In Russia, called the punishment for the military who went over to the side of Ukraine

“Up to ten years”

The Kiev authorities decided to create paramilitary formations from among the Russian military who were captured during a special military operation on the territory of Ukraine. They decided to call the new “army” the “Freedom of Russia” legion. A briefing was held in Kyiv the day before with the participation of several legionnaires. “MK” asked the lawyer what kind of responsibility Russian laws provide for the military who went over to the side of the enemy.

Photo: Gennady Cherkasov < p>As the participants of the briefing said, they are former Russian servicemen who were taken prisoner, voluntarily decided to cooperate with the armed forces of Ukraine (AFU) and join the militia that opposes Russian troops on the territory of Ukraine. Their names and surnames “legionnaires” They did not name him, allegedly fearing for the fate of their relatives in Russia. They also did not answer the question whether their unit is subordinate to the Armed Forces of Ukraine.

Naturally, during the briefing, the methods of psychological influence that might have been applied to prisoners of war so that they began to cooperate with the enemy were not discussed during the briefing. The usual tricks in these cases — threats to life and health, as well as threats against relatives.

Soon, comments on the story about the “legionnaires” appeared on social networks. Some of them, as netizens write, were even identified. Presumably, the former commander of a branch of one of the Russian military units took part in the briefing, as well as & nbsp; OMON officer from Novokuznetsk.  It is reported that they could have been captured on the first day of the special operation.

There was no official confirmation of this information from the Russian law enforcement agencies.

If we assume that what was said during the Kiev briefing — true, then there is the fact of cooperation between the serviceman and the enemy and the transition to his side. What responsibility in this case threatens the soldier according to the law? About this “MK” story expert of the All-Russian movement “Strong Russia” on legal issues,  Honored Advocate of Russia Dmitry Krasnov: 

— Of the materials provided by the media, nothing is concrete yet. Some of the “legionnaires” they say that they are Russian soldiers and voluntarily went over to the side of the Armed Forces of Ukraine, and some — that they were taken prisoner. If they defected to the side of the Armed Forces of Ukraine voluntarily, then they are liable under Article 338 of the Criminal Code of the Russian Federation — for desertion. Such a crime is punishable by imprisonment for up to ten years.

I would love to hear what these people have to say. As far as I understand, they promote neo-Nazi ideology. That is, article 354.1 of the Criminal Code of the Russian Federation is most likely applicable here — rehabilitation of Nazism. Composition of the crime — denial of the results of the Second World War, praise of the Nazi ideology, etc.

As for their entry into some kind of legion, a military formation directed against the Russian Federation, then, most likely, this falls under the article 359 — mercenary. Mercenary — a person acting for the purpose of obtaining material reward and not being a citizen of the state,   participating in an armed conflict. They are not citizens of Ukraine, as I understand it. These are Russian citizens who deserted from the Russian Armed Forces and went over to the side of the enemy. At the same time, they, as mercenaries, were provided with food, & nbsp;   weapons, ammunition. In this case, they will face liability under Article 359 Part 3 of the Criminal Code of the Russian Federation. The punishment for it is imprisonment from three to seven years. 


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