“Hnezdilova’s lawyer says that her client should be charged with SZH, not desertion”, — write: www.radiosvoboda.org
Before the meeting, Hnezdilov recalled his desire to return to the military unit. However, he claims that brigades that expressed willingness to accept him were under pressure. He called the process itself “politicized”, without revealing details.
Previously, the defense submitted a petition for the release of Gnezdilov from criminal liability and an appeal for his return to service.
Prosecutor Mykola Shelest reported that the military unit refused, but stated:
“I don’t think it’s an attempt to pressure. If Serhii finds a place of service, he will return there.”
Hnezdilova’s lawyer Anastasia Burkovska disagrees with the qualification of the case in which her client is accused of desertion.
“We have already said more than once that this is a wrong qualification, it should be an arbitrary omission of a part. They noted the decision of the Supreme Court, which the prosecutor, as a state authority, should take into account. Instead, I was assured that they still see desertion.”
According to her, before leaving the place of service, Gnezdilov publicly announced his plans to return, while desertion involves the intention to leave the military service permanently.
Read also: SZCH: why servicemen leave the army and how to solve the problem?
“Serhii Gnezdilova said on Facebook, in many interviews: I am ready to return when I am 25 years old, that is in May 2025. Or when they adopt a law on demobilization, clear terms of service. This indicates that the person wants to return to the service. In addition, before the indictment was handed over, Serhiy filed a petition to return to military service.”
Therefore, claims Burkovska, he should be charged with voluntarily leaving the unit.
Hnezdilova’s defense attorney confirmed his words about the pressure that prevented the soldier from returning to service, but did not comment on them in detail.
The judge ultimately decided that this case should not be heard in this court, and sent the materials to the Dnipro Court of Appeals to determine which court should consider the case on its merits.
Read also: Hnezdilova is not charged with the SZCH, but with desertion: what are the options for a court sentence?
On September 1, Serhiy Gnezdilov, who joined the ranks of the Armed Forces in 2019, voluntarily left the military unit and announced this publicly in order, according to him, to draw attention to the need for rotations for the infantry, as well as to the lack of clear terms for service.
The 56th Military Police Brigade reacted to Gnezdilov’s actions: they appointed an official investigation and declared that the soldier “committed actions that contain signs of a criminal offense.” Opinions in society about the SZCH of Gnezdilov were divided: some criticized the voluntary dismissal from the unit, while others, on the contrary, supported it.
Hnezdilov also wrote on his Facebook about at least 80,000 cases of SZH. RFE/RL has sent a request to the Ministry of Defense for this information, but has not yet received a response.
Hnezdilov pointed out that “SZCH is a criminal offense”, however, he called for solving problems, and not being silent about them. On September 24, the prosecutor’s office announced the opening of criminal proceedings against him.