EVASION OF MILITARY SERVICE: VOLUNTARY LEAVING THE MILITARY UNIT AND DESERTING

Since the spring of 2022, since March, active mobilization has been carried out throughout the territory of Ukraine, but recently cases of administrative and criminal offenses have increased, as there are many cases of voluntarily leaving a military unit or evading service. At the moment, in the situation that has developed, it is important to ensure the appropriate implementation of the terms of the legislation on military duty and service and on mobilization. Especially in the matter of shirking duty.

What is voluntary abandonment of military service?

Voluntary desertion of a military unit is when a serviceman left his military unit or place of service without permission, illegally: did not return to the unit after treatment, leave, or arrived late to a new place of service during a transfer, etc.

All military personnel, i.e. persons serving in the Armed Forces of Ukraine, the Security Service of Ukraine, the State Border Guard Service of Ukraine, the National Guard of Ukraine and other military formations (this also includes military personnel) formed in accordance with the laws of Ukraine, the State Special the transport service, the State Service for Special Communications and Information Protection of Ukraine, as well as other persons specified by the relevant law.

Responsibility for the voluntary abandonment of a part, which was committed by a person undergoing military service for up to three days, a military serviceman under a contract, reservist or mobilized for a duration of up to ten days, will be an administratively punishable act. According to the Code of Ukraine on Administrative Offenses, namely Article 172-1: in this case, a fine or arrest with detention will be imposed.

When the voluntary abandonment of a military unit lasts for more than ten days, criminal liability already arises for a serviceman who is in service under a contract. If this is a repeated offense, then responsibility comes after three days of leaving the place of service.

At present, under the condition of martial law, the responsibility for voluntarily leaving the place of service is increased: the limitation of freedom is from five to ten years, since this condition, as a martial law, is an aggravating feature.

When does desertion become desertion?

Leaving the military unit will be desertion when a serviceman intentionally leaves the place of service, does not wish to return to the military unit, i.e. leaves the place of service without legal grounds. In this case, the number of days during which the serviceman is outside the duty station is irrelevant, since there will already be a direct intention of the person to evade duty.

Evasion of duty by a serviceman is another type of war crime. That is, it is a refusal to perform a direct duty - military service. Liability for this crime is stipulated by the Criminal Code of Ukraine, which states that evasion can be: feigning illness, special self-mutilation, i.e. intentionally inflicting bodily harm on oneself, ignoring a summons, forging documents, etc.

It should be noted that, provided that the serviceman admits guilt, contributes to investigative actions, repents, the courts can exempt him from serving a probationary sentence and certain duties, such as:

• Notify the authorized body on probation issues about a change in personal data;
• Periodically appear for registration at the Probation Office;
• Carry out certain activities of the probation program.