Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Lawyer for criminal conspiracy (407 of the Criminal Code of Ukraine) – what is criminal conspiracy and how to avoid punishment for criminal conspiracy in wartime?
In the context of the ongoing martial law in Ukraine, liability for AWOL (unauthorized abandonment of a place of service or military unit) has been strengthened. In this article, the lawyers of our law firm Prikhodko & Partners will provide answers to the most common questions regarding AWOL.
What is AWOL?
The abbreviation AWOL stands for unauthorized absence from a military unit. This means that a person serving in the military leaves their place of service or the unit’s location without permission or an order from a commander. Today, the concepts of AWOL and desertion are often not clearly distinguished. Criminal liability is предусмотрена for such actions. 
What is the penalty for AWOL during wartime?
Liability for unauthorized abandonment of a military unit is regulated by Article 407 of the Criminal Code of Ukraine and depends on the duration of absence, the circumstances of the offense, and the legal regime (in particular, martial law).
The following actions are considered unlawful:
- Leaving the place of service or a military unit without an order or lawful instruction.
- Absence from the place of service without valid reasons.
In criminal law qualification, the following key criteria are taken into account:
- the duration of the servicemember’s absence;
- the presence or absence of valid reasons;
- the form of guilt (intent or lack thereof);
- recurrence of the act;
- circumstances of commission (special period, combat conditions, etc.).
When does liability for AWOL arise?
Unauthorized absence from a military unit lasting more than 3 days constitutes a criminal offense. Various types of liability are предусмотрены depending on the circumstances and duration of the absence.
For such actions, the accused may face arrest. If the offense was committed during training assemblies, a fine (up to 1,000 non-taxable minimum incomes) may be imposed.
If a servicemember is absent for more than 3 days but not more than 30 days, liability includes imprisonment for up to 3 years. If the absence exceeds one month, the servicemember may face up to 5 years of imprisonment. During full-scale war, AWOL may result in imprisonment from 5 to 10 years.
To establish criminal liability for unauthorized abandonment, it is sufficient to prove the very fact of absence without the commander’s permission or without valid reasons. There are frequent cases when even 2–3 hours after a person’s disappearance, criminal proceedings are initiated and information is entered into the Unified Register of Pre-Trial Investigations. Absence for more than 24 hours may constitute aggravating circumstances.
| Duration of absence | Legal qualification | Liability |
| 0–24 hours | Fact of absence | A violation may be recorded; proceedings are sometimes initiated |
| 1–3 days | Potential AWOL | Start of criminal qualification depending on circumstances |
| More than 3 days | AWOL as a criminal offense | Arrest or other sanctions (depending on the situation) |
| 3–30 days | Medium-severity AWOL | Imprisonment up to 3 years |
| More than 30 days | Prolonged AWOL | Imprisonment up to 5 years |
| During martial law | Aggravated offense | Imprisonment for 5–10 years |
What mitigating and aggravating circumstances may apply in AWOL cases?
Let us consider the most common situations that may be regarded as mitigating circumstances in AWOL cases:
- Voluntary return of the servicemember. If the person returns to the unit on their own and admits guilt, they may be exempt from criminal liability.
- Existence of valid reasons. For example, documented illness or important family circumstances (marriage, funerals, etc.).
- Lack of direct intent. The actions should not be aimed at evading military service.
- Willingness to cooperate with the investigation. The court takes into account the provision of important information or assistance during the investigation.
Thus, the above mitigating circumstances significantly influence the court’s decision.
Aggravating circumstances include: repeated offenses within a year; evasion of duties during martial law; theft of weapons, etc.
AWOL due to health condition
Particular attention should be paid to cases of unauthorized absence due to health conditions. In practice, such situations are among the most controversial. If a servicemember leaves their place of service due to a sudden deterioration of physical or mental health, this may be considered a valid reason.
However, proper documentary evidence is crucial: medical certificates, conclusions of military medical commissions, doctors’ records, medical history. The absence of such evidence, even in case of actual illness, may lead to qualification of the actions as AWOL.
At the same time, if there is a confirmed diagnosis or condition objectively preventing service, the defense has grounds to insist on the absence of a criminal offense or exemption from liability.
Where are servicemembers sent after AWOL?
If a suspect under the AWOL article returns to the military unit within three days, they may continue their service. The key requirement is to obtain permission from the commander. In most cases, criminal proceedings are not initiated.
In case of repeated AWOL, the servicemember will not be able to avoid criminal liability and will not be able to return to service in their unit.
How to find out if a person is wanted for AWOL?
You can independently use databases of wanted persons. Some resources contain open data on wanted persons by the Ministry of Internal Affairs, Security Service, прокуратура, Territorial Recruitment Centers, etc. However, we recommend seeking assistance from lawyers. Specialists of “Prikhodko & Partners” will provide comprehensive information about the person’s status (whether the servicemember is wanted), help identify court decisions, orders, and restrictions related to a specific individual. This will allow you to quickly obtain all necessary information.
How to avoid punishment for AWOL during wartime?
According to current legislation, a servicemember may be exempt from criminal liability for AWOL. For example, if the person returns to the unit within 3 days, disciplinary liability may apply instead. At the end of April 2025, the Verkhovna Rada extended the period for simplified return to service (provided that the AWOL offense was committed for the first time). This is regulated by draft law No. 13177.
How does the return after AWOL take place?
If a servicemember committed AWOL, there are several possible return procedures. For example, if the offense under Article 407 of the Criminal Code of Ukraine was committed for the first time, it is recommended to report to the Military Law Enforcement Service of the Armed Forces of Ukraine to process the necessary requests. This is where the process of returning the person to military service begins. If criminal proceedings have already been initiated, the prosecutor may file a motion to the court to exempt the servicemember from criminal liability. Everything depends on the specific circumstances.
Cost of legal assistance under Article 407 of the Criminal Code of Ukraine
The cost of legal services is calculated individually for each specific case. Various factors are taken into account, including the complexity of the case, timeframes, etc.
Why is a lawyer needed for handling an AWOL case?
If you or your relatives are accused under Article 407 of the Criminal Code of Ukraine, it is advisable to seek support from a lawyer specializing in this category of cases. Lawyers of “Prikhodko & Partners” provide comprehensive legal assistance in cases of unauthorized abandonment of a military unit.
Do you still have questions? We are waiting for you for a preliminary consultation! To calculate the cost of legal services under Article 407 of the Criminal Code of Ukraine, fill out the form below.
Calculate the cost of services
1 question
Did you leave the military unit on your own?
2 question
Do you need the help of a criminal lawyer?
3 question
Do you need help urgently?
Is the SZCH automatically considered desertion?
No. These are different types of offenses. Desertion involves the intention to completely evade service, which requires proof of intent.
Can a health condition justify a SZCH?
Maybe, but only if there is proper medical evidence. Without documents, even an objective illness may not be taken into account.
What to do if you are wanted on the NWCH?
It is better to act through a lawyer and voluntarily settle the matter to reduce the risks of detention.
Do they return to the same part?
This is decided individually by the command and depends on the situation and state of affairs.
Can I close the case after returning?
Yes, in some cases, voluntary return allows for the closure of proceedings or mitigation of liability.
What punishment is actually applied?
In practice, it all depends on the length of the absence, recidivism, and the position of the investigation and the court.
call back
during the day
Telegram
Viber
WhatsApp
Facebook
Instagram