In Ukraine, the legal ramifications of military absences are complex, with distinctions made between unauthorized leave and desertion. Alexander Nesterенко, head of the Sumy Specialized Prosecutor’s Office for Defense, clarified these differences during a recent broadcast on Ukrainian Radio.
Nesterенко explained that an absence without leave (AWOL) does not automatically equate to desertion. AWOL refers to a military member’s failure to report back on time after leave or deployment without the intent to permanently evade service. For instance, if a soldier takes a week off to address family matters and returns, this would typically be classified as AWOL.
Conversely, desertion is a more serious offense, characterized by a soldier’s intention to abandon their post indefinitely. This could involve leaving behind military gear and fleeing the country without plans to return.
During investigations, authorities assess not only the duration of absence but also the individual’s behavior and circumstances surrounding their departure. Nesterенко emphasized that various factors, including the soldier’s intentions and any attempts to communicate their situation, are taken into account.
Legal Consequences
According to Ukrainian law, individuals can face legal action for AWOL after ten days of absence, with potential penalties ranging from five to seven years in prison. However, during wartime, these penalties can be more severe.
Importantly, the length of absence is just one element considered in court. Judges evaluate the totality of circumstances, such as whether the individual returned voluntarily or encountered legitimate obstacles that prevented their return.
Nesterенко noted that mitigating circumstances could lead to reduced sentences, sometimes even below the statutory minimum. If a soldier’s medical condition accounts for the entire duration of their absence, they may not face criminal charges at all.
The law also provides a pathway for individuals who commit AWOL or desertion for the first time and are willing to return to service, allowing for potential exemption from criminal liability.
Recent Cases
Recently, the Kozeltsi District Court in the Chernihiv region sentenced two soldiers for their actions. One soldier fled after refusing to take an oath, while the other was found guilty of AWOL despite having an unexpunged criminal record.
One of the convicted individuals, originally from Mariupol, was undergoing training in air defense. He refused to comply with a command to take the military oath on January 19, 2025, claiming his conscription was unlawful due to a prior removal from military records for health reasons. He subsequently left his unit on April 14, 2025, and was apprehended by the State Bureau of Investigations on March 4, 2026. The court ultimately sentenced him to five years and three months in prison.
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The distinctions between unauthorized military leave and desertion are crucial in Ukraine's legal framework. Recent cases illustrate the potential consequences for soldiers, emphasizing the importance of intent and circumstances in legal proceedings.