Trial on merits in Serhiy Hnezdilov's case begins in Dnipro

The first hearing on the merits of the case regarding Serhiy Hnezdilov's unauthorized departure from his duty station took place in Dnipro on January 10. Earlier, the court ruled to keep him in custody until January 31, Radio Liberty reports.

Before the hearing, Hnezdilov reminded of his wish to go back to the military unit and resume service. However, he claims that the brigades that expressed willingness to accept him were facing pressure. He called the trial “politicized,” without disclosing details.

Earlier, the defense filed a motion to acquit Hnezdilov and a request for him to resume service.

Serhiy Hnezdilov at a hearing in the Pechersk District Court of Kyiv, January 6, 2025. Photo by Suspilne Novyny

Prosecutor Mykola Shelest said that the military unit had refused.

“I don’t think this is an attempt at pressure. If Serhiy finds a place to serve, he will go back there,” Shelest added.

Hnezdilov’s lawyer Anastasia Burkovska disagrees with the qualification of the case, where her client is being charged with desertion.

“We have repeatedly said that this is an incorrect qualification, that it should be absence without official leave. We pointed out the Supreme Court’s ruling, which the prosecutor, as a state authority, must take into account. Instead, they told me that they still see it as desertion,” the lawyer said.

Burkovska says that before leaving his duty station, Hnezdilov publicly announced that he plans to come back, while desertion implies the intention to abandon military service permanently.

“Serhiy Hnezdilov has said on  Facebook and in numerous interviews: I am willing to come back when I turn 25, which is May 2025. Or when the law on demobilization is passed, with clear terms of service. This indicates that the person wants to resume service. Moreover, before the indictment was served, Serhiy had filed a petition to go back to military service,” noted Anastasia Burkovska, arguing that he should be charged with absence without official leave.

Hnezdilov's defense attorney confirmed his statement about the pressure that prevented the soldier from resuming his service, but gave no detailed comment.

The judge ultimately ruled that the case should not be heard in this court and sent the case files to the Dnipro Court of Appeals to determine which court should be trying the case on the merits.

Previously

On September 21, Serhiy Hnezdilov wrote on Facebook that he had left his duty station unauthorized to draw attention to the need to establish a service period for conscripts.

The Separate Motorized Infantry Brigade (SMIB) No. 53, where he serves, ordered an official investigation and announced that the serviceman "committed actions that contain signs of a crime."

The police opened a desertion case over Serhiy Hnezdilov leaving his duty station unauthorized.

On October 9, 2024, the State Bureau of Investigation detained Serhiy Hnezdilov on suspicion of deserting a military unit to evade military service under martial law (Part 4, Article 408 of the Criminal Code of Ukraine). He faces up to 12 years in prison.

Serhiy Hnezdilov is a Ukrainian serviceman, public activist and participant in the Russo-Ukrainian war. He volunteered for the Ukrainian Armed Forces in 2019, taking an academic leave from studying at the Journalism Department of the Lviv Polytechnic University.

Hnezdilov has taken part in battles in Donetsk oblast, including Pisky and Bakhmut. He is the founder of the cultural festival "VydelkaFest" in his hometown Vylkove in Odesa oblast, and hosts the "++ Podcast" on Hromadske, where he interviews soldiers and discusses the militarization of the society.