At the beginning of the full-scale invasion, as during the first aggression of the Russian Federation, volunteers had to take the initiative to defend Ukraine. When the enemy was on the approaches to the capital, caring Ukrainians took up arms to repel the occupier. Instead, today the state "thanks" the soldiers with criminal prosecution and the threat of imprisonment.
Another case of Oleg Yova, a veteran of the Russian-Ukrainian war and defender of the Boryspil region, calls into question the effectiveness of the law enforcement system, once again draws attention to the need for legal regulation of the issue of weapons or at least decriminalization of the production and storage of weapons for self-defense.
"When it was necessary to defend the Motherland, no one said anything. Take out everything, make molotov cocktails, and now they're making me a criminal. So tell your grandchildren after the Victory that your grandfather stole cartridges and grenades from the soldiers? Instead of being a hero, they make me a criminal.” - says the volunteer.
Oleg Yova is charged under Article 263 of the Criminal Code for alleged illegal possession of weapons. 12 representatives of the police barged in on the veteran at dawn and broke down the door. After that, the volunteer had to serve a preventive measure in the Kharkiv SIZO and spend family funds on bail. Oleg's health worsened due to the terrible prison conditions and lack of access to critically needed anti-diabetic drugs.
In the first days of the Russian offensive on the Kyiv region, Oleg Yova and his friends gathered around the commander and former secretary of the Boryspil City Council, Yaroslav Godunk. It is known that in 2019, Volodymyr Zelenskyi (having confused him with another person) kicked him out of the session hall with the words "Get out of here, thief." That is why their group became known as "robbers".
"We had a very large group of caring citizens. We received weapons and ammunition from the city council, for which there are relevant documents (also photos/videos) and went to defend the Motherland. The katsaps were 2 km away, they were standing near the village of Lukyanivka. Lukash and I went on an assault and liberated the village. Many brothers were injured." Oleg recalls March 2022.
A volunteer, formerly an entrepreneur, was responsible for weapons and ammunition. By order of the battalion commander, he kept the necessary weapons in his premises:
"The cartridges were of different calibers, 2-3 boxes of grenades that remained, 8 boxes of cartridges for the Kalashnikov machine gun, pistol cartridges, for the machine gun. He loaded everything into the car and drove it home, stored it in his garage under security. The combatant said to wait until the order of the leadership. So I didn't do anything with them, they were sealed and in zincs."
As you know, the issue of volunteers and the DFTG, issuing and accounting for weapons, as well as in general distribution of weapons from trucks, as of the beginning of March 2022 was not normalized (to a large extent, remains not normalized until now). Constitutional norms on the protection of the homeland by all available means were in effect.
"They came to my place at 6 in the morning, broke down the door. I have a disabled mother, an elderly woman, and I am not young either. I am 60 years old, amputated fingers, diabetes. They showed me the search warrant, asked what was prohibited. Well, I say that there is nothing forbidden. Everything I have is official: I showed them cartridges, grenades. The law enforcement officers called sappers, made a drama out of it, and took them to Kharkiv." - says Oleg.
In general, official weapons were seized from the veteran (4 registered barrels, 8 powder cans, ammunition). The law enforcement officers also noticed a knife-bayonet in the body armor, on the basis of which they tried to incriminate Art. 263 part 2 — carrying, making, repairing or selling daggers, Finnish knives, brass knuckles or other cold weapons.
"I didn't take insulin with me, I didn't take medicine, pills with me. Investigating judge Borodyn ordered me to pay 365,000 bail money or 60 days of arrest. Of course, I don't have that kind of money, I have a pension of 2,100 hryvnias. I was locked up in a pre-trial detention center, I spent a month there. The son came, sought, filed a complaint, the second judge reviewed the case and set a deposit of 214,000. The son ran around, borrowed money from all the neighbors, took the mother's funeral money, and they all let me go." Oleg Yova shares.
According to territorial jurisdiction, Yova's case was redirected to Boryspil. However, it is not known where Oleg's official weapon went or "disappeared".
"I had five witnesses who could confirm that these ammunitions were obtained legally. I have documents for almost every cartridge. But the investigator wrote that he did not see the point in questioning the witnesses, because he was very busy. While the investigation was going on for six months, I saw the investigator four times. In practice, he removed himself and the case went "on the flow". Now I am under trial, I don't know what will happen next." - comments the volunteer.
When the war started, Oleg Yova repaired weapons. Today, he continues to support the defense forces, make examples for machine guns, and repair uniforms for the military.
"I'm on you with a weapon." Making a "criminal" out of it is very low. Everyone should have a weapon. After all, every man should have a weapon. The local police knew I had a gun. They arrived and asked to give them at least something, because the woman is alone at home and does not know what will happen tomorrow. I gave away my barrels: a smoothbore, I gave this one separately, so judge me for it then. Now I am working on examples, I have a machine: I make, decorate, adjust. I had samples, a cut-off frame, on which I fitted, but you see - everything was confiscated by the police from Kharkiv. I take the measurements off the top of my head and do them myself, when our volunteers leave, I pass them on to the boys. I used to go, now I can't. After prison, my eyesight has deteriorated, I am being treated in a hospital and I cannot help much." - says Oleg.
According to the veteran, a person must have a weapon to resist enemies. If we had adequate gun laws, half of the deaths in Buch and Irpen could have been avoided:
"People would have something to defend themselves. The Criminal Code interprets Article 263 and gives it, sorry, as rape under the age of 7. Why: It's not the gun that kills, it's the person who kills. This is a shame for our country. The law was defeated, it has not been accepted for 30 years in Ukraine. How can you judge a person without having the law. They judge by the internal order of the Ministry of Internal Affairs, because it is the only published one. It was not chosen by the people, approved in a referendum or passed by the deputies. Just an instruction. Article 263 of the Criminal Code is not worth an egg. What is the crime, and what are the fines? Ukrainians make drones for war, for victory, and they are punished for that? This is the "feeder" again. We have very intelligent people, young people can also solder, and the devil will collect a bald man. The authorities are making such a mess with weapons, because they can't do anything: the Ukrainian people will never return weapons, neither trophy ones, nor those that were taken for defense. It can be returned only when it will be bought at a normal price, and just give the barrel away - no one will give it away." — concludes Oleg Yova.
The volunteer who, despite his age and health problems, stood up for the defense of Kyiv, faces up to 7 years in prison. This is not an isolated case, because today according to Art. 263 of the Criminal Code opens a large number of proceedings against military personnel and veterans. In 2023, 5,260 criminal proceedings were registered in Ukraine. At the same time, 4,803 proceedings were closed during this period.
