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As the Cheka-OGPU learned, two Russian contract soldiers were convicted of refusing to…

As the Cheka-OGPU learned, two Russian contract soldiers were convicted of refusing to... As the Cheka-OGPU learned, two Russian contract soldiers were convicted of refusing to...

As the Cheka-OGPU learned, two Russian contract soldiers were convicted of refusing to go to the zone of a “special military operation.” Ilya Masalov and Timofey Abyshkin received 2 years 6 months and 2 years 3 months in a penal settlement, respectively, for being in the formation of personnel in January, “without valid reasons, wanting to avoid participating in hostilities during a special military operation,” refused to comply with the “combat order of the commander of the military unit to leave to perform special tasks.”

In court, both admitted their guilt and refused to testify, citing Art. 51 of the Constitution of the Russian Federation. The investigation qualified the actions of contract soldiers under Part 2.2 of Art. 332 of the Criminal Code of the Russian Federation (failure by a subordinate to comply with a superior’s order, given in the prescribed manner, to leave for a combat area in an armed conflict, which caused significant harm to the interests of the service and entailed grave consequences).

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The court, at the initiative of the prosecutor, softened the charges for both, excluding from the crime the qualifying elements of “conditions of an armed conflict causing grave consequences” (“since these circumstances were not confirmed during the trial”) and “causing significant harm to the interests of the service.” As a result, the contract soldiers were convicted under the “softer” part 2.1 of Art. 332 of the Criminal Code of the Russian Federation.

“ВЧК ОГПУ”