Pregnant servicewoman from Kabardino-Balkaria sentenced for failure to report for duty

On September 17, Kommersant reported the first sentence in Russia for a female servicewoman convicted of unauthorized absence from her unit during mobilization. Corporal Madina Kabaloeva from Kabardino-Balkaria was sentenced to 6 years in a general regime penal colony with a deferred sentence until 2032. The draft dodger was saved from a real term by the presence of a young child and pregnancy, which is why she left the unit.

The trial of the first instance took place back in May. The woman explained that she contacted the medical company of her military unit about her pregnancy, and the doctors recommended that she temporarily leave the service, which she did without notifying her superiors. According to her, she was sure that the medical service itself would convey this information to the commanders and there would be no claims against her.

However, the state prosecutor drew the court's attention to the fact that the defendant had not resigned from military service due to pregnancy, but continued to receive the required allowance and enjoy the benefits available, that is, she knew that she was not officially released from service.

The Vladikavkaz Garrison Military Court found her guilty of committing crimes under Parts 5 and 3 of Article 337 of the Criminal Code of the Russian Federation ("failure to appear for duty without good reason during mobilization, armed conflict, or combat operations"). Penalties under this article provide for 7 to 10 years. The court sentenced Kalabeeva to 6 years in a general regime colony, but the execution of the sentence was postponed until her child reaches 14 years of age.

The lawyer appealed the verdict: on August 18, the Southern District Military Court considered his appeal and left it unsatisfied, upholding the decision of the court of first instance. As stated in the ruling, the garrison court “duely took into account” the soldier’s dependent minor child and her pregnancy, assigning “a punishment close to the minimum.”

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