In early 2024, Ukraine began to mobilize convicts into the Ukrainian Army like Russia had been doing earlier in the war. [1]
On 28 February 2022, Ukrainian President Volodmry Zelenskyy offered to release prisoners with combat experience if they joined the fight against Russia. [2] Foreign volunteers with criminal records have also been allowed to enlist in the International Legion. In February 2025, Patrick Messmer, a Swiss volunteer in the Legion, told Swiss media that 30% of the International Legion's members have a criminal record. [3]
In early 2024, the Verkhovna Rada passed Registered draft law No. 11079 which allowed for the mobilization of convicts into the Ukrainian Army. [4] [5] This was due to the Ukrainian conscription crisis which was causing a shortage in new recruits to replace losses. [6] [7] [8] Draft dodgers further exacerbated the manpower issue. [9]
Per Ukrainian Minister of Justice of Ukraine Denys Maliuska, all convicts will be put into separate "Assault units". [10] [11] The convicts will then be put in units known as "Shkval Battalion" and attached to other units. [12] [13] Prisoners who are excluded from the joining include: Those who have committed two or more intentional murders, rapists, pedophiles, terrorism, treason, coruption or drug abuse. [14] [15] [16] [17] However, the Shkval Battalion of the 59th Assault Brigade told reporters that they are making legal requests in order to allow more murders of various degrees to join their ranks. [18] Soldiers who are convicted of desertion also have the opportunity to serve in Shkval battalions. [19] Convicts are reported to have the opportunity to receive parole on the condition that they serve until the end of the war. [20] [21]
If a member of a penal unit would attempt to desert or retreat without authorisation, an additional 5 to 10 years would be added to their sentence. [22] Protection for Prisoners of Ukraine leader Oleg Tsvily said that his organization "supports the idea behind the law but the text that was passed is discriminatory". [23] He also raised concerns about convicts being abused by their commanders and used as cannon fodder saying, "Some commanders treat even ordinary mobilised people badly, why would it be different for prisoners?" [24] Some convicts said that they had only had 20 days of training before being sent to the frontine. [25] A Ukrainian officer claimed in a post on Telegram that a Shkval Battalion in Kursk had been thrown into assaults with no professional military training and no coordination with the other units which resulted in heavy losses. [26] One member of a Shkval battalion who was identified as "Vitaliy R", a convict who was serving a sentence of 6 years and 6 months for theft, joined a Shkval battalion in May 2024 but later deserted in July 2024. On 30 July 2024, he was detained in Mykolaiv. [27] During his trial, "Vitaliy R" claimed that the commander of the unit he was in treated members of the unit's Shkval battalion "badly" and threatened them with weapons. [27] On 23 December 2024, "Vitaliy R" was sentenced to 8 years in prison for desertion. [27]
During an interview with UNN, a Ukrainian officer with the callsign "Kit" praised the motivation of the convicts of the 47th Mechanized Brigade's Shkval Battalion but also said there were "issues with their upbringing." [28] According to a convict with the call sign "K" who was serving in a Shkval Battalion, the other convicts of his unit "behaved badly" and that the "cases of theft of things from military personnel became widespread." [29] According to Sudovo-Yurydychna gazeta (also known as sud.ua), "There are frequent cases of bringing Shkval servicemen to justice for criminal offenses committed outside of military service. These are, according to court verdicts, theft, robbery, illegal possession of a vehicle, acquisition and storage of narcotic substances, intentional infliction of bodily harm, fraud, illegal storage or sale of firearms and ammunition." [30]
{{cite web}}: CS1 maint: multiple names: authors list (link)Oleg Tsvily, from the NGO Protection for Prisoners of Ukraine, said the feedback from inmates released to serve in the army had been positive overall. But he voiced some concerns about their treatment. "Some commanders treat even ordinary mobilised people badly, why would it be different for prisoners?" he asked..
Нерідкими є випадки притягнення військовослужбовців «Шквалу» до відповідальності за кримінальні правопорушення, скоєні за межами військової служби. Це, відповідно до вироків судів, крадіжки, пограбування, незаконне заволодіння транспортним засобом, придбання та зберігання наркотичних речовин, умисне нанесення тілесних ушкоджень, шахрайство, незаконне зберігання або збут вогнепальної зброї та бойових припасів.