We would like to draw the attention of readers, their relatives and loved ones who serve in the Armed Forces of Ukraine (AFU) and military personnel to the increased liability of military personnel for unauthorized absence from military service (hereinafter – UAS).
Thus, military personnel who have deserted their military units or places of service or deserted before May 10, 2025 (the date of entry into force of the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Procedure for Military Service by Certain Categories of Military Personnel During Martial Law” of April 30, 2025, No. 4392-IX) and who voluntarily reported for duty no later than August 30, 2025, could be reinstated in military service under a simplified procedure.
Please note: for more detailed advice, please contact our lawyers in Kyiv. Our specialists have extensive experience in resolving such cases
Simplified return procedure
The simplified procedure consisted in the fact that a military serviceman who committed a criminal offense before May 10, 2025, had the opportunity to return to military service before August 30, 2025, through the “Army+”, choosing a reserve (other) military unit without bringing the serviceman to criminal responsibility. In this case, the serviceman would resume receiving monetary, food, clothing, and other types of support and social guarantees.
At the same time, if a serviceman who committed desertion after May 10, 2025, could only return to the military unit he left, and reinstatement to service could take much longer.
However, after August 30, 2025, the simplified mechanism for voluntary return to service for military personnel who committed desertion ended.
Strengthening responsibility for desertion
From now on, desertion during martial law for unauthorized absence from a military unit or place of service by a serviceman, as well as failure to report for duty on time without valid reasons for more than three days, will result in criminal liability under Part 5 of Article 407 of the Criminal Code of Ukraine, which means imprisonment for a term of 5 to 10 years.
Please note that the liability provided for in parts 1-4 of Article 407 of the Criminal Code of Ukraine applies to offenses committed in peacetime.
Previously, for example, for unauthorized absence from a military unit or place of service by a conscript, as well as failure to report for duty on time without valid reasons in the event of dismissal from the unit, appointment or transfer, failure to report from a business trip, vacation or medical facility for more than three days, but not more than a month, a serviceman could be punished by detention in a disciplinary battalion for up to two years or imprisonment for up to three years.
Administrative liability for desertion applies only in peacetime if the serviceman was absent for up to three days.
During martial law, desertion is a criminal offense for which much more severe punishment is provided.
Thus, under martial law, administrative liability (arrest in a guardhouse for up to 10 days or a fine of 8,500 to 17,000 UAH) does not apply.
Please note that for desertion, a serviceman loses additional remuneration for the month in which the violation occurred and for the entire period of unauthorized absence from the unit.
The command of the military unit may remove the serviceman from the personnel lists, dismiss him from his position, and suspend the payment of monetary allowance in connection with desertion.
And these are not all the measures that can be applied to military personnel who have left their military unit without permission; disciplinary measures may also be applied to military personnel.
Draft laws on unauthorized absence from military service being considered by the Verkhovna Rada of Ukraine
Currently, the Verkhovna Rada is considering Bill No. 13260 “On Amendments to the Criminal and Criminal Procedure Codes of Ukraine Regarding Liability for Criminal Offenses Related to Unauthorized Absence from Military Units or Places of Service under Martial Law,” which concerns the liability of military personnel for unauthorized absence from their unit and desertion (UAU), and which was voted on in the first reading by 277 parliamentarians on September 4, 2025.
If this bill is adopted in the near future, it proposes:
- to remove the provision (part five of Article 401 of the Criminal Code of Ukraine) that allowed cases of unauthorized absence from the unit or desertion committed for the first time during martial law to avoid liability in the event of voluntary return to service;
- add a new paragraph to the transitional provisions of the Criminal Code defining the grounds for exemption from liability for military personnel who committed such offenses for the first time but voluntarily returned or are already serving;
- amend the articles of the Criminal Procedure Code and regulate the conditions and procedure for exempting military personnel from criminal liability in cases where there are grounds for doing so.
We draw readers’ attention to the fact that there will be no “mitigating circumstances” for deserters and AWOLs after the adoption of this law. After the final adoption of the law, courts will not be able to apply mitigating provisions for deserters or POWs. In particular, the provision of part 5 of Article 401 of the Criminal Code, which previously allowed for exemption from liability for a first offense under certain conditions, will be repealed. Current legislation already prohibits imposing penalties below the minimum threshold or giving suspended sentences for such war crimes. Therefore, it is now impossible to avoid actual imprisonment—the state has chosen a course of irreversible punishment.
For more detailed legal advice on liability for war crimes and the protection of military personnel from the arbitrariness of the judicial system, we recommend that you seek legal services in Ukraine from the professionals at the law firm “First Legal”. They will help you! Fill out the application form on the website right now or call one of the following numbers: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.