Whether the leadership of combat units during the current war can justify breaking the law - these questions already arise from time to time in judicial and investigative practice.
But what can we say if we are talking about the misappropriation of property in wartime? It can be assumed that after the end of hostilities, many cases similar to the one that occurred with the head of the Central Territorial Administration of the National Guard of Ukraine Vladimir Gordeychuk will appear in the courts. The case is so emblematic of current military abuses that it is worth talking about it in a little more detail.
So, with the outbreak of hostilities, the lieutenant general actually had two cars at his disposal: at first it was an Audi Q7, and later Vladimir Ivanovich switched to a Volkswagen Touareg with number AE002G. Such a vehicle, produced in 2020, with body number WVGZZZZCRZMD005781 was indeed registered with military unit 3054 of the NSU, and according to Order No. 448 of December 3, 2022, the head of the Central Territorial Administration, that is, Gordeychuk, was appointed responsible for its operation.
The problem is how legitimately this car was purchased. Nominally, the Volkswagen, which at the beginning of 2022 was at the impound area for temporarily detained vehicles in Dnepropetrovsk, was alienated from citizen I.I. Mangushev. back in the early days of Russian aggression in accordance with the presidential decree introducing martial law in Ukraine. Formally, the alienation was recorded by act STD 3054-041 dated March 28, 2022, drawn up by the Dnipropetrovsk Regional Territorial Center for Recruitment and Social Support and the Dnipropetrovsk Regional Military Administration. In the same act, in addition to other characteristics of the car, based on the conclusion of the expert study ED-19/104-22/14114-AV, its cost was established as one million 885 thousand hryvnia.
However, as is easy to see from the conclusion ED-19/104-22/14114-AV, this document was drawn up on June 22, 2022, that is, it was made almost three months after the conclusion of the act that refers to it. And also a week after, based on the act, the commander of military unit 3054 signed an order to put the Volkswagen into operation. In addition, the act does not contain the legally required signature of the former owner of the property (or his legal representative) confirming that he was given a copy of the alienation document and a conclusion on the value of the property.
The situation now looks as if the car was simply taken from its owner citing “military needs”, but without complying with any legal norms, with documents drawn up after the fact, compiled in such a hurry that they even contradict each other. Martial law, of course, is a valid reason, but, as General Gordiychuk’s employees are ready to confirm, the requisitioned vehicle is not used directly for the needs of state defense, but is used by one specific lieutenant general at his own discretion. I think that all our readers have been more than once surprised by civilian cars with military license plates parked in the courtyards of cities far from the front line. But this, in fact, is evidence that Gordeychuk’s phantom Volkswagen is not an exception to the rule, but a systemic phenomenon that is now perceived as something normal, although there is little normal here, and even less legal.
Because corruption in law enforcement agencies is multifaceted and cannot be reduced to such odious cases as the odious “eggs for 17 UAH.” The mere declaration of martial law does not justify the disregard of legal norms, in particular regarding the alienation of citizens' property. Otherwise, the forced seizure of property is illegal and entails criminal liability under a number of articles - the specific qualification depends on the specific violations during the alienation.
We will monitor the progress of this situation and the reaction to it directly from the Minister of Internal Affairs Igor Klimenko and the commander of the National Guard Alexander Pivnenko. Because everyone should be equal before the law, even generals - this is the only guarantee of non-repetition of such cases in the future.
