Desertion or Unauthorized Absence during martial law. What to do and what is the responsibility?

With the beginning of the armed aggression of the Russian Federation against Ukraine, a general mobilization was announced. However, many people, to the extent of both objective and subjective factors, after voluntarily or by subpoena began to participate in military operations, conclude for themselves that they are not ready for the corresponding lifestyle, organization, participation in hostilities. That is why cases of arbitrarily leaving a military unit or place of deployment are very common. Using modern terminology, we are talking about desertion and voluntary abandonment of a military unit during martial law. What to do and what is the responsibility for these actions? If you or your loved ones are faced with a similar situation, the lawyers of "PRIKHODKO & PARTNERS" will help you.

Desertion and Unauthorized Absence: what's the difference?

Desertion is a crime under Article 408 of the Criminal Code of Ukraine. What is the essence of this crime? The answer is simple: in voluntarily leaving the place of service or a military unit in order to evade military service. We are also talking about not showing up for duty in case of transfer, appointment, return from vacation, business trip or from a medical institution.

What is the difference between desertion and Unauthorized Absence (voluntarily leaving a military unit)?
Desertion is the voluntary leaving of a military unit, not for a certain period of time, but forever without any legal permission.

Unauthorized Absence is not considered:

• Leaving the military unit with the appropriate permission of the commander.
• Assignment.
• Execution of the commander's order.
• Treatment.
• Rotation/Move.
• Teaching.
• Vacation, etc.

All of the above-mentioned reasons must be confirmed by the commander or duly executed documents.

What is the responsibility for desertion during wartime in Ukraine for servicemen of the Armed Forces of Ukraine?

A criminal offense committed by a mobilized, contracted, reservist, conscript during military service, training, assembly, etc., lasting up to 10 days, is subject to administrative responsibility. For soldiers of conscript service unauthorized absence lasting more than 3 days - criminal liability is provided (Article 407 of the Criminal Code of Ukraine).

Under the conditions of martial law in Ukraine, the punishment for voluntarily leaving a military unit involves a more severe measure of punishment - deprivation of liberty for a term of 5 to 10 years. As for desertion, in accordance with the fourth part of Article 408 of the Criminal Code, under martial law, it is punishable by imprisonment for a term of 5 to 12 years.

If you do not know how to act correctly in this or that situation, you should definitely use the services of professional lawyers. In that case, when it comes to desertion or SZH, important decisions should be made quickly.

Lawyers and attorneys of "PRIKHODKO & PARTNERS" have practical experience in protecting the rights of military personnel in cases of desertion and war crimes. We understand all the intricacies of modern Ukrainian legislation related to martial law and military service. A team of professionals works on each case - sign up for a consultation!