Previously, they shot for 200 hryvnia, but now they are 5 years in prison? What threatens journalist Butusov for a video with a howitzer

Two days after verbal skirmish of journalist Yuri Butusov with President of Ukraine Volodymyr Zelensky The State Bureau of Investigation opened criminal proceedings over the video in which the journalist shoots from a cannon… The site “Segodnya” found out whether the video really became a pretext for a criminal case, what threatens Butusov and who may suffer as a result of the scandal.

What happened

On November 27, the editor-in-chief of the “Censor.net” publication, Yuri Butusov, posted a video on Facebook in which he fired a shot from an artillery gun.

“On the Day of Remembrance of the Victims of the Holodomor, I must confess that I can probably be involved in the deaths of some people in Donbass – but only in the deaths of the Russian invaders, terrorists and murderers of the Ukrainian people.”, – the journalist signed the video.

He also added that the video was filmed “a long time ago, during the training of territorial defense units of one of the regions of Ukraine.”

“This is definitely not the present time, since I am now in Kiev. Filmed in strict accordance with the existing conventions and prohibitions.”, – emphasized Butusov.

RRB opened a case

The day after the publication of the video, the State Bureau of Investigation decided to check the legality of Butusov’s actions and opened criminal proceedings.

“The journalist posted a video where he fired shots from a 152 mm D-20 howitzer. He accompanies the shot with the words:” Fire on the occupants! ” state security and allows representatives of the aggressor state to increase pressure on Ukraine “, – said the press service of the department.

The RRB also added that, according to preliminary information, the video was filmed not in the OOS zone.

On this fact, production was opened under Art. 414 (violation of the rules for handling weapons) and Art. 437 (planning, preparation, unleashing and conducting an aggressive war) of the Criminal Code of Ukraine.

“Possible violations of officials by persons who allowed a civilian to access the appropriate weapon will also be checked.”, – summed up the law enforcement officers.

What about volunteers?

Military expert Oleg Zhdanov I am sure that there is no corpus delicti in what happened.

“If the SBI believes that the journalist, having fired a cannon, committed a crime, then according to this logic, it is necessary to jail all the volunteers who, being civilians, fought in the Donbass with weapons in their hands,” Zhdanov said to Segodnya.

200 UAH per shot from a tank

The expert also notes that in the Armed Forces of Ukraine there was a practice of allowing civilians to fire from military weapons.

“Back in the days of Yanukovych, almost anyone could shoot from machine guns, grenade launchers and cannons at military ranges on a paid basis. A shot from a tank cost 200 hryvnia,” Zhdanov tells us.

Also, the expert does not exclude that Butusov was invited to the exercise as a journalist and could receive permission to shoot.

What the lawyers say

Lawyer Ivan Lieberman notes that the Criminal Code contains signs of objectivity of corpus delicti, including:

• way;
• a place;
• time;
• circumstances;
• means and instruments of committing a crime.

“The investigation must find out – under what circumstances, when and where the shot was fired, as well as conduct an examination – whether the shot was fired from a military weapon or a non-combat firearm,” Lieberman said to Segodnya.

According to the lawyer, if a civilian was allowed to shoot even from a combat cannon, but not during hostilities and not at the front, then there is nothing to judge him for.

“In this case, the investigators should ask the leadership of the military unit on what basis they allowed the civilian to fire a weapon. Only after all these procedures can we talk about the presence of corpus delicti and identify the suspects,” says Lieberman.

At the same time, the lawyer notes that even if the SBI is unable to accuse the journalist of illegal handling of weapons (Article 263 of the Criminal Code of Ukraine – up to 7 years in prison), he may be suspected of propaganda of violence.

“According to Art. 300 of the Criminal Code of Ukraine, for the production, distribution of film and video products that promote violence and cruelty, there is a threat of restriction of freedom for up to five years. The same actions by prior conspiracy by a group of people – up to 5 years in prison,” says Lieberman.

Zelensky’s “answer”?

According to Butusov himself, the criminal proceedings are the result of his dispute with President Volodymyr Zelensky during a press marathon on November 26.

“This is connected with the press conference, where I asked the president a simple question: why did he appoint Ruslan Demchenko, the head of the intelligence committee, to one of the top posts in the state? and at the same time he raises and protects the Russian agents? And now there is such a “response.” This is a demonstrative blow to freedom of speech. Zelensky wants to show that he can always find a reason, even the most bad. start a business, “Butusov said to Segodnya.

Oleg Zhdanov agrees with him.

“The Butusov case” has been sucked out of thin air, this is nonsense and nonsense. Usurpation of power and totalitarianism are flourishing in Ukraine. Either Zelensky really gave the order to “press the impudent journalist,” or he does not control the process, and the criminal case is an initiative of the RRB itself, which decided to bend over in front of the master, “Zhdanov says.

Does the case have a perspective and who will be responsible for the shot

Military expert Oleg Starikov I am sure that the criminal case against Butusov has no prospects.

“Article 437 of the Criminal Code of Ukraine, according to which the State Bureau of Investigation opened criminal proceedings, states the following:“ State officials are responsible for planning, preparing, unleashing or waging an aggressive war or aggressive hostilities. A journalist is not a government official, “the expert explains to us.

At the same time, Starikov notes that real suspects can be found in the case. They will turn out to be officers of the military unit in which Butusov fired a cannon.

“If Butusov was not at that time a reservist assigned to this military unit, was not a participant in military training and was not part of the gun crew, then the leadership of the military unit will have to answer – on what basis was the shot fired by outsiders,” Starikov says.

According to him, the unit commander can avoid criminal liability if he has all the official confirmation of the legality of the shot.

“In any case, after the publication of the scandalous video, the entire senior officer corps of the unit will receive a reprimand and will be deprived of the prize. The military will suffer because of the political hype,” Starikov summed up.

Earlier, the Segodnya website reported that on November 26, Yuri Butusov had an argument with President Volodymyr Zelensky during a press marathon.

We also informed that the editor of the Censor.net website, after being accused of provocation in Donbass, announced that he would be suing Ukrainian President Volodymyr Zelensky.

Let us remind you that Butusov is actively commenting on the scandal with the failed special operation to deliver to Ukraine a group of Russian militants from the Wagner PMC. In particular, he said that the state security had been removed from the former head of the GUR Vasily Burba, who was in charge of the special operation, and he was forced to be guarded by foreign forces.