A Russian soldier
Representation. A Russian soldier stands guard at the Luhansk power plant in the town of Shchastya. ALEXANDER NEMENOV/AFP via Getty Images

KEY POINTS

  • Dmitry Vasilets, 27, is facing a possible jail term of three years
  • The Russian State Duma approved criminalizing military disobedience
  • Vasilets challenged the order compelling him to return to the combat zone but lost in court

A 27-year-old Russian senior lieutenant is facing felony charges and a possible jail term for refusing to obey his superiors' orders amid the war in Ukraine.

Dmitry Vasilets was the first Russian to be charged under the amended criminal Article 332, which makes military disobedience in a time of combat operations a criminal act. He could face three years in prison for disobeying military orders, the independent Russian news outlet Meduza reported.

The Russian soldier said he was prepared to go to jail.

"I know I'll end up in prison. I had a choice, and I made it," Vasilets told Novaya Gazeta. "It's better to go to prison than to betray yourself and your own humanity. I wouldn't be able to say to myself, 'I was only following orders' because it wouldn't justify anything. My soul is in my own hands."

Vasilets said that when he was sent to Ukraine in February, his superiors only told him that he was going to take part in some training maneuvers. He was shocked when he learned that his country had launched an invasion of Ukraine.

He managed to get a 15-day leave of absence five months later and decided not to return to the combat zone. Vasilets said he didn't kill anyone while in Ukraine.

In August, Vasilets signed a report that stated his refusal to return to the battlefield, which was at the time only punishable by dishonorable discharge from the army.

But while the Russian military bureaucracy received his letter, it was scrapped following Russian President Vladimir Putin's announcement of partial mobilization.

Vasilets once again filed a report refusing to return to combat duty in September and even filed a lawsuit against the order for his return. But he lost the case in court.

Before Vasilets filed his second report, the Russian State Duma passed the legislation criminalizing disobedience to military orders.

In October, Vasilets was charged with disobedience, and one of the key parts of his second report was used as evidence in his criminal case.

"I, Senior Lieutenant Dmitry Vasilets, am a serviceman in the armed forces of the Russian Federation. I would like to draw attention to the fact that I am also a human being and a citizen," Vasilets wrote in his second letter, which was used to charge him with a felony lawsuit.

Another Russian soldier charged with military disobedience was recently sentenced by a military court to one year and eight months in prison.

Court documents stated that Aleksey Breusov was prosecuted for refusing to participate in hostilities in Ukraine from the time a partial mobilization was announced.

Since Russia invaded Ukraine in February, a number of Russian soldiers have defied orders from their military commanders, citing poor treatment and lack of basic needs while on the battlefield.

A Russian  soldier on patrol in Kherson
A Russian soldier on patrol in Kherson AFP / Olga MALTSEVA