Roman Ivanyshyn, a Russian soldier accused of voluntarily surrendering to the Ukrainian military, is soon to be tried by the Moscow military court in the first-ever criminal case of its kind.
The investigation found that Ivanyshyn attempted to surrender twice: the first time unsuccessfully, and the second time successfully, where Ivanyshyn was charged with both “attempted voluntary surrender” and “surrender” under Russia’s criminal code. The investigation also found that he deserted his unit.
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The surrender charges carry a sentence of up to 20 years in prison, with an additional 15 years for desertion, Russian media outlet Kommersant reported.
It is unclear when the trial will take place.
Ivanyshyn is a former miner from the Sakhalin island off the eastern coast of Far East Russia. Ivanyshyn was mobilized and served in the 39th Separate Guards Motorized Rifle Brigade.
Ivanyshyn, in an interview published online, described how he was captured on June 10, 2023, near the village of Stepove in the Volnovakha district of Ukraine’s Donetsk region. In the video, he opposed the war in Ukraine, stating that his comrades did not want to fight and were fleeing their positions.
Ivanyshyn was held in captivity for six months and returned to Russia in early January 2024, along with 248 other prisoners of war (POWs). They were flown to Moscow and later sent to Sakhalin, where Ivanyshyn was subsequently arrested with his case transferred to court.
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In early September, his case was transferred to another region due to insufficient grounds for trial in Yuzhno-Sakhalinsk, where he was located.
The case could not be tried in the self-proclaimed Russian proxy Donetsk People’s Republic (DPR) either, where the main surrender offense occurred. Ultimately, the case was brought to the Moscow military court for a full hearing.
Last year, Kyiv Post spoke with Russian POWs who stated that they did not want to be exchanged or returned to Russia, fearing they would be “executed for surrendering.”
“We were taught how to detonate a grenade. They told us we couldn’t surrender because we would be tortured, beaten, and so on,” a Russian soldier told Kyiv Post at the time.
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