Soldiers of immunity: why top officials are fleeing the Armed Forces en masse
10 April 20:22
While the staff of the Anti-Corruption Center is forced to mobilize random passers-by, there was a volunteer who came to the Anti-Corruption Center and asked to join the Armed Forces – former head of the State Fiscal Service Roman Nasirov. Only one circumstance prevented him from going to the front line – the court hearings in the case of a multimillion-dollar bribe. That is, on the eve of the verdict, the defense asked to suspend the trial because the accused suddenly decided to mobilize.
In fact, this is not the first time that defendants have tried to avoid sentencing in this way: some are lucky, and some are not.
on April 9, 2025, the accused former head of the SFS Roman Nasirov did not appear at the HACC hearing. The defense noted that Nasirov was mobilized into the Armed Forces during the mobilization, so he could not come to court. He did so voluntarily.
On this basis, the defense filed a motion to suspend the proceedings. The prosecutor objected to the suspension of the case, as it was necessary to summon Nasirov to court first, and he could participate in the hearing remotely. The court postponed consideration of this issue to gather information. The next scheduled hearing is scheduled for April 11, as reported by Transparency International Ukraine.
In fact, the trial of Roman Nasirov on charges of receiving UAH 722 million in bribes for VAT refunds to companies of businessman Oleg Bakhmatyuk is in its final stages. After the debate, the last word and the verdict were to be delivered. But mobilization could have saved him from being sentenced. In this case, the HACC is obliged to suspend the proceedings until the accused Nasirov is demobilized, and in 2026 the term of criminal prosecution will expire, and he will avoid punishment.
on April 7, 2025, Nasirov was enlisted in the military service as a sapper of the 1st Engineer Division of the 1st Engineer Platoon of the Engineer Company of the 101st Separate Brigade of the General Staff Protection named after Colonel General Gennadiy Vorobyov. However, on April 10, the brigade commander had to cancel his own order to mobilize reserve soldier Roman Nasirov from the 105th military unit after a media outcry. But now we need to wait for Nasirov’s demobilization to continue the trial.
48 suspects are already serving
Nasirov is not the first person who decided to avoid a court sentence in this way. For example, anti-corruption activist Vitaliy Shabunin also avoided trial for inflicting bodily harm by serving in the Armed Forces. He served in the 207th Separate Battalion of the Special Forces since 2022 and was later transferred to the NABU. He is also currently serving, this time as a military medic in Kyiv, not in his military unit, but the court postponed the trial until he is demobilized. Similarly, the former head of the Kharkiv Regional Council, Artur Tovmasian, accused of taking a million-dollar bribe for a promise to keep the head of a regional utility company in office, was mobilized. In February 2023, the SAPO brought the case to court, and in 2024, Tovmasian was mobilized, and the court postponed the case.
The fact that mobilization has become a popular way for corruption suspects to avoid criminal liability is recognized even by the Specialized Anti-Corruption Prosecutor’s Office.
“So far, 48 people have mobilized to the Armed Forces of Ukraine on their own initiative after indictments were sent to court. In this regard, the consideration of cases has been suspended, and the terms of prosecution are expiring, which increases the likelihood of avoiding punishment,” the SAPO said in a statement.
An effective scheme is not for mere mortals
However, the circumstances of Roman Nasirov’s mobilization, and later the cancellation of the order on his enlistment, surprised the lawyers. On the one hand, there is no clear law prohibiting the mobilization of unconvicted persons. Even the Verkhovna Rada passed Law No. 3902-IX on amendments to Article 616 of the CPC, according to which a suspect or accused person who held a particularly responsible position at the time of the commission of a criminal offense has the right to apply to the prosecutor with a request to initiate before the investigating judge or court the issue of lifting the preventive measure for continuing and/or performing military service during mobilization, for a special period and/or contract military service.
According to lawyer Roman Lykhachov, today this is one of the ways to delay the sentencing or avoid it altogether. Today, officials and judges use it, and most of them mobilize at the stage of court debates.
“This shows that a person drags it out to the last and then joins the army. Of course, it is interesting to know why Nasirov was not mobilized earlier and whether he was entitled to a deferral I have clients who were mobilized right off the street during the trial. It is also interesting to know how Nasirov was drafted – through the MCC or did he directly apply to the military unit?
Most likely, he went directly to the military unit, and the latter issued him a referral to the MEC, bypassing the TCC. And the main thing is that we constantly face the fact that when a court recognizes the conscription by the MCC as illegal, the military unit says that they cannot dismiss the soldier. And in Nasirov’s case, the order was canceled in one day. Mere mortals cannot achieve this. There should be a uniform practice, not selective justice,” Roman Likhachev told [Komersant ].
The lawyer also points out that it is unclear on what grounds the unit commander canceled the order on Nasirov. Why did he, and not the higher command, do it? Moreover, Nasirov may file a lawsuit and demand financial support for this time.
“Another important detail. Not everyone can get the trial suspended, because by law, the court suspends it only when the defendant is involved in hostilities and cannot be present at the hearing. However, if the defendant is in the city, he can and should attend court hearings. The summons is sent to the military unit.
I have clients from Donetsk region who participate in court hearings via video link without leaving the unit. But as for the top officials, the courts often suspend the process regardless of whether the defendant can attend the hearing or not,” emphasizes Roman Likhachev.
Roman Nasirov was out of luck. On Thursday, April 10, the High Anti-Corruption Court (HACC) extended his preventive measure until June 10. He is obliged to wear an electronic bracelet, surrender his passport and is prohibited from leaving the Kyiv region. The trial will continue as usual.
Author: Alla Dunina
