Two conscripts, detained in November before training, were sentenced to three years in prison for refusing to obey the commander’s order to take part in hostilities as part of a military operation. On this subject informed Kommersant, citing sources familiar with the criminal case documents.
According to the newspaper, Yuri Degtyarev and Aleksey Selivanov became the defendants in the first criminal case under Part 2.1 of Art. 332 of the Criminal Code of the Russian Federation (“Failure to comply with the order of the leader, given in the prescribed manner, during martial law, in time of war or in conditions of armed conflict or combat operations, as well as refusal to participate in military or hostilities”). This provision was introduced into the Criminal Code in 2022. They were detained in the Belgorod region, right on the parade ground in front of the formation.
According to the documents of the criminal case, Degtyarev and Selivanov were drafted into the army after the announcement of the partial mobilization and were found fit for service in the “A” category. In October, Degtyarev took part in the hostilities, and then he was returned to the unit. In November, Degtyarev and Selivanov, while in the barracks, did not obey the order of the head of the unit – to receive personal weapons and armor and leave for places of special tasks for make up for the lack of units. Two soldiers first verbally refused to carry out the order, then filed reports.
According to the investigation, Degtyarev and Selivanov caused significant harm to the interests of the service, undermined military discipline and command authority, impeded the staffing of the unit, and increased the burden on other servicemen. Their actions were requalified under the more severe part 2.2 of art. 332 of the Criminal Code of the Russian Federation, which provides for up to ten years in prison for refusing to comply with an order as a member of a group with serious consequences.
On December 8, the case was submitted to the military court of the Kursk garrison, and on December 22 the verdict was pronounced.
The lawyer for one of the convicts appealed to the 2nd Military Court of the Western District of Moscow. He said the two soldiers pleaded guilty, repented and expressed their desire to participate in the military operation. The defense also noted that the commander, after announcing the combat order, deliberately asked about the presence of people among the military who did not want to carry it out, which provoked Degtyarev and Selivanov. The court dismissed the complaint and did not commute the sentence.
