Those responsible for the murder of activist Artem Myroshnychenko, which occurred in November 2019 in Bakhmut, were released early — all because they joined the ranks of the Armed Forces of Ukraine.
The dismissal of Mykola Barabash is mentioned in the resolution of the Poltava District Court dated February 13, and the dismissal of Oleksandr Baryshko is mentioned in the resolution of the Pervomaisky City District Court dated February 12.
In addition, the Slavyanskyi City District Court of the Donetsk region responded to a request from the ZMINA publication that Barabash and Baryshok were indeed released to serve in the army.
Court documents indicate that the convicts themselves expressed a desire to join the ranks of the Armed Forces of Ukraine. The colonies where they were serving their sentences — Bozhkivska in the Poltava region and Pervomaiska in the Kharkiv region — filed corresponding petitions with the court.
These documents, in addition to requesting parole for Barabash and Baryshko, also included the need to place them under administrative supervision for one year.
Both convicts were found fit for service by a military medical commission. They also received consent from the commanders of the military units in which they wished to serve.
At the time of parole, Barabash had not served the full term of 2 years, 9 months, and 26 days, and Baryshok had served 3 years, 10 months, and 26 days.
What is the matter?
On the evening of November 29, 2019, two minors beat Artem Miroshnychenko near a post office in Bakhmut. According to police, the 16-year-old beat the volunteer while his 17-year-old friend, who had recently received probation for robbery, watched the incident. The teenagers were detained the next day.
On December 6, Miroshnychenko died in a Bakhmut hospital, still in a coma. Local media and friends of the volunteer wrote that he was killed for speaking Ukrainian. The Bakhmut police chief said that the attacker explained his actions by wanting to practice his martial arts skills on the person.
On December 11, the court arrested without bail two people, at that time, suspected in the death of volunteer Miroshnychenko.
They were sentenced on June 13, 2024. The Slovyansk City District Court sentenced Mykola Barabash to 8 years in prison, and Oleksandr Baryshko to 9 years and 1 month. They were both convicted of intentional grievous bodily harm committed by a group of people, which resulted in the death of a person, and robbery. The time spent in the pre-trial detention center was credited towards their prison term.
Mobilization of prisoners
On May 17, 2024, Ukrainian President Volodymyr Zelensky signed a law that allows convicted persons to voluntarily mobilize into the ranks of the Armed Forces of Ukraine.
The law provides for the possibility for prisoners to be released on parole (by court order) for military service under a contract.
However, only those sentenced to restrictions or imprisonment for minor offenses can use this opportunity. At the same time, those convicted of the intentional murder of two or more people, rape, sexual violence, terrorism, and treason will not be able to mobilize. Also, those convicted of violating traffic rules while intoxicated and for especially serious corruption crimes will not be allowed to replace their punishment with the opportunity to fight.
To join the Armed Forces of Ukraine (and exclusively on a contract basis), prisoners must write an application, undergo a physical examination, undergo a mental health assessment, receive permission from the court, and then appear at the Central Military District. The military unit itself will decide whether it is ready to mobilize the prisoner.
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