Roman Kostenko spoke about the consequences of decriminalization of the SZC and criminal cases against commanders

During the war, the issues of discipline, trust in the command and legality of actions in military conditions acquire special importance. Ukrainian society continues to be confused by the growing number of cases of voluntary desertion among the military and criminal cases against commanders and generals. These questions cause heated debates among military experts, the public and politicians.
At the beginning of the full-scale war, many citizens voluntarily joined the ranks of the Armed Forces of Ukraine, united by patriotic enthusiasm and the desire to protect the Motherland. However, over time, the war dragged on, fatigue grew, and in almost the third year of the conflict, the number of those willing to fight decreased significantly. Against this background, the internal problems of discipline in the army are intensifying, which requires special attention from society and the authorities.
Decriminalization of SZH and its consequences
As stated Secretary of the Committee on National Security, Defense and Intelligence Roman Kostenko, the decriminalization of SZH (voluntary abandonment of a part) led to a significant increase in the number of such cases. According to the people’s deputy, the number of SZH increased by 60% after the adoption of the relevant draft law.
“The monomajority passed this draft law. After that, I spoke with our elite units, both with the DSHV and with the marines: the SZH increased by 60%. Because the soldiers thought that they could do it once, I have the right to do it,” Kostenko noted. .
He emphasized that such a decision created serious problems for discipline in the army, especially in conditions when the country is fighting a war for its existence. According to the people’s deputy, such measures have a negative effect on the morale of the troops and make it difficult to carry out combat tasks.
Criminal cases against commanders: “Pandora’s box”
A separate aspect that causes outrage among the military and the public is the criminal cases against commanders and generals for their decisions during hostilities. According to Kostenko, the civilian courts that consider these cases do not have a proper understanding of the realities of war. For example, charges often allege that the defense was not organized in accordance with the statute. But in practice, as the people’s deputy noted, most combat tasks are performed in conditions of limited resources and forces, which makes perfect implementation of statutory norms impossible.
“The most important thing that we need to understand is that these generals and commanders are now being tried by civilian courts. They are handled by the Security Intelligence Service, which does not have any battlefield experience to understand the consequences of certain decisions they made. Because it is impossible, even when they talk about examinations , to do something after the fight has already taken place. All these civilians will be comparing [the criminal proceedings situation] to some ideal statutory situations, as it should be, and not understanding what is happening now on battlefield” – believes the People’s Deputy.
He noted that he had seen one of the indictments, which stated that the defense was not organized in accordance with the statute.
“We have more than a thousand kilometers of front, and there is no defense at any stronghold that would be built in accordance with the charter.” Kostenko explained.
He added that such criminal cases against generals demotivate commanders who work in extremely difficult conditions, often without sufficient support and resources, and will “disgracefully affect” the situation on the front line.
Kostenko warned that the prosecution of commanders creates a dangerous precedent that can negatively affect the effectiveness of the Ukrainian army. Commanders making difficult decisions on the battlefield can now fear punishment for any failures.
“Because this is how it looks: you were not given the strength and resources, you did not work well, or simply you as a commander gave the order, and the soldiers left on their own – that’s all, you are to blame, tomorrow you will be where Galushkin is – behind bars. I think this is a box Pandora, which will negatively affect commanders of all echelons on the battlefield.” said the People’s Deputy.
According to Kostenko, this not only undermines confidence in the command, but also creates a risk for the overall defense capability of Ukraine. In a situation where the military is already tasked far beyond capacity, such decisions about their actions can cause additional pressure and loss of morale.