23 Nov. Press review. SBU detained Crimean deserters: all the details

In a press-service SBU confirmed the detention of two Russian military Maxim Odintsov and Alexander Baranov, who crossed the administrative border of the occupied Crimea. According to SBU Odintsov and sheep has betrayed the military oath after the annexation of Crimea.

«We do not export, we arrested two deserters who crossed the border at the checkpoint «Chongar». It’s two Ukrainian soldiers who betrayed the oath and went to serve the Russian Federation on the occupied territory of Crimea. When they moved to the territory of Ukraine across the border at Chongar, we arrested them, because against them criminal case», — said the official representative of the SBU Elena Gitlyanskaya.

Now SBU investigates criminal proceedings under article «desertion» and «treason» of the Criminal code.

Earlier in Russia said that former Ukrainian military lured on point «Dzhankoy» Ukrainian security services and allegedly took them to the territory of the Nikolaev area. The Minister of foreign Affairs of Russia Sergey Lavrov called it «kidnapping» a provocation.

According to the Russian version of Maxim Odintsov ensign and the younger Sergeant of contract service of Alexander Baranov, ostensibly to transfer them certified documents confirming higher education in higher educational institutions of Ukraine.

In turn, the SBU said that no one was lured and the statement of Russia about the abduction called «fake».

The speaker of the Ministry of defense Alexander Motuzyanik said that Ukraine is still unknown the reason why the Russian military crossed the border.

«We refute another Russian fake that it was a so-called diversionno-intelligence group, which preys on the Russian occupation troops in Crimea. The detention occurred on the territory controlled by Ukraine, with strict compliance with the criminal law,» said Matusevich. This was reported in the article «the SBU arrested two deserters from the Crimea» in the newspaper «Ukraina Moloda».

The head of the SBU Basil Gritsak at the briefing showed video of the detention of two Russian military Maxim Odintsov and Alexander Baranov admingranitse in the Crimea.

According to Hrytsak, against the two detainees were opened criminal cases in 2015, according to the article «high treason». The military wanted to buy Ukrainian diplomas to become officers in the Russian army. They were supposed to go a third, but he refused at the last minute. According to Hrytsak, perhaps «spinal cord» felt that something was wrong. Ukrainian courier who brought diplomas deserters risked in turn fall into the the prisoner of the FSB, but that did not happen.

Now the Russian military, former Ukrainian, arrested for two months with the possibility of bail by the court in Nikolaev. Odintsov and Baranov faces up to 15 years in prison. According to the head of the SBU, they changed the oath and the group defected with their personal weapons. Also the SBU will appeal the court’s decision on the possibility of the entrance of the arrested on bail. Baranov had appointed 350 thousand hryvnias of pledge, Odintsov — 250 thousand hryvnias.

«I understand the position of articles and the position of the judges and understand that this is Nikolaev, but these men changed the oath, sided with the enemy in the group, moved with the weapon. What to do with a deserter, who betrayed the Ukrainian oath, along with the weapons remained on the territory that no country has recognized and moved to the side of the enemy? And this man can make bail?» — said hrycak.

Hrytsak also admitted that the exchange of detainees and the arrested Russian military is possible.

«It’s hard for me to answer. Theoretically it can be. But their fate will determine first the investigator, in accordance with the Criminal procedure code, and then the court», — said Hrytsak.

The chief of staff of the Chairman of SBU Alexander Tkachuk , the TV channel «112 Ukraine», also said earlier that negotiations on the exchange of deserters possible.

«We won’t talk about the exchange, will talk about specific steps in the legal field from the Russian side. Those people will be just released and the charges will simply be removed,» he said.

The security chief also said that in the Crimea remained to serve Russia, not only military, but also former employees of the SBU, writes Alexander Golovastov in the article «security service of Ukraine showed video of the detention of the Russian military» in the newspaper «KP in Ukraine».

Former Ukrainian soldiers Alexander Baranov Maxim Odintsov, betrayed their oath and gone over to serve in the armed forces, you can be sentenced to 15 years imprisonment. On Tuesday, August 22, said the head of the SBU Basil Gritsak.

According to him, the deserters would be charged under article «desertion» and «treason.» The maximum sentence in this case would be 15 years imprisonment.

While Hrytsak did not rule out the possibility of exchange of Baranova and Odintsova.

«Theoretically it can be. First, their fate will be determined by the investigator and then the court», — said the head of the SBU.

Also Vasyl Hrytsak called the number of the Ukrainian security forces, who signed up for service in the armed forces after the annexation of Crimea.

«Only in the Crimea we have more than 1,300 people,» he said.

«We are trying to see how these people travel sometimes to Ukraine, or other countries and are doing everything possible to hold them accountable, regardless of which units they served: the national guard under the interior Ministry or the SBU,» — said the head of the SBU.

According to him, the SBU maintains a register of such persons, reported in the article «the Head of SBU told about the possible punishment for traitors Odintsov and Baranova» in the newspaper «Facts and comments».

On 21 November, the security Service of Ukraine reported about the detention on the border with Crimea two deserters, who, after the annexation of the Peninsula moved to serve in the Russian army. The Russian defense Ministry in response accused the Ukrainian side in the kidnapping of its military.

As I understand it, detained them in illegal crossing of the administrative border of Ukraine. It’s the people who broke the law the fact of crossing the border; and then it turned out that these people also broke the oath. For Ukraine they are – deserters, people who had grossly violated Ukrainian legislation.

In law there is a principle of adequacy. According to this principle, we can map the situation: what would Russia have acted against its own citizens who defected, then said they would not recognize his country, Russia, does not recognize Russian laws, if captured them? I think that would take these citizens under Russian law.

Here is a purely legal side of the issue: these people should be punished for something that grossly violated Ukrainian legislation. But there is another side – question about the status of Crimea, and it is a problem of international law.

Ukraine, of course, believed, believes and will consider their territory of Crimea. It does not recognize the Peninsula is Russian, so all legal relations that have arisen after the annexation, and are associated with the Russian jurisdiction, Ukraine does not recognize.

Russia, on the contrary, believes that now it is her citizens who do not fall under the jurisdiction of Ukraine.

Such incidents, and in different dimensions and on different occasions will occur, and further, and the range is quite wide. One pole is that of yesterday’s incident: two deserters, the violator of Ukrainian oath, which seized, and the seizure of which there was a discussion about who and whose must be jurisdiction. And the second pole is the incidents of Ukrainian activists, who forcibly declared Russian citizens, although they did not want to give up Ukrainian citizenship, and which now in Russia is persecuted (Oleg Sentsovand others).

These are two aspects of the same problem. They come in many forms, but for specific legal problems of a larger, more dramatic problem which can be formulated as «Whose Crimea?». This at first glance a local incident is a serious international legal problem associated with the illegal annexation of Crimea, says Vladimir Fesenko in the article «Ukraine vs Russia: the battle for the Crimean deserters» in the edition «New time».

23 Nov. Press review. SBU detained Crimean deserters: all the details 23.11.2016

Ноябрь 23rd, 2016 by
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