Supreme Court overturns acquittal and sends case on obstruction of journalist's professional activity for new appeal

On 10 April 2025, the Criminal Cassation Court of the Supreme Court considered the cassation appeals of the prosecutor and the victim's representative against the verdict of the local court and the decision of the court of appeal in criminal proceedings on charges of a police officer of obstructing the legitimate professional activities of journalists.

Based on the results of the review, the panel of judges of the Criminal Cassation Court of the Supreme Court decided to partially satisfy the cassation appeals of the prosecutor and the victim's representative, to cancel the decision of the Kyiv Court of Appeal of 15 October 2024 and to appoint a new trial in the court of appeal.

According to the indictment in the criminal proceedings, the pre-trial investigation body accused the citizen of intentionally obstructing the journalist's legitimate professional activity, unlawfully banning the display of certain individuals and other obstruction of the journalist's legitimate professional activity committed by an official using his or her official position. In October 2020, in the village of Hatne, Fastiv district, Kyiv region, a journalist recorded alleged election violations. The acting head of the Chabanivsky Police Unit of the Kyiv-Svyatoshinsky Police Division of the Main Department of the National Police in Kyiv region used force against the journalist to stop the video recording and snatched the camera from her hands.

In accordance with the decisions of the courts of previous instances, the police officer was found not guilty and acquitted of the charges due to the absence of a criminal offence under Part 3 of Article 171 of the Criminal Code of Ukraine.

Disagreeing with these decisions, the prosecutor and the victim's representative appealed against them in cassation.

The full text of the resolution of the Criminal Cassation Court of the Supreme Court of 10 April 2025 in case No. 369/16037/21 (proceedings No. 51-54ккм25) will be announced on 14 April 2025 at 14:25.