Serviceman with shell shock was sentenced to 5 years in prison for refusing to comply with his commander’s order to force Dnieper River
A soldier of one of the marine brigades was sentenced to 5 years in prison for refusing to comply with his commander’s order to force the Dnieper River and gain a foothold in the village of Krynky, Kherson region.
This is stated in the verdict of the Snihuriv District Court of Mykolaiv region, Censor.NET reports citing the Judicial and Legal Newspaper.
What is known about the case
The case file indicates that Yurii M., a native of Ivano-Frankivsk region, served under mobilisation as a rifleman-operator in one of the marine brigades. During 2023, his brigade took part in hostilities in Donetsk region, and in the autumn of the same year, they found themselves in the territory of Mykolaiv and Kherson regions as part of the "South" group.
As the court found, on 5 November 2023, the marine company commander, at a meeting, gave his subordinates a combat order to conduct offensive operations in the direction of the village of Krynky and occupy a road intersection there. At the same time, the company commander was video recording the formation on his mobile phone.
A serviceman refused to comply with the order of his commander
Yurii M. publicly stated his disagreement with the order of the company commander and refused to comply with it. A little later, he became a subject of criminal proceedings under Part 4 of Article 402 (disobedience committed under martial law or in a combat situation) of the Criminal Code. The soldier was detained later, on 11 December. Yuriy M.'s refusal to comply with the order was also recorded on his phone camera.
In court, he did not admit his guilt: he explained that he could not comply with his commander's order to move to Krynky due to his poor physical and moral and psychological condition. He said that he had previously sustained a concussion during the hostilities.
According to him, the soldier had warned his commanders in advance of his deteriorating health and asked to be allowed to undergo a medical examination. However, the MMC did not pay attention to his complaints and declared him fit for military service. As a result, as of November 2023, Yurii M. was feeling poorly, both physically and mentally.
The defendant stated that he had asked the commander to issue another order that he could have carried out. The man had never refused to perform combat missions before.
In addition, the soldier said that he had a child with a disability and an elderly grandmother as dependents, so he asked not to be sentenced to actual imprisonment.
The soldier was not supported by his comrades
At the same time, witnesses - other soldiers of the marine company - said that Yurii M. refused to comply with the order of the commander because of his fear of water. The witnesses also reported that his refusal to comply with the order had a negative impact on the execution of the order in general.
The court's decision
In its decision, the court stressed that a commander (chief) "has the right to give orders to a subordinate, and the subordinate is obliged to execute them in good faith, accurately and within the established time limit".
According to Article 37 of the Statute of the Internal Service of the Armed Forces of Ukraine, "a serviceman, after receiving an order, shall respond: "Yes, sir" and then executes it".
Eventually, the court found the man guilty and sentenced him to 5 years in prison. The convicted soldier can still appeal.
