“SCR 2025. What is the responsibility and return – Will there be changes from February 1, 1:35 PM: By March 1, 2025, servicemen after the first HR August 2024 The Verkhovna Rada abolished criminal liability for desertion or unauthorized abandonment of the military unit if the military did it for the first time. Subject to voluntary return to service, such a person will not be”, – WRITE ON: ua.news
By March 1, 2025, military personnel after the first HRC may return to the service without criminal liability (photo: Reuters/Serhiy Takhmazov)
In August 2024, the Verkhovna Rada abolished criminal liability for desertion or unauthorized abandonment of the military unit if the military did it for the first time. Subject to voluntary return to the service, such a person will not be held criminally liable.
After decriminalization, the number of cases of HSF increased by 60% – People’s Deputy Kostenko
We tell you that it qualifies as a HCP, what responsibility is provided in accordance with the law and how to renew in the service.
What is the HCP and what is the responsibility under the CCU
According to Article 407 of the Criminal Code of Ukraine (CCU), unauthorized abandonment of the military unit (HSF) or place of service as a serviceman in the event of failure to appear in time without valid reasons for service in case of dismissal from part, appointment or transfer, failure to leave, leave, leave or from a hospital.
Depending on the term of unauthorized leaving part of the precautions and punishment change:
▪ a HCP for more than three days, but not more than a month is punishable in a disciplinary battalion for up to two years or imprisonment for up to three years.
▪ SCR last ten days, but not more than a month or less than ten days, but more than three days, committed by a fine of up to one hundred non -taxable minimum incomes of citizens or official restrictions for a term up to two years, or imprisonment up to three years.
▪ The unauthorized abandonment of a military unit or place of service for more than one month committed by persons indicated in parts one or second of this article shall be punishable by imprisonment for a term of two to five years.
▪ SZH, as well as non -appearance on time for service without valid reasons, committed in the conditions of a special period, except for martial law, committed by persons referred to in parts one or second of this article, are punishable by imprisonment for a term of three to seven years.
▪ unauthorized abandonment of a military unit or place of service, as well as non -appeal on time for service without valid reasons committed in a martial law or in a combat environment committed by persons specified in parts one or second of this Article, are punishable by imprisonment ‘to ten years old.
Since August 2024, the Verkhovna Rada of Ukraine has changed precautions for persons who left the military unit. Since then, they have the opportunity to renew and return to the previous place of service or continue to serve in another unit of defense forces.
Ministry of Defense: More than a thousand military submitted reports to return from the HCP through the Army+
Who can return to military service and what order is acting
According to Law No. 3902-IX A person who first committed desertion or HSC may voluntarily apply to the investigator, prosecutor or court with the intention of returning to the same or other military unitor to the place of service to continue its passage. However, for this commander of a military unit or place of service must give written consent to continue service by such a person.
Thereafter The court obliges to renew the dismissed person in service by its order in the military unit or department specified in this decree. The person should arrive at the appropriate place of service within 72 hours.
The act of the contract persons renewed in military service after committing desertion or HSC, continues from the day of her arrival at the place of service. From the same day The payment of monetary and the implementation of food, material, other types of security, privileges and social guarantees established by the legislation of Ukraine are renewed.
The right to renew military service after desertion or HSF are not subject to persons suspected or charged with committing:
▪ crimes against the basics of national security of Ukraine;
▪ the premeditated murder of two or more persons or committed with special cruelty, or combined with rape or sexual abuse;
▪ particularly serious corruption criminal offenses;
▪ criminal offenses provided for in Articles 152–156, 258–258, part 4 of Article 286, Article 348 of the Criminal Code;
▪ The suspect, the accused, who, according to subparagraph 1 of paragraph 3 of the note to Article 368 of the Criminal Code, held a particularly responsible position at the time of the criminal offense.
“A dilemma arises before the people’s deputies.” Venislavsky – about discussions surrounding the draft law on demobilization and solving the problem of HSF
As a military return to the service without criminal liability – which changed Law No. 4087 -IX
On November 28, 2024 the Law of Ukraine No. 4087-I entered into force, which provides the opportunity for servicemen who left the first place of service (HSC), return to the fulfillment of responsibilities with the full restoration of social guarantees. However, they will not be prosecuted.
“Earlier, servicemen who wanted to return to the service after the unauthorized leaving of the part had to receive the commander’s written consent and apply to the investigator, prosecutor or court. Now, thanks to the changes, the procedure has become simpler and faster – Now for a return you don’t have to go to the prosecutor’s investigator and the commander will not decide – to take a fighter back or not take», – explained the director of the Law Goncharenko Center Mykola Bryukhovetsky.
That envisages a new law:
1. Return to service: Soldiers who left the place of service can voluntarily return until January 1, 2025. This will allow them to continue their service without losing social benefits and payments.
2. Recovery of rights: persons who have fulfilled the terms of the law, renew the contract, payment and security (Stay Olce, material, etc.).
3. The role of command: The commander of the military unit is obliged to restore the contract within 72 hours of returning the serviceman and notify the relevant authorities about his return.
4. Responsibility: The law does not release from criminal liability for violation, but creates conditions for rehabilitation due to the return to the performance of military duties.
Experts note that in the case, in the case, If the serviceman does not return to the service by January 1, 2025, criminal proceedings may be completed by an indictment that provides for a sentence in the form of imprisonment of up to 10 years.
The Council has extended the term of voluntary return from the HCP before March 1 2025
Who of the military who went to the HSC will not be able to take advantage of the simplified procedure
By March 1, 2025 Soldiers who have left part of the first time, for the first time, can return to the service on a simplified algorithm without criminal liability. However This does not apply to military personnel who have carried out the HCP after November 29 2024.
For this category there is a standard procedure that requires:
▪ Written consent of the commander of the part,
▪ Criminal Investigation,
▪ court decision at the prosecutor’s request.
“Restoration on service and resumption of cash security is only possible After a court decision. The process can take several months, ”the Defense Ministry emphasized.
Recall that in January 2025 the State Bureau of Investigation (DBR) stated that more than 7,000 soldiers returned to military service after the HCP.