especially serious crime of the state treason. Judicial practice has shown that the transfer of information to a foreign country or organisation was also interpreted as assistance in subversive activities against Ukraine in the cases when the information did not contain a state secret.
Criminal proceedings under Article 111 of CC of Ukraine against the journalists
The question is – where in Ukraine ends the freedom of expression and starts the state treason? The boundary between them is not defined.