Anyone out after curfew was warned they'd be considered saboteurs (armed combatants) with the express risk of being shot at and we also know Russian soldiers or mercenaries have been dressing up as Ukrainian armed forces to trick people (spies are not protected whatsoever by the Geneva convention).
Waste of time trying to figure out what's going on and since Russia is inherently untrustworthy I have to err towards Ukraine who have no reason whatsoever to hurt their own people unless they were enacting some treason.
Yep as you said Ukraine is under curfew, anyone walking around at night is treated as a Russian soldier/spy and will be shot