Most prisoners (but not all) were given the opportunity to serve their homeland with weapons in their hands.
49-year-old Kharkov resident Vyacheslav Sinyavsky served almost half of his life in prison - about 23 years. He was repeatedly convicted of theft, hooliganism, robbery, banditry, drug possession and even escaping from custody. In July 2022, he was jailed again for four years for robbery.
Vyacheslav Sinyavsky became one of almost four thousand convicts who took advantage of the right to parole in exchange for voluntary mobilization into combat units of the Armed Forces of Ukraine.
NGL.media analyzed several thousand court rulings to understand who these people are.
HOW DID THE JOURNALISTS DO THIS?
According to the law, convicts are released under Article 81-1 of the Criminal Code. Using the search term “81-1” for the period from 05/18/2024 to 07/24/2024, we received more than 6,000 documents in the court registry, which generally fell within our request. After repeated machine and manual analysis, duplicates and documents that did not relate to parole were taken away. This left a sample of 3,611 parole-for-military contract orders that were analyzed selectively. In another 47 cases, the court refused to release convicts who expressed a desire to serve in the Armed Forces of Ukraine.
Release in exchange for military service became possible in May after the new law came into force. Most prisoners (but not all) were given the opportunity to serve their homeland with weapons in their hands. In addition to their personal desire to fight, they also need to obtain permission from the court and the prison administration, as well as the consent of the commander of a specific military unit.
An analysis of the court registry conducted by NGL.media shows that in two months, 3,611 convicts have already taken advantage of this opportunity. This is more than 13% of the total number of prisoners in Ukrainian colonies. In general, the government expects to mobilize at least 4 thousand convicts, Justice Minister Denis Malyuska previously stated. This is actually a full-fledged separate brigade of the Ukrainian Armed Forces.
More than half of the releases occurred in the last two weeks of May, when the law first came into force. In June and July, the dynamics decreased significantly, but the figure announced by the minister has already been almost reached - and only in two months.
40% previously convicted
If we analyze the nature of the crimes committed by former prisoners, the vast majority of them were convicted of theft, robbery, robbery or grievous bodily harm, including those resulting in the death of the victim. Almost all of them will serve exclusively in rifle positions. Judging by court rulings, only a few of those laid off will serve as orderlies, cooks or drivers.
NGL.media analysis data shows that 40% of this contingent are people with multiple convictions. This is a fairly significant share, since in general among convicts the share of those with previous convictions has been 25-26% over the last few years.
One typical example is 35-year-old Dmitry Strashnikov from the Kharkov region, sentenced to five and a half years in prison for theft. He had previously been tried several times for similar crimes. In total, he spent almost 16 years in prison, and was first convicted at the age of 15.
50-year-old Andrei Serov from the Dnepropetrovsk region, who served in colonies and prisons for about 26 years, also decided to serve. Previously, he was convicted of premeditated murder, possession of firearms, robbery and theft. And the last time he was convicted of fraud and car theft.
How the law works
Of course, not every prisoner has the right to be released to serve in the army. Firstly, you must be fit for service, which must be confirmed by a military medical commission (MMC). Secondly, the release of those convicted of a number of serious crimes is prohibited. Those who held a particularly responsible position - for example, deputies or officials - cannot take advantage of the right to parole.
WHAT CONVICTED CONVICTS ARE PROHIBITED TO MOBILIZE?
Those convicted of crimes against the fundamentals of national security, terrorism, murder or attempted murder of a law enforcement official, premeditated murder of two or more persons, murder with particular cruelty or combined with sexual violence, all crimes of a sexual nature, especially serious cannot be released early for mobilization. corruption crimes, road accidents while under the influence of alcohol or drugs, resulting in the death of two or more persons. Also, those who, according to subparagraph 1 of paragraph 3 of the note to Article 368 of the Criminal Code of Ukraine, held a particularly responsible position (deputies, ministers, deputy ministers, etc.) do not have the right to dismissal, regardless of the crime.
If the court allows mobilization, the prisoner is released on parole only from the main punishment of imprisonment. However, other restrictions - for example, deprivation of the right to drive a vehicle or hold a certain type of position - remain in force.
Certain restrictions also apply to them. For example, they are not entitled to annual leave, but can receive up to 10 days of leave for family reasons or after concluding an IHC for the duration of treatment. The court also establishes additional administrative supervision in relation to them, which must be carried out by the commander of the military unit. The contract with former prisoners is concluded until the end of martial law - this is the main condition for early release.
It is worth noting that for evading the conclusion of a contract they face a punishment of 5 to 10 years in prison, while the general liability for evading mobilization provides for 3-5 years in prison.
Where will they serve? Currently there is no clearly defined algorithm. Earlier, Defense Ministry spokesman Dmitry Lazutkin claimed that former prisoners would serve in separate special units. However, for example, in the Third Assault Brigade of the Ukrainian Armed Forces they decided to integrate these people into existing platoons.
What is the procedure for mobilizing prisoners
Deputy Minister of Justice Elena Vysotskaya told NGL.media that the main prerequisite for this process is the personal desire of the convicted person. “Only after he has expressed his desire, all other processes begin - this is the preparation of documents, interviews with commanders and the military military commission,” she says.
According to Vysotskaya, when a colony reaches a certain number of people willing to mobilize, representatives of various brigades are invited there to talk about the features of the service. At the same time, convicts have the opportunity to choose their place of service. If the brigade commander still refuses to take a specific convict, he will wait in the colony until someone else agrees to take him.
A petition for the mobilization of a convicted person reaches the court only when he was able to go through all the stages: he wrote a statement, received the consent of the colony administration, passed the IHC, received the consent of the commander, who was previously familiar with the personal file of the convicted person.
Having received permission from the court, the convict goes to a military unit, where he enters into a contract, after which the process of his military training begins.
“After the court decision [on permission to mobilize], these are already free people, the only restriction for them is a contract until the end of martial law,” says Elena Vysotskaya.
According to the Secretary of the Verkhovna Rada Committee on National Security Roman Kostenko, about 3,800 convicts have already been mobilized in this way. There are currently 3,611 release orders published in the court register.
Someone changed their mind at the last moment, someone was banned by the court
Sometimes, although not often, courts deny convicts their desire to join the Armed Forces of Ukraine. NGL.media has so far found only 47 such cases, and in 23 cases they themselves changed their minds about mobilizing. Such convicts continue to serve their sentences.
But in another 24 cases, it was the courts that refused parole. The reasons are different - for example, the convict did not pass psychological selection, or the Military Military Commission recognized him as suitable only for service in the rear, or the convict does not have the right to such release at all. So the court rejected Andrei Larchenko from the Sumy region, who is serving a sentence for corruption of a minor - this category of prisoners cannot be mobilized.
Among the 24 refusals analyzed by journalists, the judge of the Dzerzhinsky District Court of Krivoy Rog, Natalya Litvinenko, especially stands out, who refused 11 convicts even though they had all the necessary permits and were not on the list of those limited to mobilization.
For example, she refused to mobilize Alexander Koshelev from the Dnepropetrovsk region, who is serving a sentence for the murder of his own father. “When carrying out combat missions, the Armed Forces of Ukraine is a well-coordinated team, where fighters rely on each other, and not a place for re-education,” the judge explained her position.
However, the prosecutor's office filed an appeal against this decision, which was granted. According to the judges of the Dnieper Court of Appeal, the grounds for refusal were insufficient, since there is a public interest in preserving statehood, which means there is an advantage in the matter of protecting the Fatherland and its territorial integrity over negative information about the accused.
Natalya Litvinenko also refused to mobilize Vladislav Koval from a local correctional colony, who systematically violates the internal regime of the colony, refuses to work and generally tries to occupy a certain position in the criminal hierarchy. The prosecutor's office also filed an appeal against this decision; there is no decision on it yet.
It is worth noting that if the court refuses a request to mobilize a convicted person, he can submit a new application only three months from the date of refusal.
Killed and tortured
Prisoners convicted of one murder and also have the right to mobilization. This means that 44-year-old Alexander Gryakalo, who was sentenced to 9 years in prison for the murder of his girlfriend in May 2020, was able to take advantage of this opportunity. Then, in a drunken state, he simply beat her to death.
In court, Gryakalo did not admit guilt in murder, although he had previously repeatedly used force against the girl and was sentenced for this in 2019 to three years of probation.
Mikhail Kovtun from the Vinnytsia region, sentenced to 9 years for the murder of his own mother, also took advantage of the right to mobilization. As the court found, he repeatedly used violence against his mother, and as a result of another beating in October 2021, she died.
In general, 38 people convicted under Article 115 of the Criminal Code (premeditated murder) have already taken advantage of the right to parole in exchange for mobilization.
Prisoners for torture are also not subject to the restrictions. For example, 32-year-old Alexander Trubach from the Sumy region, who was serving a sentence for torturing a person, will serve in the Armed Forces of Ukraine. In December 2018, he and several other accomplices abused two men, one of whom died as a result. As the court found, Trubach filmed the bullying and also supported the actions of his accomplices in every possible way.
Another person convicted of torture, Pavel Sidorenko from Poltava, will also serve in the Armed Forces of Ukraine. In February 2023, he and a friend tied up and severely beat the victim because he refused to drink alcohol with them.
The military returns to duty
Some former military men who ended up behind bars also took advantage of the right to mobilization. For example, former border guard, 22-year-old Vasily Stavila, who deserted with weapons in June 2021, will serve again. Later in court, he explained his actions as psychological problems due to a breakup with his girlfriend.
28-year-old Andrey Pristupa from the Rivne region, who, while serving in the Armed Forces of Ukraine in August 2022, drunk and killed a child with a motorcycle in one of the villages of the Rivne region, mobilized in the same way. The court found that Pristupa suffered from alcohol addiction; on the eve of the tragic accident, he was even treated in a hospital due to mental disorders due to alcohol consumption. His addiction was confirmed by the commander of the military unit where Pristupa served. As a result, he was sentenced to 8 years in prison.
It’s interesting that those convicted of evading mobilization also want to serve—we found ten such recruits in total. For example, such permission was received by Alexander Romanets from the Vinnytsia region, who was sentenced to three years in prison last October.
Seven people convicted of illegally transporting people across the border also decided to join the army - in particular, Denis Doni from the Odessa region, sentenced to 5 years for such a crime. In June last year, he and an accomplice tried to smuggle three drug evaders to Moldova, but were unsuccessful.
They almost served their sentence, but they are going to the Armed Forces of Ukraine
Among the cases analyzed by NGL.media, there were cases where the convicted person had almost served his sentence, but deliberately decided to go to serve. For example, Ivan Lysy from the Poltava region, who had a little more than two months to serve for theft, did not wait for the end of his sentence and went to the Armed Forces of Ukraine. Or another person convicted of robbery, Roman Khomenko from the Chernihiv region, also decided not to wait for release and mobilized, although he only had four months left before the end of his sentence.
However, people whose prison sentences are just beginning are also mobilizing. For example, 53-year-old Andrey Pastushok from the Kharkov region, who was repeatedly convicted of theft, expressed a desire to serve. He managed to serve just over two months of his fresh five-year sentence. Another example is Yaroslav Zhegistovsky from Chernivtsi, who served a little more than five months out of five years for theft.
NGL.media was unable to contact any of the former convicts. But we were only able to talk to the sister of the mobilized Ivan Lysy, who had previously been convicted of theft. His sister didn’t even know that he had already been released and was serving in the Armed Forces of Ukraine.
Data analyzed by NGL.media shows that among the mobilized convicts there are also women, although not many. This is how Oksana Nester from Rivne, convicted of robbery, received permission to mobilize. Also mobilized was Lviv resident Olga Matsyuk, who was serving a sentence for a rather strange theft. In May 2022, she stole an electronic bracelet from her partner, who was under 24-hour house arrest, and sold it for 200 UAH on the market. The verdict states that Matsyuk was diagnosed with mental disorders due to alcohol consumption.
What are the risks and how will they be dealt with?
In the process of mobilizing convicts, there are certain risks, in particular, such a mobilized person may escape from a military unit, or commit a new crime while already in military service.
NGL.media asked Deputy Minister of Justice Elena Vysotskaya whether such people could be mobilized again. “The procedure for such mobilization is universal, as long as it does not have any reservations for such convicts, but so far we have not had such cases,” Vysotskaya noted.
However, according to her, certain safeguards still exist. In particular, the court, the colony administration or the commander may refuse re-mobilization, because they will understand that such a person has already violated the norms of parole.
“This law is primarily about the right of a convict during the war to join the ranks of the Armed Forces of Ukraine; we did not go into detail about the fact that convicts will definitely violate the conditions of parole and want to serve again,” explained Elena Vysotskaya.
