He told the Mediazone why it is impossible to open a criminal case without declaring martial law and in the absence of a written order for such a refusal, but it is possible to dismiss him.

• About 60 Pskov paratroopers refused to take part in hostilities in Ukraine, the Pskov Province newspaper reported on April 6, citing its sources.

  According to media reports, some of them are threatened with criminal charges.

• In early February, the platoon commander of the riot police operative company "Plastun"

  Farid Chitau

  and 11 of his subordinates were training "Curtain - 2022" in the Crimea, and on February 25 the command invited them to go to Ukraine.

  The National Guard responded that it was illegal.

  Then they were returned to Krasnodar, and after an official check they were fired.

  All riot police filed lawsuits for illegal dismissal, but later nine of them withdrew their complaints.

• On March 12, the Ukrainian newspaper Grati reported that about 80 Russian conscripts and Marines had refused to fight. They had entered the combat zone in the Kherson region. "Special operations".

• In late March, part of the contractors of the 4th Guards Military Base in Tskhinvali, where both Russians and residents of self-proclaimed South Ossetia serve, refused to fight.

  About 300 people returned to the republic from Ukraine.

• On April 4, it became known that at the beginning of the war 11 riot policemen from Khakassia refused to take part in the fighting. They were also involved in exercises in western Russia and Belarus. under heavy fire.

  Seven were injured, one is missing, according to the local newspaper "New Focus".

What threatens such refusals, can the military and Rosguard officers be fired or prosecuted?

"Mediazone" decided to discuss with

, the author of the public "Military Ombudsman", which advises those who do not want to fight.

Deniers.

"Concluded that personnel are sent to certain death"

Since the beginning of the war, about 40 appeals have been received, the lawyer advises the military by phone or in chats.

All of them do not want to take part in the invasion of Ukraine, but fear dismissal or criminal prosecution.

Anyone who does not want to go to Ukraine should write a report.

Hrabyanyuk knows from his former colleagues that now "a mass of reports of deniers" has gathered in the offices of prosecutors and investigators in the border regions.

"Prosecutors and investigators do not know what to do with them," says Hrabyanyuk.

- You can't start a business, you can't send materials anywhere - you also can't, so they don't do anything.

Only participate in intimidation of the military - if you do not go, then start the case.

For example, one of the servicemen writes that a few days before the war he started performing tasks as a member of a group of FSB officers as a driver of a Ural car.

A few weeks later, he came under artillery fire several times, and a week later the leader of the group suggested that the soldier move even further "into a dangerous area."

The driver refused, noting in the report that he considered it inexpedient to stay in the new location "in order to save his life and health."

Another soldier, also a driver, said in a report that a few days before the war he had been sent on a "special mission" mission, came under fire, "saw the loss of military equipment and personnel", from which he concluded that that the personnel are sent to the forefront of hostilities, to certain death. "

A few weeks later, he turned to the commander and said he considered his participation "inexpedient", "does not want to return to the front line after retreating."

"People often come there on tarpaulin" Urals "covered with tarpaulin, and bullets, roughly speaking, whistled in the cabin, on the body, - says Grabianyuk.

- And the military, who already had experience in the Chechen Republic, who, well, not to say that there are some cowards there, many understand that this is not easy - no one signed up to be meat.

That's why many people refuse. "

Cases for refusing to fight are not filed, everyone is threatened with dismissal

There are as many as 22 articles in the Russian Criminal Code for the military, they form Chapter 33 of the Criminal Code - crimes against military service.

But only one of them can be prosecuted for refusing to fight with Ukraine, according to Hrabyanyuk - Article 332 of the Criminal Code, "failure to comply with the order, which caused significant damage to the interests of the service."

So far, no case under this article has been initiated since February 24, the former prosecutor knows from his colleagues: “The problem is that there are no orders to take part in hostilities on foreign territory, as we have not imposed martial law.

The military is simply confronted with the fact - we go there, open fire there.

Their opinion - whether they are ready or not - is asked only at the stage of staffing.

Those who say they are ready are given an order.

And those who are not ready - he does not receive an order at all.

In addition, the lawyer notes, the article stipulates that non-compliance with the order caused "significant damage to the interests of the service", and it is impossible to prove this in the absence of martial law.

Hrabyanyuk states that if, despite intimidation by a criminal case, "the soldier shows firmness, he is quickly fired for non-compliance with the terms of the contract."

In one of the Russian units, after such a refusal, the Rosguard command acquainted about 500 servicemen with the draft dismissal order.

The lawyer believes that it would be fairer if martial law was imposed in Russia.

"Then everything would be consistent - the laws of war apply, the article for non-compliance with the order is more stringent and more structured," he said.

"And so we have peacetime, and the design of the article does not allow to attract for the fact that somewhere abroad, during a special operation, someone did not comply with the order, which was not even documented."