The Main Directorate of the National Police in the Kharkiv region has served a notice of suspicion under Article 438 of the Criminal Code of Ukraine on an FSB colonel who, at the outset of the full-scale invasion, led a group tasked with suppressing the resistance movement in Vovchansk.

Background on the suspect

Maksym Viktorovych Zhyvylo (born 29 August 1971) is a native of Lobnya in russia’s Moscow region. He holds a position in the Ninth Directorate of the Operational Information Department of the FSB’s Fifth Service.

He uses the call sign “Mars-1”.

Immediately after the launch of russia’s full-scale invasion of Ukraine on 24 February 2022, Zhyvylo crossed into Ukraine with the occupying forces and took part in offensive operations in the Kharkiv region.

Circumstances of the alleged crime

In late February 2022, russian forces occupied part of the Chuhuiv district in the Kharkiv region, including the city of Vovchansk.

According to investigators, Zhyvylo and other FSB officers were involved in suppressing local resistance. They interrogated detained civilians and used physical violence to extract information.

In May 2022, four armed servicemen detained a Vovchansk resident born in 1970 and brought him to Zhyvylo for questioning.

The officer demanded that the man call his son, who was serving in the Armed Forces of Ukraine at the time, and persuade him to desert. When the detainee refused, Zhyvylo reportedly grabbed him by the back of the head and slammed his head against a table. The victim was then placed in a basement for several hours before being released.

Legal qualification

Investigators classified Zhyvylo’s actions as cruel treatment and torture of a civilian.

International humanitarian law, including the Geneva Conventions and Additional Protocol I, as well as Ukrainian legislation, prohibit violence against civilians, torture, corporal punishment, and other forms of cruel treatment during armed conflict.

He has been formally notified of suspicion under Part 2 of Article 28 and Part 1 of Article 438 of the Criminal Code of Ukraine.

Earlier, investigators established that in April 2022 Zhyvylo allegedly tortured another Vovchansk resident. According to the investigation, wires were attached to the victim’s earlobes and electric shocks were administered; his teeth were also filed down. Prosecutors say the suspect not only issued orders but personally participated in the abuse. The man was unlawfully detained for 86 days before managing to escape by crossing a river into territory controlled by Ukraine.

The case is currently being considered by the Chuhuiv City Court.