Sergeant Gets 5-Year Sentence for Refusing to Assault Robotyne

Court Case Against a Conscripted Soldier

According to Главком: A conscripted soldier who refused to follow his commander’s order to assault positions near the village of Robotyne in the Zaporizhzhia region has been sentenced to five years in prison. The Shevchenkivskyi District Court of Zaporizhzhia found him guilty based on video evidence and witness testimony, ruling that the assault order was lawful.

The incident occurred on July 18, 2023, around 8:00 AM in the Zaporizhzhia region, near the village of Robotyne in the Polohy district. The court convicted the sergeant, who had been mobilized since April 2022, for refusing to follow an order to move to positions in a forest strip to support offensive operations by the Ukrainian Armed Forces.

Among the witnesses who testified in court was the deputy commander of a mechanized battalion for psychological support, who claimed that the personnel were properly equipped for combat and that the defendant had not reported any health issues. However, a driver from another battalion testified that the troops were poorly armed, noting they only had assault rifles and hand grenades, and that artillery support was almost nonexistent.

Court Ruling and Its Implications

The court examined a video recording in which the convicted soldier states:

“I refuse to carry out the order.”

His service record was negative, with notes citing irresponsibility and a tendency to violate discipline.

Additionally, during the hearing, the defense presented medical documents showing that the convicted soldier had been diagnosed with:

• degenerative-dystrophic changes in the spine
• tuberculosis
• cardiosclerosis
• chronic hepatitis, diagnosed in 2026 while in custody

The court also declined to consider the aggravating factor of alcohol intoxication, which had been recorded by an Alcofor 505 breathalyzer test.

The defendant’s pretrial detention lasted from July 18, 2023, to September 15, 2023, with each day counted as one day of the sentence. Notably, he is also a defendant in another case on desertion charges. The court ruled that 'the refusal of even a single soldier breaks the chain of command and directly threatens the entire unit’s ability to carry out its combat mission.'

Ultimately, the verdict underscores the severe consequences of disobeying military orders in the context of the war in Ukraine. This case highlights the complex situations faced by soldiers on the front lines and the critical importance of maintaining discipline during combat operations. The ruling could set a precedent for future cases involving refusal to obey orders, as it demonstrates the judicial system’s approach to upholding military discipline amid ongoing conflict.

This case highlights a troubling trend within the military, as similar incidents have arisen, such as the case of another Ukrainian sergeant who faced a five-year sentence for refusing deployment near Bakhmut. The implications of these rulings raise questions about the treatment of soldiers and their rights in combat situations. For a deeper understanding of this issue, you can read more about the sentencing of the sergeant near Bakhmut.