Ukrainian soldiers who leave their posts without permission during wartime may face criminal charges, but legal provisions exist that can allow for their return to service without a criminal record. Military lawyer Tetiana Kozyan outlined these mechanisms in a recent commentary.
According to Kozyan, Ukrainian law provides a framework for soldiers who have committed their first instance of unauthorized absence to return to duty and avoid criminal penalties. “While there are consequences for such actions, there is a legal mechanism that allows first-time offenders to evade punishment and a criminal record,” she stated, referencing Article 401 of the Criminal Code.
Several conditions must be met for a soldier to qualify for this exemption. Firstly, it must be their first offense; secondly, the soldier must voluntarily express their intention to return to service.
Registration with the Unified Register of Pre-Trial Investigations
The subsequent steps depend on whether law enforcement has registered the offense in the Unified Register of Pre-Trial Investigations (URPTI). If the offense has not yet been recorded, the process is considerably simpler.
“If the details have not been entered into the URPTI, a soldier can return through the Military Law Enforcement Service or submit a report via the ‘Army+’ application. This often helps avoid criminal proceedings or limits the consequences to disciplinary actions,” Kozyan explained.
However, once the information is recorded in the URPTI, the case becomes an official criminal proceeding. Kozyan noted, “If the details have already been registered, the case will be handled by pre-trial investigation authorities, and merely showing up will not suffice. A voluntary return can significantly mitigate the consequences, but does not automatically close the case.”
Commander Approval Required
A critical requirement for returning to service is obtaining written consent from the soldier’s commanding officer. Kozyan emphasized, “The most crucial aspect is the written agreement from the commander of the unit, whether it is the original unit or another where the soldier wishes to return.”
Ultimately, the decision lies with the court. “Only the court can absolve a soldier from criminal responsibility, taking into account their desire to continue serving,” she added. Kozyan suggested that returning to one’s original unit is often the most effective option.
Steps for Returning to Service
Kozyan outlined the process for returning to a unit: first, the soldier should contact their commander to obtain written confirmation of their acceptance back. Following this, they must submit a report, including through the ‘Army+’ application, after which the matter will be reviewed by the court.
“The court is responsible for deciding on the release from criminal responsibility based on the soldier’s intent to continue serving. If the court rules positively, the soldier can resume their duties, and the criminal proceedings will be closed without a record,” she stated.
Consequences of Unauthorized Absence
Kozyan noted that periods of unauthorized absence have legal and financial implications. “Time spent in unauthorized absence does not count towards years of service, and no salary is paid during this period,” she explained. However, once officially reinstated, all payments and provisions are restored.
“After the court’s decision and the official reinstatement, all payments, as well as material and food supplies, are fully restored,” she added.
Criminal Liability for Extended Absence
Kozyan also warned of severe criminal penalties for prolonged unauthorized absence. “Avoiding service for more than three days during wartime can lead to serious criminal charges, ranging from five to ten years of imprisonment,” she stated. She urged soldiers to act promptly regarding their return.
“As long as the opportunity exists for first-time offenders to return without a criminal record, this is a real chance to resolve the situation and return to service within the legal framework,” Kozyan emphasized.
Current Situation Regarding Unauthorized Absence in the Ukrainian Army
Recently, the General Staff of the Armed Forces of Ukraine announced a simplification of the procedures for soldiers returning after unauthorized absence. Captain Danylo Yakovlev noted that a significant portion of mobilized personnel in Ukraine are leaving their posts without permission, with estimates suggesting that one-third or more of mobilized soldiers may be affected. He called for a restructuring of units to address this issue.
Ukrainian military personnel who leave their posts without authorization can return to service under specific legal conditions that may exempt them from criminal charges. Legal expert Tetiana Kozyan outlines the necessary steps and implications involved in this process.