Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Exemption from criminal responsibility for SZCH
On August 20, 2024, the parliament approved a draft law according to which persons who have voluntarily left a unit or deserted for the first time are exempted from criminal liability for SZH. The main condition is that the soldier must independently return and continue his service. The above decision won 270 votes of deputies (legislative initiative No. 11322).
The main purpose of the Law is to improve the current criminal legislation in the conditions of martial law. In particular, amendments to Article 401 of the Criminal Code are foreseen. In this article, we will consider the main features of exemption from criminal responsibility for the SZH.
SZCH: composition and circumstances of the crime
The composition of the crime according to Article 407 of the Criminal Code of Ukraine is the voluntary leaving of the place of service or a military unit by a serviceman for a period of more than one day without the presence of relevant permission documents. The main evidence in the process of proving the guilt of a serviceman is: testimony of witnesses, reports, audio and video materials, electronic correspondence, etc.
Let’s consider the issue of responsibility for SZH:
| Part of Article 407 of the Criminal Code | Illegal actions | Responsibility |
| Part one | SZCH for a period of 3 to 30 days. | 1. Stay in the disciplinary battalion.
2. Imprisonment for up to 3 years. |
| Part two | SZCH for a period of 10 to 30 days; repeated actions. | 1. A fine of up to 100 NMDH.
2. Service restrictions – up to 2 years. 3. Imprisonment for up to 3 years. |
| Part three | SZCH more than 30 days. | 1. Deprivation of liberty for a period of up to
5 years old. |
| Part four | SZH in conditions of a special period. | 1. Deprivation of liberty for a period of up to
7 years old. |
| Part five | SZCH in conditions of martial law or in a combat situation. | 1. Deprivation of liberty for a period of up to
10 years old. |
Conditions for exemption from liability for SZCH
According to the draft law adopted in the first reading, changes are made simultaneously to:
- of the Criminal Code.
- Criminal Procedure Code of Ukraine.
- Law of Ukraine “On Military Duty and Military Service”.
It is very important to note that a person can be exempted from liability for SZH in the presence of the following conditions:
- By the time the pre-trial investigation is completed, the serviceman must declare his intention to return to service.
- Such a decision of the military must be agreed with the commander of the military unit.
- Implementation of SZH for the first time.
If a soldier commits a serious crime (robbery, murder, robbery) during the SZH, the preventive measure cannot be changed.
In addition to the above, the draft law regulates the validity of the contract and the continuation of military service for those servicemen who are already serving a sentence for SZH. Criminal punishment can be revoked.
How will the release from punishment for SZC be carried out?
Exemption from criminal responsibility for SZCH is possible only on the basis of the request of the prosecutor. This means that it is the prosecutor who must obtain information from the serviceman regarding his desire to return to military service. The next stage is confirmation of such a decision by written consent from the commander of the military unit where the serviceman is serving. After that, you need to issue a request. It is sent to the court without conducting an appropriate pre-trial investigation.
If a serviceman is in custody at the stage of the pre-trial investigation, he can apply to the prosecutor with a corresponding petition. This petition must contain the initiation before the court or judge of the issue regarding the cancellation of his detention. Such requests should be considered urgently.
If a decision is made to close the criminal proceedings, the service resumes from the moment the serviceman arrives at the place of service. At the same time, cash payments are being renewed and other types of provision (material, food), benefits and social guarantees established by current Ukrainian legislation are being implemented.
It is worth noting that this draft law may be changed during its finalization and adoption in the second reading.
It is quite often that cases under the SZH are initiated erroneously, and in some cases – illegally. The algorithm of actions in such criminal proceedings will depend on the professionalism of the lawyer who will represent your legal interests. Specialist lawyers Prykhodko and Partners will be able to protect you from bringing the case of SZCH to court.
It is very important for us to ensure compliance with all the legal rights and interests of military personnel who oppose our enemies. Lawyers Prykhodko and Partners will make all necessary efforts for your vindication.
If you still have questions, we will be happy to answer them. We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services, fill out the form below.
Calculate the cost of services
1 question
Do you need legal help?
2 question
Are you in Kyiv?
3 question
Do you need a service urgently?
Do you conduct consultations online or by phone?
We work throughout Ukraine and abroad, so many clients want to receive consultation remotely. If you are unable to come to our office in Kyiv for a consultation, we can conduct it for you online or by phone.
You may also need:
Closure of criminal proceedings
Read more
Representation in criminal proceedings
Read more
Extradition to Ukraine as part of criminal proceedings
Read more
Escort during interrogation during martial law
Read more
Appeal against decision to discontinue criminal proceedings
Read more
Military criminal lawyer
Read more
Appealing a court verdict in a criminal case
Read more
Petition to close criminal proceedings
Read more
Protection of witnesses in criminal proceedings
Read more
Lawyer in criminal proceedings
Read more
Legal defense in a criminal case
Read more
Protection of interests in criminal proceedings
Read morecall back
during the day
Telegram
Viber
WhatsApp
Facebook
Instagram