Charges against Ukrainian generals for Kharkiv defense failure raise doubts — ex-chief military prosecutor

He shared his opinions with Espreso TV.

"This is currently just a suspicion of wrongdoing — specifically, negligence. Some footage and testimonies indicate moments of careless preparation of the defense line. However, whether Halushkin or Horbenko (defendants in the case of failed defense of Kharkiv region - ed.) is responsible remains an open question. The Kharkiv Civil-Military Regional Administration was also involved. Proving negligence during combat operations, amidst chaos, the fog of war, and decision-making in battle — especially under enemy superiority — is highly doubtful. Bringing this case to a verdict is uncertain," Chumak stated.

Commenting on the trials of top military commanders, Chumak noted that political orders cannot be ruled out. However, trust in politicians and the military is vastly different.

"If this is a political order, it is poorly thought out and may lead to unintended consequences. As I always told politicians: 'Never fight with journalists.' Public opinion will always side with them, making such a fight pointless. The same applies to the military — fighting them is a losing battle. Politicians pushing such actions will suffer the consequences themselves. Doing this is senseless, and the advisers suggesting it either don't understand public sentiment or fail to calculate its impact," he said.

Regarding war crimes, Chumak says it is unlikely that combat immunity can be applied.

"It was introduced at the start of the war to protect our commanders and soldiers from accusations of violating the laws of war and committing war crimes. This tool was meant to shield them from international court cases initiated by Russia over harm to prisoners or enemy civilians. Combat immunity might be applicable after a full military-tactical examination, considering brigade staffing, front-line length, etc., which could disprove the allegations. But that is another issue," he added.

Ukrainian generals on trial 

On January 20, employees of the State Bureau of Investigation, together with the Security Service of Ukraine, detained three former commanders of the Ukrainian Armed Forces on suspicion of negligence that led to the capture of part of the Kharkiv region by Russian forces in May 2024.

The suspects are Brigadier General Yuriy Halushkin, who held the position of commander of the Kharkiv operational-tactical group, Lieutenant General Artur Horbenko, who was the commander of the 125th Separate Territorial Defense Brigade of the Ukrainian Armed Forces, and Colonel Illia Lapin, who previously headed the 415th Battalion of this unit.

The detained individuals were informed of the suspicion of negligence leading to severe consequences in military conditions (part 4 of article 425 of the Criminal Code of Ukraine). The former commander of the 415th Separate Battalion will also face additional charges of desertion (article 429 of the Criminal Code of Ukraine).

On January 21, a court hearing took place in Kyiv for former commander of the 415th Separate Rifle Battalion Illia Lapin and commander Yuriy Halushkin, who are suspected of negligence leading to the occupation of part of Kharkiv region by Russian forces in May 2024. The suspects were remanded in custody.

The following day, Petro Poroshenko announced that he was ready to post bail for Brigadier General Yuriy Halushkin. It was later reported that bail had been paid for the general.

However, when General Halushkin was released from the pre-trial detention center on January 22, a new suspicion was presented to him. The State Bureau of Investigation (SBI) announced that, together with the Security Service of Ukraine, they had discovered new facts in the case regarding the border breach in the Kharkiv region and detained the commander. The SBI stated that Halushkin was charged under the Criminal Code for aiding desertion or refusal to act with weapons.

On January 24, the Pecherskyi District Court of Kyiv decided to keep Brigadier General and former commander of the Kharkiv Operational-Tactical Group, Yuriy Halushkin, in custody for 60 days without the right to post bail.