As of March 1, 2026, Ukrainian military personnel who leave their posts without permission face potential imprisonment, but there are legal avenues for returning to service. Lawyer Marina Bekalo provided insights on the penalties and procedures for those who have been absent without leave (AWOL).
According to Bekalo, military members who abandon their posts for more than three days can face criminal charges, particularly severe during combat or martial law situations. Offenders could face imprisonment ranging from five to ten years under Article 407 of the Ukrainian Criminal Code.
Consequences of AWOL Post-March 1
However, the law allows for some leniency. A military member who commits this offense for the first time may be exempt from criminal liability. Bekalo noted, “According to Article 401 of the Criminal Code, a service member who has committed an offense for the first time can be released from criminal responsibility.”
To facilitate their return, the service member must voluntarily approach an investigator, prosecutor, or court with a request to resume military duties, either in their original unit or a different one. A written consent from their commanding officer is also necessary.
Choosing a Unit After AWOL
Bekalo explained that the decision regarding where a service member will serve next is made by the court. “The court determines where the military personnel will continue their service: in the same unit or a different one,” she stated.
This process begins when the case materials are submitted to the court. After reviewing the details, the court will issue a ruling on the service member’s future assignment.
Previously, service members could choose their next unit, but changes implemented in December 2025 altered this process significantly.
Returning to Service: Steps and Procedures
If a service member has been AWOL for more than three days and a criminal case has been initiated, they must follow specific procedures to avoid criminal charges. First, they need to submit a request through the “Army+” app for written consent to continue their service. The Military Law Enforcement Service (VSP) will process these requests and coordinate further actions with the reserve battalion command.
Through the app, service members can see available units for their return. However, transferring to another unit requires written approval from the commanding officer.
Upon receiving confirmation, the service member has 24 hours to report to the appropriate VSP office, obtain instructions, and proceed to the reserve unit while their case is under review.
After reviewing the available units and obtaining the necessary approvals, the service member must submit a petition to the prosecutor, pre-trial investigation body, or directly to the court expressing their intent to return to service.
Once the petition is reviewed, the case materials are forwarded to the court, which will decide on the release from criminal liability. After securing the court’s decision, the service member presents it to their commander and officially resumes their duties.
Bekalo concluded by noting that these regulations are currently in effect. Proposed legislative changes regarding AWOL penalties are expected to be introduced in the Ukrainian Parliament in March.
Ukrainian military personnel facing AWOL charges can navigate legal pathways to return to service, with specific procedures outlined by lawyer Marina Bekalo. As of March 1, 2026, those absent for more than three days risk severe penalties, but first-time offenders may avoid criminal liability through proper legal channels.